Case law

Guinan v. Truscott

167 Mich. App. 520 · Michigan Court of Appeals · Apr 4, 1988

The court must accept as true all well-pled facts and determine whether the claim is so clearly unenforceable as a matter of law that no factual development can possibly justify a recovery. … However, notwithstanding whether the "act” of omission may be actionable, this does not obviate the need to establish intent on the part of defendants.

Phinney v. Perlmutter

222 Mich. App. 513 · Michigan Court of Appeals · Jun 16, 1997

Nor do the facts that Perlmutter presented clearly establish an inference that juror prejudice occurred. The trial court did not abuse its discretion in denying Perlmutter’s motion for a new trial. … DOCKET NO. 176940 xxvm Plaintiff argues that the trial court clearly erred in finding that plaintiff had failed to establish that defendant board of regents violated the wpa. We disagree.

Borg-Warner Acceptance Corp. v. Department of State

169 Mich. App. 587 · Michigan Court of Appeals · Mar 30, 1988

Defendant neglects to point out, however, that where a plaintiff specifically pleads and establishes a nontort cause of action, governmental immunity will not bar recovery simply because the underlying facts also could have … established a tort cause of action.

Harrison v. Munson Healthcare, Inc.

304 Mich. App. 1 · Michigan Court of Appeals · Jan 30, 2014

The statute does not grant an immunity to information otherwise available from original sources. … Judge Rodgers correctly concluded that this portion of the incident report qualified as confidential.

Rouch v. Enquirer & News of Battle Creek

137 Mich. App. 39 · Michigan Court of Appeals · Sep 4, 1984

Clearly, under the Restatement view, the defendants in Fox were entitled to claim a qualified privilege since the matters reported concerned the public interests in the prevention of crime, apprehension of criminals, and … Again, under the Restatement approach, the newspaper defendant enjoyed a qualified privilege to report on a matter which, if true, clearly threatened the recognized societal interest in ensuring equal justice of the law to

McDonald Ford Sales, Inc. v. Ford Motor Co.

165 Mich. App. 321 · Michigan Court of Appeals · Dec 21, 1987

(e) Whether the establishment or relocation of the new motor vehicle dealer would promote competition. … This finding was clearly supported by the evidence which indicated that Holzer Ford would be relocated to a modern facility at a new permanent location.

Raudabaugh v. Baley

133 Mich. App. 242 · Michigan Court of Appeals · Sep 8, 1983

While a complaining witness is immune from liability for false arrest where a valid complaint was issued, 2 this immunity does not extend to instances where the complaining witness does not act reasonably: for example, when … The trial court’s finding that plaintiffs’ vehicle was improperly seized and detained was neither clearly erroneous nor against the great weight of the evidence.

Kent v. Alpine Valley Ski Area, Inc

240 Mich. App. 731 · Michigan Court of Appeals · Jul 11, 2000

In affirming the trial court’s grant of summary disposition to the defendant, this Court found that “the language of the statute itself establishes that [the] plaintiff’s injury comes within the immunity provisions [of MCL … First, as with McCormick, supra, the language of the statute itself establishes that plaintiff’s injury comes within the immunity provisions.

Benson v. Department of Management & Budget

168 Mich. App. 302 · Michigan Court of Appeals · May 2, 1988

Although plaintiff paid a fee for the privilege of parking there, this by itself cannot establish an express contract since it offers no clues as to the terms of the contract. … Clearly, parking at the Cass reserved lot was incident to the employment relationship. Plaintiff cannot avoid the exclusive remedy provision under the dual-capacity doctrine.

Federal Deposit Insurance v. Bergan

210 Mich. App. 698 · Michigan Court of Appeals · May 19, 1995

Under the doctrine of sovereign immunity, the United States and its agencies are immune from suit except to the extent that such immunity has been waived. … The immunity of the fdic is reinforced by federal common law.

Beth Bauer v. County of Saginaw

Michigan Court of Appeals · Apr 16, 2020

The legislative purpose clearly expressed in the Political Freedom Act is to safeguard the rights of people like Beth Bauer to engage in political activity without fear or losing their jobs. … It qualifies as reform legislation intended to remedy a problem the Legislature evidently perceived. See Council No 11, 408 Mich 385 (providing a more in-depth discussion of the act).

Morse v. City of Mount Pleasant

160 Mich. App. 741 · Michigan Court of Appeals · Jun 15, 1987

Thus, no immunity is provided under Ross . … Michigan law clearly requires that the word "shall” be interpreted in its mandatory sense.

People of Michigan v. Todd Anthony Courser

326 Mich. App. 298 · Michigan Court of Appeals · Oct 23, 2018

The federal district court rejected that argument, primarily because the questions “quite clearly are directed to development of information concerning activities occurring outside, and away from, the House, and which are … “In the grand jury proceeding, the [government] sought to establish, by questioning Swindall, that because of his memberships on the House Banking and Judiciary Committees, Swindall had knowledge of the money-laundering and

Goodridge v. Ypsilanti Township Board

209 Mich. App. 344 · Michigan Court of Appeals · Mar 20, 1995

Furthermore, the result in this case was not clearly foreshadowed because it was three times decided in a contrary fashion. … On the basis of the foregoing, petitioner is entitled to reinstatement, if otherwise qualified, as of the date of this opinion, but not to back pay.

Tiger Stadium Fan Club, Inc v. Governor

217 Mich. App. 439 · Michigan Court of Appeals · Sep 4, 1996

We reject the argument that the centers contemplated by §7(q) are only those established in chapters 3 through 8, and that no others may be created. … Should a state determine not to assert its sovereign immunity, the case may proceed.

Sekulov v. City of Warren

251 Mich. App. 333 · Michigan Court of Appeals · Aug 23, 2002

In determining whether the general rule of retroactive application applies to Nawrocki , it is necessary to address the threshold question whether the Nawrocki decision clearly established a new principle of law. … Clearly, Pick was not settled precedent. Accordingly, because Nawrocki does not satisfy this threshold criterion, Nawrocki has retroactive application.

Squires v. General Motors Corp.

170 Mich. App. 395 · Michigan Court of Appeals · Aug 1, 1988

The trial judge here concluded: Assuming that there was an agreement between gm and Checker and that gm would help Checker establish the merry-go-round system and establish the method of producing these parts, [and] I’m not … The motion should be granted only where the claim is so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recovery.

Peterfish v. Frantz

168 Mich. App. 43 · Michigan Court of Appeals · Apr 18, 1988

Once the plaintiff has met his burden of establishing the existence of these common-law elements, the defendant brings forth his defense of truth or privilege. … Defendant’s communication in this instance is thus protected by a qualified immunity that may be overcome only by a showing of actual malice. See Swenson-Davis, supra.

John Does 11-18 v. Department of Corrections

Michigan Court of Appeals · Mar 27, 2018

Hamed clearly holds that plaintiffs cannot avoid the GTLA by simply alleging a violation of the ELCRA. … Article 3 of the ELCRA only applies to establishments that are “open to the public[.]” See MCL 37.2303.

Daniel Francis McGuire v. Highland Township

Michigan Court of Appeals · Dec 12, 2019

was clearly established at the time of the alleged misconduct. … was clearly established at the time of the alleged misconduct