Case law

People of Michigan v. Donald Joseph Koshmider II

Michigan Court of Appeals · Feb 7, 2019

Further, counsel was not ineffective for failing to request the instruction, because the direct and circumstantial evidence clearly established defendant’s guilt. … It is clearly established beyond a reasonable doubt that prisoners and incarcerated defendants have a constitutional right of access to the courts.

Melendres v. Soales

105 Mich. App. 73 · Michigan Court of Appeals · Apr 7, 1981

In any case the trial court’s order was unduly restrictive. 2 While the matter of plaintiff’s status as an illegal alien was clearly irrelevant on the question of liability, it was material and relevant to the issue of damages … A defendant who intentionally creates a condition with knowledge that it is substantially certain to interfere with plaintiffs property or person has established an intentional nuisance. 5 Prosser, Torts (4th ed), § 91, p

Love v. City of Detroit

270 Mich. App. 563 · Michigan Court of Appeals · Jun 22, 2006

Because the governmental immunity statute admits of only one proximate cause, "the" rather than "a" proximate cause, the allegedly negligent firefighter was immune from suit. Id. at 63, 684 N.W.2d 894 . … On the facts in this case, a delay of 40 to 60 minutes before firefighters equipped to fight a fire or to begin rescue efforts arrived may certainly qualify as grossly negligent and, therefore, not reasonably foreseeable.

Dawe v. Dr Reuvan Bar-Levav & Associates, Pc

279 Mich. App. 552 · Michigan Court of Appeals · Jul 10, 2008

The Michigan Supreme Court later reversed Lhim on the ground that the psychiatrist in Lhim was protected by governmental immunity, and, in light of that holding, the Court found it unnecessary to address “whether a duty to … And although Stanislaw’s testimony, even taken in the light most favorable to Dawe, 41 established that Brooks probably indicated that he wanted to hurt someone at the practice, his testimony did not establish that Brooks

Hanger v. State Highway Department

64 Mich. App. 572 · Michigan Court of Appeals · Sep 24, 1975

Hence the state cannot be subject to tort liability unless it waives its immunity. … Such arbitrary treatment clearly violates the equal protection guarantees of our state and Federal Constitutions. The notice provision is void and of no effect.”

Ketchum Estate v. Department of Health and Human Services

314 Mich. App. 485 · Michigan Court of Appeals · Mar 1, 2016

This legislation empowered defendant to “establish and operate the Michigan Medicaid estate recovery program [MMERP] to comply with” 42 USC 1396p. MCL 400.112g(1). … Undue hardship waivers expire when the conditions which qualified an estate, or a portion of an estate, for a waiver no longer exist.

Bloomfield Charter Township v. Oakland County Clerk

253 Mich. App. 1 · Michigan Court of Appeals · Nov 26, 2002

Saginaw Co v John Sexton *10 Corp of Michigan, 232 Mich App 202, 214 ; 591 NW2d 52 (1999). 4 Well-established principles guide this Court’s statutory construction efforts. … The township presented no authority to establish that employees of the developer who did not reside within the annexation area stood in the role of circulators when they gave petitions to other individuals who declared themselves

Sebring v. City of Berkley

247 Mich. App. 666 · Michigan Court of Appeals · Dec 28, 2001

Defendant road commission argues that pursuant to this reading of MCL 691.1402(1), plaintiff cannot maintain her cause of action because her testimony establishes that she was in the Robina Street crosswalk when she was injured … Subsection 10(b) clearly indicates that a crosswalk exists wherever it is properly marked, regardless of where it falls in the roadbed, and even in the absence of adjoining sidewalks.

People v. Morris

8 Mich. App. 688 · Michigan Court of Appeals · Dec 4, 1967

The defendant claims these conclusions were clearly erroneous. … Did he qualify that any at all? “The Witness.

Reitmeyer v. Schultz Equipment & Parts Co, Inc

237 Mich. App. 332 · Michigan Court of Appeals · Dec 1, 1999

before the time that “immunity granted by law” was listed as an affirmative defense in the court rule). … While relatively few cases will qualify for the MCR 1.102 “injustice” exception, this is a case that requires further analysis to determine whether application of the amended court rule will “work injustice.”

Koontz v. Ameritech Services, Inc

239 Mich. App. 34 · Michigan Court of Appeals · Mar 22, 2000

However, an individual’s extended benefit account and an individual’s weekly extended benefit rate under section 64 shall be established without reduction under this subsection unless subdivision (5) is in effect. … Plaintiff’s only logical choice was to leave her retirement money in a tax-qualified retirement fund by transferring the money from Ameritech’s Pension Plan to an ira.

20241119_C367900_43_367900.Opn.Pdf

Michigan Court of Appeals · Nov 19, 2024

In order to establish a defamation claim, a plaintiff must establish: -3-  (1) a false and defamatory statement concerning the plaintiff, (2) an unprivileged … Caselaw addressing whether a public official is absolutely immune for defamation do not define who qualifies as a “public official.” Several cases, however, are illustrative.

Belle Isle Grill Corp. v. City of Detroit

256 Mich. App. 463 · Michigan Court of Appeals · Jul 1, 2003

If this is established, the law will imply a contract in order to prevent unjust enrichment. Martin v East Lansing School Dist, 193 Mich App 166, 177 ; 483 NW2d 656 (1992). … The constitutional right to engage in any business is qualified in that it is subject to a proper exercise of the police powers of the state.

People of Michigan v. Vertrece Leo Shepard Wells

Michigan Court of Appeals · Dec 15, 2015

Further, the court held “a defendant need not establish the elements of § 4 immunity in order to establish the elements of the § 8 defense.” Id. … SECTION 4 IMMUNITY Hartwick explains that under § 4, “[w]hen a qualifying patient elects a primary caregiver, a registry identification card is also issued to the primary caregiver[,] . . .

Schave v. Department of State Police

58 Mich. App. 178 · Michigan Court of Appeals · Jan 29, 1975

The board affirmed the decision of the referee, denying compensation, since without the presumption, plaintiff failed to sustain his burden of proof. *182 The statute upon which plaintiff relies clearly requires, as a condition … precedent to the presumption, that the plaintiff must first make application for and do all things necessary to qualify for any pension benefits that he may be entitled to.

Compupharm-LTC v. Department of Treasury

225 Mich. App. 274 · Michigan Court of Appeals · Nov 25, 1997

The Court clearly held that the transactional circumstances under which a particular drug is obtained are not a determining factor in deciding whether the transaction fits within the scope of the tax exemption for prescription … Therefore, the sales at issue will only qualify for the exemption if the nursing homes can be properly characterized as federal agencies or instrumentalities.

Campbell v. Department of Human Services

286 Mich. App. 230 · Michigan Court of Appeals · Nov 24, 2009

As noted, the evidence offered by plaintiff did not show that her qualifications were such that she was clearly the better-qualified candidate, and therefore she did not present sufficient evidence of pretext. … And, although plaintiff had the recommendation of the individual who was being replaced as center director, that alone does not make plaintiff the clearly better-qualified candidate.

Manning v. Amerman

229 Mich. App. 608 · Michigan Court of Appeals · Aug 19, 1998

Determine any question arising in the administration or distribution of any trust, including questions of construction of wills and trusts; instruct trustees, and determine relative thereto the existence or nonexistence of an immunity … Proponents of the 1989 amendment argued that it would “consolidate authority over wills, trusts, and estates, and more clearly establish the probate court as the entity responsible for such matters, thus simplifying tlie

Jackson District Library v. Jackson County 1

146 Mich. App. 392 · Michigan Court of Appeals · Oct 9, 1985

The constitutional mandate, coupled with the statutory powers granted to libraries, clearly implies plaintiffs quasi-corporate status and the power to sue or be sued. … , or by a tax levy for this purpose authorized by a vote of the qualified electors in a participating municipality or a vote of the qualified electors of the district established by the participating municipalities pursuant

in Re E M England Minor

Michigan Court of Appeals · Jan 28, 2016

Moreover, “under established rules of statutory construction, statutes are presumed constitutional, and courts have a duty to construe a statute as constitutional unless unconstitutionality is clearly apparent.” … The trial court did not clearly err in considering O’Neill’s testimony. IV.