Case law

Ron Vanalstine v. Diversified Farms LLC

Michigan Court of Appeals · Apr 29, 2021

Notwithstanding admitted speculation that Samp might have been paid by both Purina and defendant, which their testimony regarding other manufacturers’ nutritionists strongly undermines, plaintiffs clearly understood defendant … Here, plaintiffs contend that the description of the goods on the label that was printed on the dairy-protein supplement qualified as an express warranty.

in Re Parole of Steven J Strutz

Michigan Court of Appeals · Feb 9, 2016

Because the prosecution did not meet its burden of establishing that the Board clearly abused its discretion when it granted parole to Strutz, and because the circuit court invaded the Board’s authority and substituted its … The court’s analysis began by concluding that the CSR and COMPAS assessment’s indications that Strutz was categorized as a “low” risk for recidivism and violence were “clearly contrary to known and established facts.”

People of Michigan v. Michael Frank Foy

Michigan Court of Appeals · Jun 11, 2020

This clearly violates the holding outlined in Thorpe. … Because no errors have been established, reversal is not warranted on the basis of cumulative error.

People of Michigan v. Corey Holmes

Michigan Court of Appeals · Aug 18, 2025

To establish felony-firearm, the prosecution must establish that the defendant possessed a firearm during the commission of a felony, or the attempted commission of a felony. … Do you have any other questions regarding whether he is qualified to testify in this trial as an expert?

David Sanders v. Shawn Spohn

Michigan Court of Appeals · Oct 30, 2018

The court did not clearly err in resolving this legal question. … As the finder of preliminary facts relevant to legal determinations, the trial court’s view prevails unless it is clearly erroneous. It is not.

20250211_C363718_72_363718.Opn.Pdf

Michigan Court of Appeals · Feb 11, 2025

In his statement, Richards expressed his belief that the position for which plaintiff was hired did not encompass responsibilities adequate to qualify him as a “first deputy.” … However, established jurisprudence from this Court clearly indicates that this preliminary issue should be determined directly by the court, without granting the same level of deference to the public body’s decision that

People of Michigan v. Ronald Anthony Dimambro Jr

Michigan Court of Appeals · Sep 29, 2022

Angelilli qualified to testify as an expert in general pediatrics and child-abuse pediatrics. Dr. … “A finding is clearly erroneous if this Court is left with a definite and firm conviction that the trial court made a mistake.” People v Kimble, 252 Mich App 269, 272; 651 NW2d 798 (2002).

Amy Reece Bolz v. John R Bolz

Michigan Court of Appeals · Oct 13, 2015

She asserts that the trial court erred by qualifying her legal custody of the children as “temporary” and that, because she has sole legal custody, she may change the children’s domicile without the trial court’s consideration … In sum, given the plain award of sole legal and physical custody to plaintiff in the parties’ judgment of divorce, the parties clearly did not share joint custody and there is no legal basis to support the trial court’s conclusion

Phil Forner v. Tallmadge Charter Township

Michigan Court of Appeals · Jan 7, 2021

It did not, however, establish that cost-effectiveness should be considered on a case-by-case basis. See id. … (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

Ypsilanti Fire Marshal v. Kircher

273 Mich. App. 496 · Michigan Court of Appeals · Mar 30, 2007

Moreover, Barnes argued that he was entitled to governmental immunity on Kircher’s counterclaim because he had been acting at all relevant times as an agent of the city of Ypsilanti. … Barnes had served as Ypsilanti’s exclusive contractor at that property, and was clearly aware of the apartment building’s physical condition.

Trillium Cyber Inc v. Canbushack Inc

Michigan Court of Appeals · Apr 23, 2020

This mutuality requirement is satisfied where a waiver or modification is established through clear and convincing evidence of a written agreement, oral agreement, or affirmative conduct establishing mutual … The Asset Purchase Agreement clearly and unambiguously specifies a payment amount of $22,000, and does not contain any provision allowing for any setoffs or other adjustments to that amount.

People of Michigan v. Jason Douglas Nelson

Michigan Court of Appeals · Apr 23, 2019

Further, under MCL 600.1337, if the trial court finds that a potential juror is not qualified, the court must discharge that person from jury service. … The trial court did not clearly err in finding that defendant failed to carry his burden. Therefore, the trial court did not abuse its discretion by denying defendant’s motion for a new trial.

Yvette Jones v. Jeffrey Jones

Michigan Court of Appeals · Dec 22, 2022

* * * The 401(k) shall be equally divided by a Qualified Domestic Relations Order. … The record reflects that plaintiff established that defendant failed to comply with the terms in the consent judgment of divorce.

Scot Swan v. Sherriff-Goslin Co

Michigan Court of Appeals · Jan 23, 2020

The trial court reasoned that plaintiff did not qualify for continued payment of the 1% MTP because he did not retire but rather was discharged. … The handbook clearly sets out SG’s policy of at-will employment.

in Re Parole of Richard McBrayer

Michigan Court of Appeals · Aug 29, 2019

According to the May 1, 2018 Qualified Mental Health Professional Evaluation (QMHPE), which was based on an interview of McBrayer held on April 26, 2018, McBrayer continued to deny that he had engaged in anal sex with the … It is true that the circuit court did not quote or address every individual aspect of the QMHPE, but the Board cites no authority establishing that the circuit court was required to do so.

People of Michigan v. Sir Michael London

Michigan Court of Appeals · Feb 15, 2018

Defendant fails to cite any case law in support of his argument, and he clearly misunderstands his role in this case. … Moreover, although she was not qualified as an expert, the victim testified to her decades of experience buying, selling, and studying antiques.

People of Michigan v. Sir Michael London

Michigan Court of Appeals · Feb 15, 2018

Defendant fails to cite any case law in support of his argument, and he clearly misunderstands his role in this case. … Moreover, although she was not qualified as an expert, the victim testified to her decades of experience buying, selling, and studying antiques.

20241218_C358231_110_358231.Opn.Pdf

Michigan Court of Appeals · Dec 18, 2024

Instead, the victim spoke clearly and coherently, and her account was consistent with the medical findings. Dr. … But, as already explained, defendant offers nothing to establish that this juror actually knew Morris.

Regency at Shelby Township v. Kathleen Naeyaert

Michigan Court of Appeals · Oct 9, 2024

Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. … Although the best formal notice is a writing, notice may be sufficiently direct to qualify as formal without being put into writing.

People of Michigan v. Troy Desean Johnson

Michigan Court of Appeals · Oct 16, 2018

TR testified pursuant to a grant of immunity. … Because the trial court did not clearly err in finding that the prosecution’s failure to properly redact the video was inadvertent, id. at 258, Johnson has failed to establish plain error with respect to his double-jeopardy