Case law

Alexander Figurski v. Trinity Health-Michigan

Michigan Court of Appeals · Mar 5, 2015

These issues are clearly beyond the realm of the average lay person. … Unlike with the causation expert, the trial court clearly understood her role as gatekeeper. Gamboa was qualified as a vocational rehabilitation expert.

Peter Bormuth v. City of Jackson

Michigan Court of Appeals · Jun 23, 2022

See McClements v Ford Motor Co, 473 Mich 373, 386; 702 NW2d 166 (2005), amended 474 Mich 1201 (2005) (noting that MCL 37.2202(1)(a) “clearly envision[s] claims by nonemployees for the failure or refusal to hire”). … Accordingly, neither the statements in the e-mail nor any other actions relied on by Bormuth qualify as direct evidence of unlawful discrimination.

in Re Pearl Franzel Irrevocable Trust

Michigan Court of Appeals · Mar 20, 2018

Thus, the probate court did not clearly err in finding that the modification was consistent with the material purposes of the Trust. … Thus, appellant fails to establish that the probate court’s finding on this matter was clearly erroneous or that it abused its discretion in denying his request for removal. Affirmed.

Terri Denise Patterson v. William James Patterson III

Michigan Court of Appeals · Jul 13, 2023

“In a divorce action, this Court reviews for clear error a trial court’s factual findings on the division of marital property and whether a particular asset qualifies as marital or separate property.” … A finding is clearly erroneous if this Court is left with a definite and firm conviction that a mistake has been made. Colen v Colen, 331 Mich App 295, 300; 952 NW2d 558 (2020).

People of Michigan v. Michael Douglas Carrick

Michigan Court of Appeals · Oct 23, 2018

Thus, he would have qualified as an expert for the purpose of making these observations. … He has failed to establish plain error.

Carol L Konieczki v. City of Jackson

Michigan Court of Appeals · Nov 18, 2014

A plaintiff can establish a prima facie case by showing that (1) she was a member of a protected class; (2) she suffered an adverse employment action; (3) she was qualified for the position, and (4) she was subjected to the … -3-  Furthermore, to the degree plaintiff showed discrimination, defendant clearly presented nonpretexual and legitimate reasons for her termination.

in Re Pearl Franzel Irrevocable Trust

Michigan Court of Appeals · Mar 20, 2018

Thus, the probate court did not clearly err in finding that the modification was consistent with the material purposes of the Trust. … Thus, appellant fails to establish that the probate court’s finding on this matter was clearly erroneous or that it abused its discretion in denying his request for removal. Affirmed.

Smith v. Department of Human Services Director

297 Mich. App. 148 · Michigan Court of Appeals · Jun 26, 2012

Random House Webster’s College Dictionary (1997) defines the word “eligible,” in relevant part, as “meeting the stipulated requirements; qualified.” … The circuit court did not clearly err by finding a predominating issue of law concerning the validity of the DHS Director’s implementation of a 60-month time limit for receiving cash-assistance benefits.

Courtney B Wigginton v. Auto-Owners Insurance Company

Michigan Court of Appeals · Apr 29, 2021

Additionally, MRE 702 permits a qualified witness to provide expert testimony. … As indicated below, whether or not an expert is qualified to provide expert testimony under MRE 702 is a matter for trial.

Stephen E Slaga v. Total Health Care Inc

Michigan Court of Appeals · Sep 17, 2019

As a health maintenance organization, THC qualified as a health benefit corporation. MCL 550.1002(f)(iii). … The public policy of Michigan is not merely the equivalent of the personal preferences of a majority of this Court; rather, such a policy must ultimately be clearly rooted in the law.

People of Michigan v. Andrew Wuis Johnson

Michigan Court of Appeals · Mar 11, 2021

The forensic interview was clearly part of law enforcement’s investigation into this case. The victim’s medical examination, however, did not have the same law enforcement connection. … The trial court qualified Dr.

Craig Hecht v. National Heritage Academies Inc

Michigan Court of Appeals · Oct 28, 2014

The plaintiff may establish a rebuttable prima facie case of discrimination by showing that (1) he belonged to a protected class, (2) he suffered an adverse employment action, (3) he was qualified for the position that he … Even assuming that plaintiff presented evidence to establish that he was discharged under circumstances which give rise to an inference of unlawful discrimination, defendant clearly rebutted that inference by introducing

Adam Troy Turner v. Jane Renee Turner

Michigan Court of Appeals · Jul 14, 2025

STANDARDS OF REVIEW “In a divorce action, this Court reviews for clear error a trial court’s factual findings on the division of marital property and whether a particular asset qualifies as marital or separate property … Such amount is clearly part of the marital estate.

Mi Brain and Spine Surgery Center v. American Alternative Insur

Michigan Court of Appeals · May 18, 2023

“When a statute’s language is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” Id. … He 1 MCL 500.3105(2) concerns injuries that qualify for worker’s compensation benefits and is not applicable in this case.

in Re Jls

Michigan Court of Appeals · Jul 8, 2021

A single act cannot constitute stalking; rather, two or more actions must occur for behavior to qualify as stalking. … The court rules clearly outline the procedure to disqualify a trial court judge and respondent wholly failed to comply with the rules.

People of Michigan v. Jalon Ladrick Merriweather

Michigan Court of Appeals · Jun 27, 2017

As such, there was sufficient evidence produced at trial to establish that BSG qualified as a gang as defined in MCL 750.411u(1)(a). … “[T]he purpose of a jury view is to enable the jury to comprehend more clearly by the aid of visible objects the evidence already received . . . .”

Xavier Lang v. Liberty Mutual Insurance Company

Michigan Court of Appeals · Jul 20, 2023

Plaintiff is not likely qualified to give testimony and frankly was never asked to determine if his health insurance is primary for outstanding medical claims. … However, the burden then shifts to the opposing party to establish that a genuine issue of material fact exists. Id.

People of Michigan v. Wilbert James Lowe II

Michigan Court of Appeals · Nov 21, 2023

If the surrounding circumstances clearly establish that the declarant was in extremis[1] and believed that his death was impending, the court may admit statements concerning the cause or circumstances … The issue here is whether “the surrounding circumstances clearly establish[ed] that . . . [Williams] was in extremis and believed that his death was impending” when he identified the shooters.

Phil Forner v. Allendale Charter Township

Michigan Court of Appeals · Mar 12, 2020

(e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. … (iv) Ensures that the buyer of a home who would qualify to purchase the home before the addition of the energy efficient standards will still qualify to purchase the same home after the additional cost of the

People of Michigan v. Thomas Ashley Casson

Michigan Court of Appeals · Mar 25, 2021

Regardless, we need not establish the quantum of proof necessary to constitute “concrete evidence” of a purported false allegation of sexual assault because, whatever the exact burden, it was clearly not met by sole reliance … The remand order further provided: Regarding the . . . argument, defendant must first establish, and the trial court shall rule on, whether Cottrell would have been qualified to answer any