Case law

Estate of Patricia Bacon v. Dept of Health and Human Services

Michigan Court of Appeals · Jun 1, 2017

This legislation empowered defendant to “establish and operate the Michigan medicaid estate recovery program to comply with” 42 USC 1396p. MCL 400.112g(1). … A finding is clearly erroneous when, on review of the whole record, this Court is left with the definite and firm conviction that a mistake has been made.”

Lisa a Cozza v. Anthony F Cozza

Michigan Court of Appeals · Dec 29, 2016

The evidence, however, clearly establishes that plaintiff did not interfere in any way. On remand, the trial court need not make factual findings regarding defendant’s exercise of his overnight parenting time. … Clearly, a “support order” can include both the “child support” payments and the “childcare expenses” discussed in the JOD.

Estate of Patricia Bacon v. Dept of Health and Human Services

Michigan Court of Appeals · Jun 1, 2017

This legislation empowered defendant to “establish and operate the Michigan medicaid estate recovery program to comply with” 42 USC 1396p. MCL 400.112g(1). … A finding is clearly erroneous when, on review of the whole record, this Court is left with the definite and firm conviction that a mistake has been made.”

O People of Michigan v. Robert Taylor

Michigan Court of Appeals · Mar 9, 2023

The trial court heard testimony from Kathleen Schaefer, a licensed professional counselor and associate professor qualified as an expert in parole and probation. … Daniel Keating, a professor of psychology, psychiatry, and pediatrics, who was qualified as an expert in cognitive brain development in adolescents.

People of Michigan v. Kevin Robert Smith

Michigan Court of Appeals · Mar 19, 2020

One almost a transection, which clearly could support—which clearly supports an allegation of sexual abuse. As well, she was sexually active. … What she is describing, there are events that she clearly remembers. (Emphasis added).

Total Foundations LLC v. Department of Treasury

Michigan Court of Appeals · Mar 22, 2016

Expert testimony established that power is generated at facilities owned by entities like DTE Energy at approximately 20,000 volts before going through transformers that step up the voltage to 200,000 to 300,000 volts. … Clearly, ITC qualified as an industrial processor under the UTA and the Supreme Court’s construction of the UTA in Detroit Edison, and the Department does not appear to dispute that matter.

People of Michigan v. Jeremiah James Moceri

Michigan Court of Appeals · Oct 15, 2024

The record establishes that defense counsel stipulated to consolidation. The record also establishes that the trial court did not add additional counts of third-degree and fourth-degree CSC. … In sum, defendant fails to establish his claims that the trial court erroneously assessed OVs 7, 10, 11, 13, and 19.

Paula Ali v. Zyieda Ali

Michigan Court of Appeals · Sep 14, 2017

“We review for clear error a trial court’s findings of fact regarding whether a particular asset qualifies as marital or separate property. … As indicated, that finding is not clearly erroneous.

Ladonna White v. Joshua White

Michigan Court of Appeals · Feb 25, 2026

“[A] trial court’s findings of fact regarding whether a particular asset qualifies as marital or separate property” are also reviewed for clear error. Woodington v Shokoohi, 288 Mich App 352, 357; 792 NW2d 63 (2010). … The trial court’s comments establish the court took the life insurance payments, and the overall division of the marital estate, into consideration when it determined if plaintiff was entitled to spousal support.

Norman Douglas Norwood Jr v. Mikael Jaquese Norwood

Michigan Court of Appeals · Jan 29, 2019

A trial court’s findings regarding the existence of an established custodial environment and regarding each custody factor should be affirmed unless the evidence clearly preponderates in the opposite … Although mother focuses on the November 2016 parenting-time order as the last custody order, we do not agree that the November 2016 order qualifies as such.

People of Michigan v. Brandon James Harbison

Michigan Court of Appeals · Jan 23, 2018

Simms never directly opined on the ultimate question in this case— i.e., whether the victim was abused by defendant—she merely stated a medical diagnosis based on established diagnostic criteria, all of which were explained … Viewed in context, the testimony did not clearly run afoul of Peterson’s admonishment that an expert may not vouch for the veracity of the victim or testify that the sexual abuse occurred or that the defendant is guilty.

in Re humphries/dixon Minors

Michigan Court of Appeals · Nov 13, 2018

Indeed, he did not even establish paternity of KKH until these proceedings. … And due to his inability to qualify for parole, KLH and KKH would be deprived of a home life with Humphries for more than two years into the future.

in Re Rhea Brody Living Trust

Michigan Court of Appeals · Jul 11, 2019

-6-  (vi) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right. … As explained, the proceedings here involve the administration of a trust and therefore qualify as proceedings under EPIC.

People of Michigan v. Brandon James Harbison

Michigan Court of Appeals · Jan 23, 2018

Simms never directly opined on the ultimate question in this case— i.e., whether the victim was abused by defendant—she merely stated a medical diagnosis based on established diagnostic criteria, all of which were explained … Viewed in context, the testimony did not clearly run afoul of Peterson’s admonishment that an expert may not vouch for the veracity of the victim or testify that the sexual abuse occurred or that the defendant is guilty.

Paula Ali v. Zyieda Ali

Michigan Court of Appeals · Sep 14, 2017

“We review for clear error a trial court’s findings of fact regarding whether a particular asset qualifies as marital or separate property. … As indicated, that finding is not clearly erroneous.

Mark Zyber v. Patsy Lou Buick Gmc Inc

Michigan Court of Appeals · Aug 15, 2019

To establish a prima facie case of discrimination, the plaintiff is required to present evidence that (1) he belongs to a protected class, (2) he suffered an adverse employment action, (3) he was qualified for the position … established right created by legislation.

Kieron Sweeney v. Visalus Inc

Michigan Court of Appeals · Dec 19, 2017

A power, privilege, or immunity secured to a person by law. . . . 4. … Sweeney’s assertion of his right as an independent contractor to file a lawsuit to assert rights under a private contract does not qualify as exercising a statutory right or duty.

Kieron Sweeney v. Visalus Inc

Michigan Court of Appeals · Dec 19, 2017

A power, privilege, or immunity secured to a person by law. . . . 4. … Sweeney’s assertion of his right as an independent contractor to file a lawsuit to assert rights under a private contract does not qualify as exercising a statutory right or duty.

People of Michigan v. Stephan Jaron Delaney

Michigan Court of Appeals · Nov 17, 2025

“A finding of fact is clearly erroneous if, after a review of the entire record, an appellate court is left with a definite and firm conviction that a mistake has been made.” … ’s suggestion that Ridenour received any incentive, immunity or otherwise, in exchange for her cooperation.

People of Michigan v. Eric Roshawn Smith

Michigan Court of Appeals · Dec 4, 2014

It clearly believed Littlejohn’s testimony as to the firearm, and, again, we “may not attempt to resolve credibility questions” on appeal. … The court must evaluate the fairness of an identification procedure in light of the totality of the circumstances to ascertain whether the procedure qualifies as so impermissibly suggestive that it gave rise to a very substantial