Case law

Urban Investment Co LLC v. Arbor Hills Landfill Inc

Michigan Court of Appeals · Sep 19, 2025

“A plaintiff must necessarily establish factual cause in order to establish proximate cause. … A party may not simply allege that summary disposition is premature; instead, “[t]he party must clearly identify the disputed issue for which it asserts discovery must be conducted and support the issue with independent evidence

a Clean Cigarette Corp v. Governor

Michigan Court of Appeals · May 21, 2020

The Court of Claims qualified her as an expert regarding whether there existed a situation justifying the emergency rules. … As an initial point and as argued by Slis, there is a question whether plaintiffs would have any claim for money damages against the state defendants in light of immunity principles.

People v. Gonzalez-Raymundo

308 Mich. App. 175 · Michigan Court of Appeals · Nov 18, 2014

by reason of being mute, or because the person suffers from a speech defect or other physical defect which impairs the person in maintaining his or her rights in the case, the judge shall appoint a qualified … See People v Sepulveda, 412 Mich 889, 889; 313 NW2d 283 (1981) (“Notwithstanding the failure of the defendant to request an interpreter, it was error to fail to appoint an interpreter where the record clearly shows that the

Clayton Cline v. Allstate Insurance Company

Michigan Court of Appeals · Jun 21, 2018

All of this undisputed testimony sufficiently established that plaintiff’s conduct with respect to the truck after it was acquired was in a manner that clearly comports with ownership, even if he denied purchasing or driving … In fact, the undisputed testimony established that plaintiff acted in ways clearly comporting with ownership.

20221110_C360969_29_360969.Opn.Pdf

Michigan Court of Appeals · Nov 10, 2022

A finding is only clearly erroneous if this Court “is left with a definite and firm conviction that a mistake has been made.” … Respondent did not present to the trial court, and has not presented on appeal, any evidence of other relatives or friends who qualified for placement and were willing to take RDM into their home.

People of Michigan v. Terry Louis Word

Michigan Court of Appeals · Jul 22, 2021

Burrell was qualified to opine regarding YB’s cognitive abilities. Lay witnesses have long been permitted to offer opinions regarding a person’s sanity. … The evidence clearly showed that YB had -10- a mental disease or defect.

Eugene Seals v. Saginaw Township Community Schools

Michigan Court of Appeals · May 7, 2026

In particular, his race establishes that he was a member of a protected class, there is no dispute that plaintiff was qualified for the coaching position before the events at issue transpired, and his position was given to … The record before us fails to establish such a question of fact.

In Re Molter Minors

Michigan Court of Appeals · Aug 21, 2025

“A decision qualifies as clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.” … Based on our review of the record, we are not left with a definite and firm conviction that a mistake was made, and respondent has thus failed to establish that a clear error occurred.

People of Michigan v. Juwan Marquise-Alexander Brown

Michigan Court of Appeals · Sep 10, 2025

Brown briefly recites the jury instructions on self-defense, but he does not explain how his actions qualify as self- defense. … In contrast, the video clearly shows that Brown pulled his arm back and forcefully punched Vance in the face.

In Re Stephenson Estate

Michigan Court of Appeals · May 18, 2023

Accordingly, conversion was not and could not be established. … And, quite clearly, Stephenson willfully performed the act of distributing funds held by the Trust.

Robert L Harrington v. Chippewa Correctional Facility Warden

Michigan Court of Appeals · Oct 28, 2021

“Moreover, to qualify for habeas corpus relief, the jurisdictional defect must be radical, rendering the conviction absolutely void.” Id. … “MCR 6.112(G) places the burden on defendant to demonstrate prejudice and thus establish that the error was not harmless.” Id. at 707.

Nakyrra Hogan v. Wayne County

Michigan Court of Appeals · May 30, 2024

The trial court did not clearly err by finding that plaintiffs failed to establish commonality. Typicality. … In Duskin, this Court concluded that the trial court clearly erred by finding that the named plaintiffs established typicality because the record did not show that “the named representatives have the same essential characteristics

Sharon Austin v. Hospice North Ottawa Community

Michigan Court of Appeals · Dec 17, 2020

that benefit year shall not be used to establish another benefit year. … Before receiving benefits in a benefit year established within 4 years after cancellation of rights to benefits under this subsection, the individual, in addition to making the restitution of benefits established

People of Michigan v. Christopher Adam Lake

Michigan Court of Appeals · Jul 27, 2023

“The trial court’s findings are clearly erroneous if this Court is definitely and firmly convinced that the trial court made a mistake.” People v Shaw, 315 Mich App 668, 672; 892 NW2d 15 (2016). … As discussed above, defendant has failed to establish that any of the testimony was improper, irrelevant, prejudicial, or vouched for the victim’s testimony.

Potterville Education Assn v. Potterville Public Schools Bd of Ed

Michigan Court of Appeals · Aug 18, 2015

summary disposition pursuant to MCR 2.116(C)(1) (court lacks jurisdiction over person or property), (4) (court lacks subject matter jurisdiction), (5) (party asserting claim lacks legal capacity to sue), (7) (governmental immunity … “Statutes are presumed to be constitutional, and we have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent.” In re Sanders, 495 Mich 394, 404; 852 NW2d 524 (2014).

in Re Walker Minors

Michigan Court of Appeals · Jan 28, 2020

This did not qualify as random screening. In any event, respondent- father did screen approximately 10 times during his parenting-time visits. These screens were routinely negative. … The evidence clearly and convincingly established that respondent-mother’s mental health issues and mental instability remained a barrier to reunification.

in Re Stella D Jackson Living Trust

Michigan Court of Appeals · Oct 22, 2015

In signing this document, Stella Jackson declared her intent as follows: My intent in executing this disclaimer is to insure that the assets distributed to the FAMILY TRUST do not qualify for the marital … The trial court clearly erred in finding clear and convincing evidence that Stella Jackson intended to make two distributions of $250,000 to her granddaughters.

Charles Locklear v. Oakland Schools

Michigan Court of Appeals · Jun 13, 2024

Plaintiff’s deposition testimony clearly established that he was not in his office alone all day on October 12, 2020. He admitted walking around the school and speaking with at least two employees. … employment action, (3) [he or] she was qualified for the position, and (4) [he or] she was replaced by a younger person.”

People of Michigan v. Milon Jarr Brown

Michigan Court of Appeals · May 16, 2019

Defense counsel broached the subject of immunity for Kinnard, but acknowledged that he was unaware of any authority to compel the court to take such action. … He also argues that Kinnard should have been given “use immunity” to testify so that her testimony could not have been used against her at her trial.

20250218_C370776_46_370776.Opn.Pdf

Michigan Court of Appeals · Feb 18, 2025

The deposit will be refunded if the recount establishes the petitioner’s allegations of fraud or error. … mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified