Case law

People of Michigan v. Robert Livingston

Michigan Court of Appeals · Jul 10, 2025

In light of these deficiencies, we cannot conclude that the trial court’s factual findings were clearly erroneous. … Nor did it establish a reasonable probability that, but for this failure to call Phelps, the outcome would have been different.

League of Women Voters of Michigan v. Secretary of State

Michigan Court of Appeals · Oct 29, 2021

That the process would be more difficult was established by the unrebutted affidavits detailing the burdens imposed by the 15% geographic requirement. … Furthermore, the checkbox requirement, by itself, is clearly narrowly tailored. Unlike the prohibition in Meyer, it imposes absolutely little to no burden on circulators.

Quentin Betty v. Department of Corrections

Michigan Court of Appeals · Apr 25, 2024

MCR 2.116(C)(8), arguing they were not in a contractual relationship with Betty because religious diets were part of prison control and management, and defendants were required under a prison policy directive to provide qualified … Without the existence of a valid contract, Betty’s “claim is so clearly unenforceable that no factual development could possibly justify recovery.” El-Khalil, 504 Mich at 160.

People of Michigan v. Torri Montague Durden

Michigan Court of Appeals · Jul 28, 2022

Because the objective circumstances do not show that the primary purpose of the SANE’s questioning was to establish past events relevant to a later prosecution, the notes qualify as nontestimonial and do not implicate the … The record thus did not clearly support giving a consent instruction because there was little, if any, evidence that AW engaged “freely and willingly” in sexual acts with Durden. M Crim JI 20.27.

Ronnie Dunn v. Genesee County Road Commission

Michigan Court of Appeals · Aug 1, 2019

Defendant’s determination to offer the position to a less qualified candidate because of his race not only foreclosed plaintiff’s opportunity to be considered for the available job opening, it also established … I was more qualified.

Jill Creech Bauer v. Jessica Hammon

Michigan Court of Appeals · Feb 12, 2019

“General allegations of malice are insufficient to establish a genuine issue of material fact.” Id. … The information from the minutes of the judges’ meetings clearly falls within the scope of the deliberative-process privilege.

Robin E Silas v. Evelyn a McKenney

Michigan Court of Appeals · May 25, 2023

She alleged that the stepmother was harming the children by “diagnosing” them with mental disorders that were not confirmed by any qualified practitioner. … The order clearly provides that her fee would be $300 an hour, and that her fees would be equally shared by the parties.

Stuart D Roeder v. Global Express Services LLC

Michigan Court of Appeals · Jun 13, 2017

Roeder intended to establish from the metadata connected with the file that Raad had not drafted the letter in January 2013. … Accordingly, we cannot conclude that the trial court clearly erred in finding that Raad did not send the letter in January 2013.

Robin E Silas v. Evelyn a McKenney

Michigan Court of Appeals · May 25, 2023

She alleged that the stepmother was harming the children by “diagnosing” them with mental disorders that were not confirmed by any qualified practitioner. … The order clearly provides that her fee would be $300 an hour, and that her fees would be equally shared by the parties.

Gerald Moss v. Dr Sailaja Datla

Michigan Court of Appeals · Dec 22, 2022

The telemetry strip was used to support O’Hara’s account that she arrived when CPR was already in progress and that the medical records might have contained errors regarding the timing of Moss’s cardiac arrest, which clearly … Even though neither party offered O’Hara as an expert witness and she was never qualified to testify as an expert witness, the trial court ruled that defendant would be required to establish a foundation for O’Hara’s testimony

In Re countryman/morgan/smith Minors

Michigan Court of Appeals · May 21, 2025

“Title II of the ADA requires that ‘no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a … This is insufficient to establish error.

In Re L a Tokarski Minor

Michigan Court of Appeals · Nov 9, 2021

The petition also alleged that LAT had cigarette burns on her body and was “extremely behind on immunizations” because she had only been to two wellness visits, and that respondent was homeless. … To the extent that respondent argues that the psychological services were insufficient to establish a disability, this argument too fails. Respondent testified that she completed a psychiatric examination.

People v. Lowenstein

118 Mich. App. 475 · Michigan Court of Appeals · Jul 23, 1982

Shadwick v City of Tampa, 407 US 345, 350 ; 92 S Ct 2119, 2123 ; 32 L Ed 2d 783, 788 (1972), established a two-part test for determining who may qualify as a magistrate with the power to issue search and arrest warrants. … We need not now decide if this standard rather than the clearly erroneous standard is apposite. Cf.

in Re Kirk David Duncan Lpc

Michigan Court of Appeals · Jan 21, 2020

An expert’s opinion is objectionable where -4- it is based on assumptions that are not in accord with the established facts. … Patru’s opinions were supported by the established facts and applicable statutory language. Badalamenti, 237 Mich App at 286.

Mary Williams v. State of Mi Dept of Health and Human Services

Michigan Court of Appeals · Oct 28, 2021

And plaintiff was only required to show that she was minimally qualified. For these reasons, we conclude that plaintiff satisfied the “qualified” prong. B. … include: (1) whether they were made by a decision maker or an agent within the scope of his employment, (2) whether they were related to the decision-making process, (3) whether they were vague and ambiguous or clearly

Robert Walworth v. Metropolitan Hospital

Michigan Court of Appeals · Jul 28, 2016

The proponent of evidence has the burden to establish its admissibility. Edry v Adelman, 486 Mich 634, 639; 786 NW2d 567 (2010). … Kitain was not qualified as standard of care expert under MRE 702.

People of Michigan v. David Leroy Bennett

Michigan Court of Appeals · Jan 21, 2021

He is clearly not the same person that came to prison as a terrified and withdrawn 18-year-old offender.” … The resentencing court clearly erred by ignoring this constitutional mandate.

Dominique Zanders v. Greektown Casino LLC

Michigan Court of Appeals · Nov 21, 2017

But even assuming plaintiffs presented evidence that could clearly and convincingly establish they were about to report a suspected violation of law to a public body, plaintiffs’ claims fail for another, obvious reason. … Nor do we view the comment as clearly reflective of racial bias.

in Re a J Smith Minor

Michigan Court of Appeals · May 9, 2017

However, it does not appear that (c)(i) was established by clear and convincing evidence in this case. … Nevertheless, respondent’s substance abuse qualifies as an “[o]ther condition” causing AJS to come within the court’s jurisdiction. See MCL 712A.19b(3)(c)(ii).

AMY v. MIC General Insurance

258 Mich. App. 94 · Michigan Court of Appeals · Oct 16, 2003

[The third] vehicle clearly was not involved in the activity contributing to the happening of the accident. … In the context of Robinson, where the definite article was used with “proximate cause” in the governmental immunity statute, the use of the definite article, “is best understood *132 as meaning the one most immediate, efficient