Case law

Nichole Rolfe v. Baker College

Michigan Court of Appeals · May 7, 2019

discharged from the program for violation of the behavior contract based on conduct that defendant characterized as “[d]isrupting the learning environment . . . by continuously arguing . . . about a personal belief regarding immunizations … Typically, an implied contract will not be found “when the subject matter clearly is governed by express contracts.” Landstar Express America, Inc v Nexteer Auto Corp, 319 Mich App 192, 201; 900 NW2d 650 (2017).

Tabitha Martin v. Covenant Medical Center Inc

Michigan Court of Appeals · Oct 9, 2024

The proponent of the expert’s opinion has the burden to establish its relevance and admissibility. Danhoff, ___ Mich at ___; slip op pp 11-12. … However, the trial court’s opinion clearly stated that this was not a determining factor in its decision. 6 As noted, the Michigan Rules of Evidence were substantially amended effective January 1, 2024.

20240125_C366906_39_366906.Opn.Pdf

Michigan Court of Appeals · Jan 25, 2024

“A motion under MCR 2.116(C)(8) may be granted only where the claims alleged are so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.” … To the contrary, our Supreme Court has long recognized that an office is occupied by an individual who is qualified “by the constitution or law” to “exercise the powers and perform the duties which appertain to it.”

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.

Cathy a Rose v. Fnma

Michigan Court of Appeals · Jul 23, 2015

Defendant moved for summary disposition pursuant to MCR 2.116(C)(10), arguing that plaintiff cannot establish a breach of any duty because plaintiff was a licensee and that even if she were an invitee, dismissal nonetheless … Clearly, a several inch tall step does not pose the same type of risk of injury that a 30-foot deep pit poses, and this type of risk is insufficient to qualify as an unreasonably dangerous hazard.

Robyn Keith v. Huntington National Bank

Michigan Court of Appeals · Jun 2, 2022

If a plaintiff can establish unlawful discrimination through direct evidence, the McDonnell Douglas 1 burden- shifting framework is inapplicable. … employment because of her age.2 Consequently, to set forth a prima facie case, “plaintiff was required to present evidence that (1) she belongs to a protected class, (2) she suffered an adverse employment action, (3) she was qualified

People of Michigan v. Shane Isaac Clendenin

Michigan Court of Appeals · Mar 12, 2026

The importance of this factual issue was clearly apparent during closing arguments. … Clearly Dr. Brown testifies for the prosecutor. Dr. Brown is an advocate for children and is very much biased in that direction.

People of Michigan v. Daniel Joseph Yuhasey

Michigan Court of Appeals · Dec 16, 2021

For such evidence to be admissible, it must be testified to by a qualified expert witness; police officers may be qualified as such experts. Id. at 53. … This was clearly a typographical mistake and did not compromise defendant’s response to the prosecutor’s motion.

People of Michigan v. Christian Andrew Gardner

Michigan Court of Appeals · Apr 29, 2021

; 926 NW2d 888 (2018), app held in abeyance ___ Mich ___; 943 NW2d 381 (2020), we noted in the context of dual convictions for assault with intent to do great bodily harm (AWIGBH) and felonious assault: “Clearly … Exculpatory evidence is defined as “[e]vidence tending to establish a criminal defendant’s innocence.” Black’s Law Dictionary (11th ed).

People of Michigan v. Savanna Allyse Frinkle

Michigan Court of Appeals · Aug 1, 2024

Mitchell v Mitchell, 296 Mich App 513, 523; 823 NW2d 153 (2012); see also Bracy v Gramley, 520 US 899, 904-905; 117 S Ct 1793; 138 L Ed 2d 97 (1997) (“[T]he floor established by the Due Process Clause clearly requires a ‘ … Not only did the trial court take the opportunity to disparage Frinkle’s expert by describing him as marginally qualified.

David M Sunderlik v. Thomas E Barbieri Md

Michigan Court of Appeals · Mar 21, 2019

of those deficiencies and not because of deficiencies in establishing a genuine issue of material fact for trial. … Testimony established that the type of infection plaintiff incurred sometimes occurs in the absence of negligence.

In Re M Henry Minor

Michigan Court of Appeals · May 12, 2022

We review for clear error a circuit court’s factual finding that a statutory termination ground has been established. In re Rood, 483 Mich 73, 90-91; 763 NW2d 587 (2009). … And a qualified expert who testified on behalf of the Sault Ste. Marie Tribe opined that active efforts had been made.

Sheila Ann Rokosz v. Derek Joseph Labean

Michigan Court of Appeals · Aug 19, 2021

Thus, the parties clearly dispute the nature and extent of injuries suffered by plaintiff due to the actions of defendant driver. … And the “constant floaters” reported by plaintiff qualifies as an impairment, i.e., the state of functioning poorly or inadequately. Patrick, 322 Mich App at 606-607.

Michigan Open Carry Inc v. Grand Rapids-Kent Cnty Convention Arena

Michigan Court of Appeals · Nov 27, 2018

DeVos Performance Hall is fully contained within DeVos Place, and there is no factual dispute that DeVos Performance Hall was built for performances that qualify as entertainment. … The CAA is not a city, village, township, or county, but it was established jointly by a city and a county.

People of Michigan v. William Karl Arand

Michigan Court of Appeals · Jul 15, 2021

To qualify as a plain error, the error must be “clear or obvious.” People v Carines, 460 Mich 750, 763; 597 NW2d 130 (1999). … As we stated in Davis: Clearly, these two offenses are mutually exclusive from a legislative standpoint.

Leonard Wilson v. Meijer Great Lakes Limited Partnership

Michigan Court of Appeals · Jul 1, 2021

Good cause exists when the circumstance which prompted the claimant’s leaving would have caused a reasonable, average and otherwise qualified employee to leave. … Clearly, one who has lost a job due to negligence has not done so in what could be described as a truly “voluntary” manner.

People v. Tucker

312 Mich. App. 645 · Michigan Court of Appeals · Oct 15, 2015

The Supreme Court of Iowa, addressing a statute prohibiting sex offenders from living within 2,000 feet of a school, recognized that such a provision “clearly impose[s] a form of disability.” … Weighing these factors, we are mindful that the burden lies with defendant to establish that school safety zones are punitive.

People of Michigan v. Matthew Lee Robinson

Michigan Court of Appeals · Jul 30, 2019

Eller also “said there were other crimes that he and Grantham were involved in but he would not talk about those unless he was granted immunity.” … “A mere difference in judicial opinion does not establish an abuse of discretion.” Id. B.

People of Michigan v. Sammie Lamont Davis

Michigan Court of Appeals · May 15, 2026

At worst, the prosecutor’s cross-examination revealed that defendant actually gambled at the casino, but this was clearly implied by defendant’s own testimony on direct examination. … If no errors have been established, then “there can be no cumulative effect of errors meriting reversal.” Id. As discussed, defendant has failed to establish any errors.

People v. Sabin

236 Mich. App. 1 · Michigan Court of Appeals · Oct 1, 1999

In Hoffman , we affirmed a ruling of the trial court that admitted other-acts evidence for the purpose of establishing the defendant's motive to commit the crime. … proffered evidence will serve, that is, the basis for its relevancy, that will dictate its requisite character. * * * * * * "Relevant evidence under Rule 404(b) should, therefore, not always be excluded because it does not qualify