Case law

City of Riverview v. Forest Island Recycling II Inc

Michigan Court of Appeals · May 19, 2015

Next, we turn to whether Riverview established that Forest Island II and intervenors had actual intent to defraud Forest Island II’s creditors. … Factor (e) provides that a badge of fraud is established if “[t]he transfer was of substantially all of the debtor’s assets.” MCL 566.34(2)(e).

Attitude Wellness LLC v. City of Royal Oak

Michigan Court of Appeals · Apr 23, 2026

(MRTMA).1 Under the MRTMA, municipalities that permit marijuana establishments to operate within their boundaries can adopt ordinances that impose restrictions on these establishments, “so long as those ordinances ‘are not … “A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id.

Estate of Patricia a Watland v. Ali J Manns Rn

Michigan Court of Appeals · Dec 26, 2017

In fact, under MCL 600.2169(1)(a), he was not qualified to offer standard of care testimony. … The trial court also clearly invited the attorneys’ comments on how to respond.

Martaz Coleman v. Magni Industries Inc

Michigan Court of Appeals · Mar 5, 2026

Accordingly, we conclude that the contract in this case qualifies as an adhesion contract subject to close judicial scrutiny. Id. … In determining whether to give a holding retroactive or prospective effect, the “threshold question [is] whether the decision clearly established a new principle of law.” Id.

Francis Katulski v. Cpca Trust I

Michigan Court of Appeals · Jan 20, 2015

A factual finding qualifies as clearly erroneous if a review of the entire record leaves this Court “with the definite and firm conviction that a mistake has been made.” Id. (internal quotation and citation omitted). … Whether the language of a contract qualifies as ambiguous is a question of law. If the contract language is clear and unambiguous, its meaning also is a question of law.

People of Michigan v. Terry Leshewn Edwards

Michigan Court of Appeals · Dec 26, 2019

Because MRE 702 permits a witness to be qualified on the basis of a variety of factors, including training, education, and experience, and the testimony established that Officer Skender had received substantial training in … Moreover, Toomer’s affidavit does not clearly indicate that Alexandra could even establish an alibi for the timeframe of the offense.

O County of Ingham v. Mi County Road Commission Self-Insurance Pool

Michigan Court of Appeals · Jul 14, 2022

It is also notable that, under Const 1963, art 7, § 1, “[e]ach organized county shall be a body corporate with powers and immunities provided by law,” and, pursuant to Const 1963, art 7, § 34, constitutional provisions “concerning … Because the counties are alleging that the Pool converted money, they must also establish that the Pool “obtained the money without [the countries’] consent to the creation of a debtor-creditor relationship and must have

Ona Lee Aguilar v. City of Saginaw

Michigan Court of Appeals · Aug 30, 2018

The city then posted the permanent fire chief position and selected several qualified candidates to interview. … Aguilar presented evidence that she was qualified for the position, both through education and experience.

in Re Joel M Engel Lmsw

Michigan Court of Appeals · Aug 27, 2019

And if statutory language is unambiguous, the Legislature must have intended the meaning clearly expressed, which then mandates us to enforce the statutory provision as written. Id. … The examiner, however, ruled that Black-Pond was qualified “in the field of general social work.”

Susan Schmunk v. Olympia Entertainment Inc

Michigan Court of Appeals · Mar 20, 2018

Only if the evidence, when viewed in this light, fails to establish a claim as a matter of law should a motion for a directed verdict be granted.” … Still, based on the jury’s award for past economic damages ($28,588.03), the jury was clearly aware of the costs of such treatment.

Ona Lee Aguilar v. City of Saginaw

Michigan Court of Appeals · Aug 30, 2018

The city then posted the permanent fire chief position and selected several qualified candidates to interview. … Aguilar presented evidence that she was qualified for the position, both through education and experience.

Susan Schmunk v. Olympia Entertainment Inc

Michigan Court of Appeals · Mar 20, 2018

Only if the evidence, when viewed in this light, fails to establish a claim as a matter of law should a motion for a directed verdict be granted.” … Still, based on the jury’s award for past economic damages ($28,588.03), the jury was clearly aware of the costs of such treatment.

Revive Therapy v. State Farm Mutual Insurance Company

Michigan Court of Appeals · Apr 28, 2016

“If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” … Plaintiff has neither alleged nor provided evidence that its providers would qualify to apply for a license under MCL 333.17959(3).

Estes v. Titus

273 Mich. App. 356 · Michigan Court of Appeals · Mar 14, 2007

Accordingly, we conclude that plaintiff sufficiently established a claim for relief under the UFTA. … Here, plaintiff is plainly a “judgment creditor,” while defendant is clearly a “judgment debtor.” But both are already parties to these proceedings.

People of Michigan v. Brian Ray Soules

Michigan Court of Appeals · May 19, 2016

After Terwilliger testified, the trial court clearly and specifically instructed the jury that her testimony could not be considered an opinion that the victim was telling the truth. … Again, “[i[t is well established that jurors are presumed to follow their instructions.” People v Graves, 458 Mich 476, 486; 581 NW2d 229 (1998).

People of Michigan v. Dequaun Lynn Hall

Michigan Court of Appeals · Oct 20, 2015

In addition, “‘the prosecution must establish that the officers’ actions were lawful’ as an element of resisting or obstructing a police officer under MCL 750.81d.” … Because the right to counsel qualifies as a fundamental right, the United States Supreme Court has instructed courts to “indulge in every reasonable presumption against [its] waiver.”

in Re Erber Guardianships

Michigan Court of Appeals · Dec 14, 2017

Turning to parenting time, the court fully explored issues relating to integrating petitioner back into his children’s lives, in a therapeutic setting and with the guidance of an appropriately- qualified therapist. … The court then, very clearly, indicated that it was not ready to rule on the parenting time issue, and therefore was taking that “issue under advisement.”

People of Michigan v. Jeremy Scott Dunklee

Michigan Court of Appeals · Jan 25, 2024

Nevertheless, a defendant’s noncooperation must be established “to the trial court’s satisfaction . . . on a case-by-case basis.” Id. … Additionally, MCL 769.12(1) clearly states that “attempts to commit felonies” satisfy the prior-offense requirements with regard to sentence enhancements.

Trinity Health Corporation v. Emergency Physicians Medical Group

Michigan Court of Appeals · Jul 25, 2024

Plaintiff argues that the language requires only that a claim exist because of the MSA to qualify for indemnification, and that the only claims not covered are those that would have come about even without the MSA. … Section XIV(A) of the MSA established the responsibility of “[e]ach party” to indemnify.

People of Michigan v. James Howard Shaul

Michigan Court of Appeals · Nov 22, 2016

The trial court did not clearly err when it found that the victim suffered a serious psychological injury requiring professional treatment. … It must be separate from the behavior establishing the sentencing offenses. Id. at 723.