Case law

Joseph Wier v. Allstate Insurance Company

Michigan Court of Appeals · Mar 13, 2018

Wier clearly 33 Robins (On Remand), 276 Mich App at 362-363. 34 Wier was involved in three or four accidents after 1996. … Hanks clearly stated that she was unable to rely on the results of Wier’s personality testing, and fully explained the reason she reached that conclusion.

G & H Customs LLC v. Kera Carter

Michigan Court of Appeals · Nov 26, 2019

MCL 339.2412(1) provides: A person or qualifying officer for a corporation or member of a . . . residential maintenance and alteration contractor shall not bring or maintain an action in a court of this … “Rather than establishing an affirmative defense . . . [MCL 339.2412(1)]6 appears to set prerequisites for recovery.” Id.

Carol a McBratnie v. Ditech Financial LLC

Michigan Court of Appeals · Feb 14, 2019

qualified written requests relating to in-process loan modifications and with respect to Defendant’s alleged misrepresentations about the time it will take to review short sale requests.” … On October 16, 2012, prior loan servicer CitiMortgage, Inc. did revoke the escrow waiver, and established an escrow account due to plaintiff’s failure to pay delinquent taxes owed to Oakland County and the City of Berkley

Valencia White v. Badrul Haque

Michigan Court of Appeals · May 17, 2018

“A moving party must present actual proof of prejudice on the part of that juror or establish that the moving party would have challenged for cause or otherwise dismissed the juror in question had the truth been revealed … “A person sitting on a jury panel is presumed to be qualified and competent to serve, and the burden is on the challenging party to make out a prima facie case to the contrary.” Id.

20241230_C367213_51_367213.Opn.Pdf

Michigan Court of Appeals · Dec 30, 2024

Eversole, ___ Mich App at ___; slip op at 7, citing McMiddleton v Bolling, 267 Mich App 667, 673; 705 NW2d 720 (2005) (MCL 600.5852 “ ‘clearly allows an action to be brought within two years after letters of authority are … Under MCL 700.3103 (emphasis added), “to acquire the powers and undertake the duties and liabilities of a decedent’s personal representative, a person must be appointed by the register or by court order, must qualify, and

Jerry Reighard V Espn Inc

Michigan Court of Appeals · May 12, 2022

It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly … This Court’s pronouncement that the First Amendment requires public figures to establish actual malice bears “no relation to the text, history, or structure of the Constitution.” . . .

20250116_C363151_52_363151.Opn_Order.Pdf

Michigan Court of Appeals · Jan 16, 2025

Even if he could establish that counsel was deficient for failing to move to suppress the warrantless search, he cannot establish that it would have affected the outcome. III. … He also vaguely opined that the quantity of drugs Hines had was not indicative of personal use.5 Parts of Commander Lindsey’s testimony was more clearly inadmissible.

People of Michigan v. Brent Ohmill Brown Jr

Michigan Court of Appeals · Jun 16, 2022

As a result, the messages are clearly a duplicate. See MRE 1001(4). … First, during his cross examination of Holloway’s cousin, Brown’s lawyer asked if Holloway’s cousin had been given immunity.

In Re Parole of Kenneth Donald Siders

Michigan Court of Appeals · Sep 15, 2022

As part of the parole evaluation process, defendant underwent a Qualified Mental Health Professional Evaluation (QMHP), a Static-99R evaluation, and a Stable-2007 evaluation. … The Parole Board clearly abused its discretion by granting defendant parole. The circuit court, therefore, did not err by reversing the Parole Board’s decision.

in Re G Grabowski Minor

Michigan Court of Appeals · Aug 16, 2018

Therefore, respondent has failed to establish plain error. III. … “A decision qualifies as clearly erroneous when, ‘although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.’ ” Id., quoting

Joseph Wier v. Allstate Insurance Company

Michigan Court of Appeals · Mar 13, 2018

Wier clearly 33 Robins (On Remand), 276 Mich App at 362-363. 34 Wier was involved in three or four accidents after 1996. … Hanks clearly stated that she was unable to rely on the results of Wier’s personality testing, and fully explained the reason she reached that conclusion.

in Re C E R Levesque Jr Minor

Michigan Court of Appeals · Oct 23, 2018

“‘A finding is clearly erroneous if, although there is evidence to support it, we are left with a definite and firm conviction that a mistake has been made.’” … The trial court also did not clearly err in finding that statutory grounds existed pursuant to MCL 712A.19b(3)(c)(i) regarding respondent father.

Marcus Griffey v. Ionia County Community Mental Health

Michigan Court of Appeals · Jun 22, 2023

Dozeman and the inpatient team hasn’t been seeing any aggressive behaviors or KC needing PRN agitation medications: in other words behaviors that would qualify him for immediate admission to KPH from the … [Griffey] clearly is documenting and advocating his support of KC[’s] admission to KPH.

People of Michigan v. Randall Lee Newman II

Michigan Court of Appeals · Oct 24, 2024

The circuit court did not clearly err by finding that the prosecutor provided the videos of the forensic interviews. … Accordingly, the circuit court did not clearly err by concluding that the prosecutor had not suppressed evidence. C.

Male v. Grand Rapids Education Ass'n

98 Mich. App. 742 · Michigan Court of Appeals · Jul 22, 1980

We also find that plaintiff will adequately represent the class, as there is no indication that plaintiff will not continue to pursue vigorously the rights of the class through qualified counsel. *753 The requirement that … of the important contribution of the union shop to the system of labor relations established by Congress.

People of Michigan v. Ladarius Edward Welch

Michigan Court of Appeals · Nov 14, 2017

Cannon received immunity in exchange for his testimony. … 346-347; 524 NW2d 682 (1994), our Supreme Court stated: Severance is mandated under MCR 6.121(C) only when a defendant provides the court with a supporting affidavit, or makes an offer of proof, that clearly

Nancy Gucwa v. Accident Fund Insurance Company of America

Michigan Court of Appeals · Nov 9, 2021

Rather, because federal courts employ the state law in which they sit for determining res judicata, defendant argued plaintiff’s IIED claims are clearly barred. … Rather, defendant’s prior payment of benefits indicates defendant’s willingness to comply with its worker’s compensation obligations where plaintiff and Marusza qualify for such benefits.

People of Michigan v. Aaron Dion Franklin

Michigan Court of Appeals · Feb 4, 2021

Indeed, when defense counsel presented the question a second time, Jackson began his response with a qualifier, “[n]o, not to come over to pick up [JF]. I haven’t received any information.” … He testified that he ran away because he panicked or he was, you know he said he, he panicked, but clearly if he thought Mr.

Silver Capital Group LLC v. Melvin Underwood

Michigan Court of Appeals · Mar 17, 2022

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. at 160 (citations omitted). … If the plaintiff establishes a prima facie case of title, the burden shifts to the defendants to prove “superior right or title in themselves.”

William Wentworth Jr v. William Wentworth Sr

Michigan Court of Appeals · Oct 17, 2017

until the director’s successor is elected and qualified, or until the director’s resignation or removal. … While defendant clearly had a personal motivation for cancelling the sub-management agreement, there is no evidence that the action injured the corporation.