Case law

Bruce Klaasen v. Dennis Jonker

Michigan Court of Appeals · Jul 31, 2018

established in Costa Rica. … The trial court did not clearly err in finding that Sweezie asserted frivolous defenses – misnomer of a corporate entity and corporation by estoppel.

People of Michigan v. Terry Lee Ceasor

Michigan Court of Appeals · May 23, 2019

At trial, the court qualified Dr. Gilmer-Hill, as the prosecution’s expert in shaken baby syndrome (SBS). … and the disadvantages of lesser qualified experts who can actually harm a client’s case

Attorney General v. Powerpick Player's Club of Michigan, LLC

287 Mich. App. 13 · Michigan Court of Appeals · Jan 5, 2010

But PowerPick is clearly confused about what constitutes a factual dispute and about the proper role of a jury. … However, the Peterson Court qualified its holding by noting that "[h]arm to the public is presumed to flow from the violation of a valid statute enacted to preserve public health, safety and welfare."

Estate of John Neilson Jackson v. Pioneer State Mutual Ins Co

Michigan Court of Appeals · Aug 10, 2023

The motion may “only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. A motion under MCR 2.116(C)(10) tests the factual support for a claim. … Nonetheless, because the testimony from both witnesses was admitted at trial and they were qualified as experts, this argument is also moot. Barrow, 305 Mich App at 659.

In Re L R Phillips-Wier Minor

Michigan Court of Appeals · Mar 14, 2024

ANALYSIS It is well-established that the DHHS has an affirmative duty, established by statute, to make reasonable efforts to reunify a parent and child before seeking termination of parental rights. … Moreover, during the delay, respondent’s mental health did not go unaddressed; respondent was in counseling, and the DHHS agreed to work with respondent to ensure that her chosen counselor was qualified to meet her mental-health

Bruce Klaasen v. Dennis Jonker

Michigan Court of Appeals · Jul 31, 2018

established in Costa Rica. … The trial court did not clearly err in finding that Sweezie asserted frivolous defenses – misnomer of a corporate entity and corporation by estoppel.

Abcs Troy LLC v. Loancraft LLC

Michigan Court of Appeals · Apr 29, 2021

The district court ruled that an award of attorney fees under the parties’ contract qualified as damages subject to its jurisdictional limit of $25,000. … Moreover, it will not be known for certain at the outset how much a party will incur in attorney fees during the lawsuit, and subject-matter jurisdiction must be established at the outset.

People of Michigan v. Fredie Phillip Koryal

Michigan Court of Appeals · Aug 29, 2019

I remember this clearly. … Nakahodl were clearly admissible under MRE 803(4) because they were made for the purposes of medical treatment and diagnosis.

Charlie B Hobson v. Indian Harbor Insurance Company

Michigan Court of Appeals · Mar 10, 2015

The proper interpretation of clear contractual language and the determination whether a contract’s language qualifies as ambiguous both constitute questions of law that we review de novo. … “While [i]t is the insured’s burden to establish that his claim falls within the terms of the policy, [t]he insurer should bear the burden of proving an absence of coverage.”

People of Michigan v. Devree Ahmonne Garner

Michigan Court of Appeals · Mar 11, 2021

First, defendant does not challenge that two of the police officers were properly qualified as experts in drug trafficking. … Detective Vandyke, who was not qualified as an expert, testified that a lid to a digital scale was found in the kitchen.

People of Michigan v. Antravel Lavar Beckom

Michigan Court of Appeals · May 7, 2019

What defendant is really contesting is the prosecution’s failure to affirmatively disclose Rogan’s immunity to the jury. … Defendant argues that this testimony does not qualify under MRE 801(d)(1)(C) because Rogan was not present for the actual robbery itself. We disagree.

People of Michigan v. William Michael Badger Jr

Michigan Court of Appeals · Jun 17, 2026

In doing so, he failed to stop at a clearly posted stop sign and then deliberately drove in excess of the speed limit on a gravel road. … Clearly, then, defense counsel was the first to argue in closing that defendant refused to submit to a blood draw.

Pietro Degiuli v. City of Taylor

Michigan Court of Appeals · Dec 23, 2014

Plaintiff presented evidence that he was qualified for duty; he supplied a psychiatrist’s note clearing him to return to work and Danuloff found him competent. … The fact that plaintiff engaged in protected activity does not immunize him from the consequences of threatening his supervisor. West, 469 Mich at 187.

James McEwen v. John Guthrie

Michigan Court of Appeals · May 23, 2017

Plaintiffs assert that the trial court clearly erred in concluding that defendants established a prescriptive easement because the testimony showed “that the docks were installed pursuant to an agreement” which demonstrated … Defendants have clearly established the elements necessary to support the creation of a prescriptive easement.

Jermey Good v. Pioneer State Mutual Insurance Company

Michigan Court of Appeals · May 21, 2020

“Jurors are presumed to be qualified. The burden of proving the existence of a disqualification is on the party alleging it.” Id. … “In order for a party to establish that a potential juror is objectionable, there must, first, be a specific indication, on the record, that the party seeking removal finds the individual objectionable.

Stacie B Price v. Gary L Price

Michigan Court of Appeals · Apr 17, 2018

This Court reviews a trial court’s findings of fact, which includes whether a particular asset qualifies as marital or separate property, for clear error. … These facts tend to establish that the home was marital property used and encumbered upon for the benefit and enjoyment of both parties—not just plaintiff.

Jonathan Hall v. Shawn Edwin Ball

Michigan Court of Appeals · Feb 14, 2017

In relevant part, Ball would be immune to tort liability unless his conduct “amount[ed] to gross negligence that is the proximate cause of the injury or damage.” MCL 691.1407(2). … More importantly, plaintiff also suffered from serious muscle spasms in his lower back, which clearly were objectively manifested. We therefore conclude that summary disposition was premature.

Shelley Rozmiarek v. Joseph Rozmiarek

Michigan Court of Appeals · Jul 19, 2018

The trial court thus did not abuse its discretion in ruling that GR’s hearsay statements failed to qualify for admission under the excited utterance exception.1 1 The dissent opines that GR’s out-of-court statement to … The evidence does not clearly preponderate against the trial court’s finding that the parties are equal on this factor.

Shelley Rozmiarek v. Joseph Rozmiarek

Michigan Court of Appeals · Jul 19, 2018

The trial court thus did not abuse its discretion in ruling that GR’s hearsay statements failed to qualify for admission under the excited utterance exception.1 1 The dissent opines that GR’s out-of-court statement to … The evidence does not clearly preponderate against the trial court’s finding that the parties are equal on this factor.

People of Michigan v. Michael Jay Jackson

Michigan Court of Appeals · Jul 18, 2024

attorney and claims the financial inability to retain an attorney: “(1) present employment, earning capacity and living expenses; (2) outstanding debts and liabilities, secured and unsecured; (3) whether the defendant has qualified … Yet the trial court still found that the record established that defendant was financially able to hire appellate counsel.