Case law

Mallory v. Conida Warehouses, Inc.

113 Mich. App. 280 · Michigan Court of Appeals · Feb 17, 1982

Long-arm jurisdiction over nonresident tortfeasors is established in Michigan under four statutes. … While it is true that in Sifers v Horen, 385 Mich 195 ; 188 NW2d 623 (1971), the Court did indicate that the Legislature intended full expansion of long-arm jurisdiction, Sifers was a case that clearly involved an individual

Promote the Vote v. Secretary of State

Michigan Court of Appeals · Jul 20, 2020

-4- First, the Secretary of State’s interpretation is clearly reasonable. … Although the Secretary of State does not legally speak on behalf of Michigan, its guidance is clearly widely relied upon and familiar to essentially everyone, and it is consistent with the case law establishing the meaning

Lockaby v. Wayne County

63 Mich. App. 185 · Michigan Court of Appeals · Aug 12, 1975

On appeal, plaintiff argues that his complaint stated a cause of action coming within the public buildings exception of the statutory provisions establishing governmental immunity, MCLA 691.1406; MSA 3.996(106), and that … Lastly, while conceding that the question has been decided by this Court, plaintiff contends that the statute establishing governmental immunity, MCLA 691.1407; MSA 3.996(107) is unconstitutional.

In re Bibi Guardianship

315 Mich. App. 323 · Michigan Court of Appeals · May 3, 2016

Therefore, despite the fact that the Canadian consent judgment established a temporary placement for the wards, it nevertheless qualifies as a “child-custody determination” regarding “physical custody” under the UCCJEA. * … In the circuit court, Wallace argued that Bibi had not established grounds for revisiting an established custody order. The circuit court agreed.

Jones v. Powell

227 Mich. App. 662 · Michigan Court of Appeals · Sep 10, 1998

To the contrary, it is clear that the Court’s focus in these decisions was on the proofs required to establish that a constitutional tort was committed. In Johnson, supra, this Court extended Smith still further. … In light of other available remedies against nonstate entities, a Smith-based constitutional tort claim clearly is not “appropriate” where a municipality, or an individual municipal employee, is the alleged wrongdoer.

Johnston v. City of Livonia

177 Mich. App. 200 · Michigan Court of Appeals · May 15, 1989

The tribunal is well qualified to resolve disputes concerning those matters the Legislature has placed within its jurisdiction. Romulus City Treasurer v Wayne Co Drain Comm’r, 413 Mich 728, 737 ; 322 NW2d 152 (1982). … Plaintiff contends that defendants’ actions have deprived her of her rights, privileges, and immunities granted by the federal and state constitutions and the laws of this state.

Mann v. St Clair County Road Commission

254 Mich. App. 86 · Michigan Court of Appeals · Feb 20, 2003

language of Klinke v Mitsubishi Motors Corp, 458 Mich 582 ; 581 NW2d 272 (1998), and principles governing analysis of issues under the Title-Object Clause, Const 1963, art 4, § 24, any comparative negligence of plaintiffs, if established … Even if construction were required, the Legislature clearly intended such a result regardless of the fact that the potentially hable road commission was not operating a motor vehicle at the time of the accident.

Strzelecki v. Blaser’s Lakeside Industries of Rice Lake, Inc

133 Mich. App. 191 · Michigan Court of Appeals · Mar 22, 1984

Clearly, replacement cost alone, without any deduction for depreciation, is not sufficient evidence of market value at the time of the loss. … A witness may be qualified to testify as an expert based on his or her knowledge, skill, experience, training, or education. MRE 702.

BROWNLOW v. McCALL ENTERPRISES, INC

315 Mich. App. 103 · Michigan Court of Appeals · Apr 19, 2016

Specifically, this Court concluded that plaintiffs did not need to establish the precise amount of ozone that was released into their house in order to establish that the ozone caused the damage. Id. at 5. … As this Court previously ruled, however, plaintiffs do not need to establish the precise amount of ozone that was released into the house to establish the casual link between the ozone and the alleged damages.

DAVID WALCOTT KENDALL MEMORAIL SCHOOL v. City of Grand Rapids

11 Mich. App. 231 · Michigan Court of Appeals · Apr 25, 1968

Veterans’ benefits are provided to qualified students by the Federal government. Draft deferments are given to qualified students. *234 3. … The standard there established was derived from the case of Detroit Home & Day School v.

Michigan Civil Rights Initiative v. Board of State Canvassers

268 Mich. App. 506 · Michigan Court of Appeals · Jan 6, 2006

LEGAL ANALYSIS This Court clearly has jurisdiction to review the complaint for mandamus filed by MCRI. … Such an investigation is clearly beyond the scope of the board’s authority set *520 forth under MCL 168.476(1).

Brand v. Hartman

122 Mich. App. 326 · Michigan Court of Appeals · Jan 10, 1983

judgment pursuant to GCR 1963, 117.2(1) at issue in this interlocutory appeal by defendant City of Detroit should only have been granted if, accepting as true all wellpled facts in plaintiffs complaint, plaintiffs claim was so clearly … on the theory that no factual development could possibly establish governmental immunity as a defense.

People v. Mitchell

301 Mich. App. 282 · Michigan Court of Appeals · Jun 6, 2013

Further, contrary to the prosecution’s position, merely grabbing a qualifying weapon that happens to be present at the crime scene and immediately using that weapon unlawfully does not establish that a person “goes armed. … Because the statute clearly prohibits only the conduct of a person who “goes armed,” use of the phrase “being armed” impermissibly expands the scope of MCL 750.226.

People of Michigan v. Adam Travis Tasselmyer

Michigan Court of Appeals · Apr 1, 2021

are “qualifying patients”. … By its very nature, immunity must be decided by the trial court as a matter of law, and in pretrial proceedings, in order to establish immunity from prosecution.

Francisco v. Parchment Medical Clinic P.C.

86 Mich. App. 583 · Michigan Court of Appeals · Oct 18, 1978

Whether the plaintiffs established a standard of care for the treatment of ñbrocystic disease? … Therefore, an expert’s testimony as to the standard of care applicable to a general surgeon must first be qualified by a showing of knowledge of the medical community in question.

Hertel v. Racing Commissioner

68 Mich. App. 191 · Michigan Court of Appeals · Mar 24, 1976

Class legislation must be: "[U]niform in its operation upon all persons of the class to which it naturally applies; but if it fails to include and affect alike all persons of the same class, and extends immunities or privileges … , 366 US 420 ; 81 S Ct 1101 ; 6 L Ed 2d 393 (1961). 7 See also Davidow v Wadsworth Mfg Co, 211 Mich 90 ; 178 NW 776 (1920). 8 See 16 Am Jur 2d, Constitutional Law, § 503 and cases cited therein. 9 The time limitation is clearly

Holody v. City of Detroit

117 Mich. App. 76 · Michigan Court of Appeals · Jun 9, 1982

As this Court noted in its decision in Jones , to qualify as a co-employee, a person need not be working on the same job or in the *82 same department. He need only be working for the same employer. … Fletcher is, therefore, clearly distinguishable. In any event, insofar as Fletcher may be inconsistent with our resolution of the co-employee issue, we decline to follow it.

People v. Dendel

289 Mich. App. 445 · Michigan Court of Appeals · Aug 24, 2010

Therefore, the autopsy and toxicology reports qualify as public records under MRE 803(8). Thus, the toxicology results were not testimonial in nature, and Dr. … Forensic evidence is not uniquely immune from the risk of manipulation....

In Re BKD

246 Mich. App. 212 · Michigan Court of Appeals · Aug 8, 2001

Thus, regular contact -with the child is not, as respondent suggests, the only means of qualifying for subsection 39(2) rights. … Respondent could have qualified under subsection 39(2) if he had provided support or care to petitioner when she was pregnant.

Ellsworth v. Highland Lakes Development Associates

198 Mich. App. 55 · Michigan Court of Appeals · Jan 20, 1993

The circuit court properly granted immunity to defendants in this case. The act clearly applies to large tracts of undeveloped land, such as this parcel. … Plaintiff has not pleaded facts establishing defendant’s "intentional disregard” for the decedent’s safety.