Case law

Sharon Stoll v. Scott Pietila

Michigan Court of Appeals · Mar 17, 2022

In May 2021, plaintiff accepted a position in Vermont that qualified for her loan repayment program, and she moved for a change of domicile in the trial court. … “It is well established that the relocating parent’s increased earning potential may improve a child’s quality of life . . . .” Ritterhaus v Ritterhaus, 273 Mich App 462, 466; 730 NW2d 262 (2007).

Summer Kakos v. Ray Ghazala

Michigan Court of Appeals · Jan 15, 2026

We also review for clear error a trial court’s findings of fact regarding whether a particular asset even qualifies as marital or separate property. Woodington v Shokoohi, 288 Mich App 352, 357; 792 NW2d 63 (2010). … On this basis, the trial court determined that plaintiff failed to establish that defendant or Jameel engaged in collusion, or fraud, to deprive her of marital property.

Elizabeth Ann Guzak v. Steven Thomas Oppenheim

Michigan Court of Appeals · Jan 21, 2021

“A decision is clearly erroneous where, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made.” Id. … The rules must address special circumstances under which a student may qualify to be considered an eligible student under this subsection and may limit the number of courses in which a student who qualifies

Amy Clements v. University of Michigan Regents

Michigan Court of Appeals · Feb 21, 2019

Being out of the workplace for more than [12] months does not automatically qualify you for benefits under the LTD plan. … But the terms of defendant’s extended LTD plan clearly state that the decision to grant or deny LTD benefits to a claimant rests with the plan administrator.

Estate of Ronald D Patterson v. St Joseph Mercy Hospital Ann Arbor

Michigan Court of Appeals · Jun 13, 2024

Anton clearly testified that the Xarelto caused the [gastrointestinal] bleed which satisfies reliable medical expert opinion of causation in this matter. … To establish that Dr.

Jason Maxey v. Botsford General Hospital

Michigan Court of Appeals · Feb 17, 2022

She did not clearly quantify how her specialties were distributed across her clinical practice and instruction. … Therefore, plaintiffs have not established any error entitling them to relief. See Johnson, 329 Mich App at 126. Affirmed.

Edward Pinkney v. State of Michigan

Michigan Court of Appeals · May 26, 2022

The policy or custom must be the moving force behind the constitutional violation in order to establish liability. … The statute in question was clearly subject to different interpretations by reasonable minds.

People of Michigan v. Thomas Adam Hulbert

Michigan Court of Appeals · Mar 18, 2021

R’s weak and qualified “assurance” that she would follow the law eliminates any possible prejudice. … I cannot agree with this proposition, as it basically immunizes attorneys who conduct a lackadaisical, semi-attentive, and otherwise ineffective voir dire.

Jason Maxey v. Botsford General Hospital

Michigan Court of Appeals · Feb 17, 2022

She did not clearly quantify how her specialties were distributed across her clinical practice and instruction. … Therefore, plaintiffs have not established any error entitling them to relief. See Johnson, 329 Mich App at 126. Affirmed.

Sell v. Mitchell Corp. of Owosso

241 Mich. App. 235 · Michigan Court of Appeals · Aug 29, 2000

Plaintiff is entitled only to compensation for a reduction in her earning capacity if she can establish that the reduction is causally linked to the work-related injury. … Here, however, the issue is whether a worker who qualifies for vocational retraining may still be entitled to wage-loss benefits during the period of rehabilitation, if her participation in a rehabilitation program precludes

Michigan Ambulatory Surgical Center v. Esurance Insurance Company

Michigan Court of Appeals · Feb 13, 2026

(ii) The applicant’s or named insured’s spouse and any relative of either who resides in the same household has qualified health coverage, as that term is defined in [MCL 500.3107d], is enrolled in Medicaid, … Given this, DIFS’s interpretation is clearly wrong because it adds a requirement to the statute that is not discernible from the statute’s text.

In Re Jgs Jr

Michigan Court of Appeals · Dec 11, 2025

At that hearing, as subsequently explained, petitioner presented evidence that established respondent was a “person requiring treatment” under MCL 330.1401. … ongoing medical refusal, clear and convincing evidence supported a finding that respondent will, intentionally or unintentionally, cause serious physical injury to himself or others in the near future and that respondent qualified

In Re brown/white Minors

Michigan Court of Appeals · Jun 16, 2022

Omar Rayes was qualified as an expert in forensic and anatomic and clinical pathology. Dr. Rayes conducted a postmortem examination of DB one day after her death. … And, because it cannot be established by clear and convincing evidence that respondent was, in fact, the parent that abused DB, the trial court also clearly erred by terminating respondent’s parental rights under MCL 712A

Markell Vanslembrouck v. Andrew Jay Halperin Md

Michigan Court of Appeals · Oct 28, 2014

Gabriel admitted that the cerebellar abnormality qualified as a genetic defect. … established a clear chain of custody.

Kurz v. Kurz

178 Mich. App. 284 · Michigan Court of Appeals · Mar 22, 1989

These concerns in part brought about the Qualified Domestic Relations Order (QDRO), which was originally established by the courts and later codified by the Retirement Equity Act of 1984, 26 USC 72, 401 et seq. … Here, the trial court, in awarding defendant fifty percent of the pensions, clearly did not intend to award a set amount.

Precise Mri of Michigan LLC v. State Auto Insurance Company

Michigan Court of Appeals · Jan 27, 2022

argument below was premised on (1) using MRIs as a means of diagnosis, by spinal analysis, to determine the existence of spinal subluxations or misalignments under MCL 333.16401(1)(b)(i) as of January 1, 2009; and (2) MRIs qualifying … Accordingly, we conclude that, under Skwierc, at least three of the four MRIs for which defendant refused to reimburse plaintiff are clearly included within the scope of chiropractic because they were limited to an analysis

In Re Owens Minors

Michigan Court of Appeals · Aug 4, 2022

Jones identified potential apartment buildings that respondent would qualify for. Jones further offered to contact the apartments on behalf of respondent, but respondent rejected Jones’ assistance. … Although respondent argued that she shared a bond with the children, the record clearly supports the finding that whatever bond existed was clearly outweighed by the children’s need for safety, permanency, and stability.

In Re L Slack Minor

Michigan Court of Appeals · Sep 5, 2024

It concluded that DHHS had established that termination was appropriate under MCL 712A.19b(3)(j). … Given the clear pervasiveness of mother’s substance abuse issues, the trial court did not clearly err by finding that subdivision (j) was established by clear and convincing, legally admissible evidence.

People of Michigan v. Damon Andrew Jackson

Michigan Court of Appeals · May 9, 2024

So clearly he could extricate himself from the home and in fact did so, but for whatever reason chose to return, and as Mr. … Lastly, noting defendant’s stellar prison record and the opinion of a qualified expert that defendant had put together decades of excellent behavior, the court concluded that evidence of defendant’s rehabilitation weighed

People of Michigan v. Markus Kentay Vary

Michigan Court of Appeals · Apr 23, 2020

AV was clearly unavailable according “to the ordinary meaning of the word.” Adams, 233 Mich App at 657-659 (emphasis omitted). … However, Vary has failed to establish that counsel was, indeed, absent from the readback, People v Elston, 462 Mich 751, 762; readback, and for similar reasons, we conclude that he has also not established prejudice with