Case law

Prismatic Foundation v. Eliot Street LLC

Michigan Court of Appeals · Sep 28, 2023

The use of another’s property qualifies as adverse if made under a claim of right when no right exists. Id. … Turning to the instant matter, for reasons already explained, the Development Agreement is not an express easement because it does not clearly manifest an intent to create a servitude with respect to parking.

Doa Doa Inc v. Primeone Insurance Company

Michigan Court of Appeals · May 12, 2022

Thus, defendant met its burden to establish that DDI engaged in actionable fraud. Id.; [Lowrey v LMPS & LMPJ, Inc, 500 Mich 1, 7; 890 NW2d 344 (2016)]. … A finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that the trial court made a mistake. Id.

People of Michigan v. Omar Lateef Lathon-Bey

Michigan Court of Appeals · Feb 11, 2021

A defendant has a qualified right of self-representation but the trial court should exercise discretion. Anderson, 398 Mich at 367, quoting People v Henley, 382 Mich 143, 148-149; 169 NW2d 299 (1969). … A defendant’s presence alone is not “sufficient to establish possession; rather, an additional connection between the defendant and the controlled substance must be established.”

People of Michigan v. James Donald Vancallis

Michigan Court of Appeals · Jan 9, 2018

Because there was a lot of publicity about the case, a tip line was established to receive tips from the general public. … Eyewitness testimony was clearly the focus for everyone concerned.

People of Michigan v. James Donald Vancallis

Michigan Court of Appeals · Jan 9, 2018

Because there was a lot of publicity about the case, a tip line was established to receive tips from the general public. … Eyewitness testimony was clearly the focus for everyone concerned.

People of Michigan v. Tunc Uraz

Michigan Court of Appeals · Jan 19, 2023

He asserts that the court admitted evidence of this incident based on defendant’s testimony during a pretrial entrapment hearing and that this amounted to a violation of the qualified privilege a defendant is allowed when … Defendant has not established a Brady violation.

Michigan Dept of Transportation v. Panacea Redevelopment Corp

Michigan Court of Appeals · Sep 22, 2015

rule states: If the court determines that scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Expert testimony may be excluded when based on assumptions that do not comport with the established facts. Badalamenti v William Beaumont Hosp-Troy, 237 Mich App 278, 286; 602 NW2d 854 (1999).

J G Wentworth Ssc Lp v. Anthony Morris

Michigan Court of Appeals · Feb 22, 2018

It is thus at least cognizable that Extended’s contacts with Michigan would be sufficient to establish limited personal jurisdiction. See MCL 600.725. … The $60,000 payment at issue in this case qualifies as a “periodic payment” under MCL 691.1302(j).

Michigan Afscme Council 25 v. County of Wayne

Michigan Court of Appeals · Apr 21, 2022

Additionally, it is well-established that “a court may refuse to enforce an arbitrator’s decision when it is contrary to public policy.” … Section 141-42(a) provided that “[t]he retirement system is intended and has been administered to be a qualified pension plan under 401 of the Internal Revenue Code, as amended . . . .”

People of Michigan v. Todd Allen Agar

Michigan Court of Appeals · May 8, 2025

Defendant’s unsupported and vague assertions of prejudice are insufficient to demonstrate that the trial court’s findings were clearly erroneous. Id. at 679. … Thus, contrary to defendant’s claim, this documentation would not establish an “alibi.”

Harbans Kaur v. Citizens Insurance Company of the Midwest

Michigan Court of Appeals · Dec 18, 2025

Workman did not, however, establish that interpretation as an absolute rule. … It was not unreasonable for Citizens to decide that plaintiff’s domicile was in Michigan, where she had been living with a permanent residency visa long enough to qualify for Medicare.

Roger Groman v. Nolan's Auction Service LLC

Michigan Court of Appeals · May 8, 2018

“A plaintiff bears the burden of establishing jurisdiction over a defendant; however, the plaintiff need only make a prima facie showing of jurisdiction to defeat a motion for summary disposition.” … “A party cannot escape the requirements of full faith and credit and res judicata by asserting its own failure to raise matters clearly within the scope of a prior proceeding.”

Roger Groman v. Nolan's Auction Service LLC

Michigan Court of Appeals · May 8, 2018

“A plaintiff bears the burden of establishing jurisdiction over a defendant; however, the plaintiff need only make a prima facie showing of jurisdiction to defeat a motion for summary disposition.” … “A party cannot escape the requirements of full faith and credit and res judicata by asserting its own failure to raise matters clearly within the scope of a prior proceeding.”

Kyle Oostdyk v. Auto Owners Insurance Company

Michigan Court of Appeals · Dec 30, 2014

It is well-established that the trial court may not determine findings of fact or weigh credibility in deciding a motion for summary disposition. Oade, 465 Mich at 265. … Because Kyle was entitled to PIP benefits, he was “expressly precluded from qualifying as a medically indigent individual eligible for medical assistance under the state Medicaid program.”

People of Michigan v. Boston Jermaine Tompkins

Michigan Court of Appeals · Mar 15, 2016

The fact that Carroll was not a conspirator is irrelevant, because the statement need not have been made to another conspirator in order to qualify for admission. See id. … At the beginning of the hearing, defense counsel clearly and unequivocally refuted Passmore’s version of events by painting Passmore as the leader of the conspiracy instead of defendant.

J G Wentworth Ssc Lp v. Anthony Morris

Michigan Court of Appeals · Feb 22, 2018

It is thus at least cognizable that Extended’s contacts with Michigan would be sufficient to establish limited personal jurisdiction. See MCL 600.725. … The $60,000 payment at issue in this case qualifies as a “periodic payment” under MCL 691.1302(j).

People of Michigan v. George Gerald Rider

Michigan Court of Appeals · Aug 18, 2022

Tracking dog evidence is admissible if the evidence establishes these requirements: (1) the handler was qualified to use the dog; (2) the dog was trained and accurate in tracking humans; (3) the dog was placed … In this case, he did not re-establish the track any further.

People of Michigan v. Victoria Joan Foster

Michigan Court of Appeals · Jun 29, 2017

Clearly, death is an element of involuntary manslaughter. … The lack of adequate nourishment prevented Immanuel’s immune system from responding to an infection, which progressed to pneumonia, and eventually, sepsis.

People of Michigan v. Victoria Joan Foster

Michigan Court of Appeals · Jun 29, 2017

Clearly, death is an element of involuntary manslaughter. … The lack of adequate nourishment prevented Immanuel’s immune system from responding to an infection, which progressed to pneumonia, and eventually, sepsis.

Maple Manor Rehabilitation Center LLC v. Evanston Insurance Co

Michigan Court of Appeals · Apr 27, 2023

to Maple Manor contained language requiring that claims be made during the policy period, and reported to defendant “as soon as practicable,” including “immediately” forwarding to Evanston any legal process in order to qualify … Clearly, then, Maple Manor made a conscious, deliberate decision not to inform defendant of the Irvine lawsuit until June 7, 2019.