Case law

AFT Michigan v. Michigan

303 Mich. App. 651 · Michigan Court of Appeals · Jan 14, 2014

AFT argues that publications generated by MPSERS clearly set forth that a member’s pension would be based on a 1.5% multiplier. … Members who opt in but fail to qualify for retiree healthcare benefits will be refunded their investment once they turn 60.

In Re Wirsing

214 Mich. App. 131 · Michigan Court of Appeals · Oct 24, 1995

In 1978, the statute was again amended to grant immunity to guardians who authorized "extraordinary procedures" such as "sterilization." … Thus, while a woman clearly has the right to choose to bear children, she also has a corresponding right to choose not to bear children and to implement that choice by the use of contraceptive devices or treatment, and, subject

Shirley v. Drackett Products Co.

26 Mich. App. 644 · Michigan Court of Appeals · Sep 30, 1970

from established facts, at least a prima facie *650 case is made. … The case is clearly distinguishable. In the Cooper case, statements were made outside of the jury room indicating a fixed opinion of a juror during the course of the trial.

Estate of Bernadine Alli v. William Beaumont Hospital

Michigan Court of Appeals · Nov 19, 2025

The plaintiff had argued that in order to qualify for immunity under the PHCIA, the healthcare provided must have been provided specifically to support the state’s response to the pandemic and not care provided in the ordinary … The alleged acts, omissions, and injuries were wholly unrelated to the pandemic, so deeming defendant immune would contravene the Legislature’s clearly- communicated intent to limit this immunization to services

In re Dearmon

303 Mich. App. 684 · Michigan Court of Appeals · Jan 14, 2014

Because we further find that the circuit court’s termination decision was not clearly erroneous, we affirm. 1 I. … Jurisdiction had not been established in this case when the amended petitions were filed.

People v. Matelic

249 Mich. App. 1 · Michigan Court of Appeals · Mar 19, 2002

Under the statute, then, the offer of "stale" information in an attempt to qualify for treatment under M.C.L. § 791.234(10) would fail if the evidence established that the prisoner possessed the information and could have … This finding is not clearly erroneous, and I would affirm the decision of the lower court.

Slack v. Ohio Casualty Insurance

202 Mich. App. 627 · Michigan Court of Appeals · Dec 6, 1993

Here, the personal representative was not required to file a bond in order to qualify, therefore the bond conditions in subsections 1(a) through 1(d) do not apply. … It would be surprising were it otherwise: it is a well-established principle in the law that, in the absence of a clearly expressed contrary intent, guaranty contracts have prospective operation only and do not cover events

Syrowik v. City of Detroit

119 Mich. App. 343 · Michigan Court of Appeals · Sep 7, 1982

Shortly thereafter, defendants moved for summary judgment alleging immunity from liability for negligence under the recreational land users act, supra. … Both of these documents were prepared in 1956, before Derby Hill was constructed, and plaintiffs were unable to establish the proper foundation for the admission of these documents.

Kaiser Optical Systems, Inc v. Department of Treasury

254 Mich. App. 517 · Michigan Court of Appeals · Mar 7, 2003

The parties do not dispute that California has a form of business tax that would qualify under MCL 208.42. … This exception appears to be aimed at barring a taxpayer from establishing a nexus with another state simply by retaining legal counsel or an accountant in that state. That clearly is not the situation in this case.

In Re TM

245 Mich. App. 181 · Michigan Court of Appeals · May 18, 2001

Once notice is provided to the appropriate tribe, it is for the tribe to decide if the minor child qualifies as an “Indian child.” … The child’s or respondent’s lack of enrollment in a tribe does not foreclose the possibility that the child could qualify as an Indian child. Id. at 445 .

20241218_C365559_38_365559.Opn.Pdf

Michigan Court of Appeals · Dec 18, 2024

The grant of a motion under MCR 2.116(C)(8) is only appropriate “when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. … The PREP Act identifies specific procedures and establishes exclusive federal jurisdiction for willful misconduct claims. See 42 USC 247d-6d(e).

People v. Young

106 Mich. App. 323 · Michigan Court of Appeals · May 19, 1981

the question was properly one of opinion testimony within the competence and province of an expert witness and, although the testimony in the present case was presented by an arguably interested witness, the witness was clearly … qualified in the fields of chemistry and blood analysis and the jury was entitled to hear his testimony and weigh its probative value.

People v. Siterlet

299 Mich. App. 180 · Michigan Court of Appeals · Dec 27, 2012

No binding precedent existed that clearly established that, after the expiration of the 21-day period provided in MCL 769.13(1), an amended felony information that decreased the habitual-offender level charged in an original … See, generally, id. at 770 (evaluating whether the rule of law serving as the basis for an error was clearly established by Michigan caselaw in order to determine whether the error was plain).

Parz Group Inc v. City of Livonia

Michigan Court of Appeals · Jun 10, 2021

We review de novo the issue whether an individual is entitled to qualified immunity. Thomas v McGinnis, 239 Mich App 636, 644; 609 NW2d 222 (2000). … ANALYSIS Defendants first argue the trial court erred when it denied their motion for summary disposition on the issue of qualified immunity. We disagree.

People v. Sardy

216 Mich. App. 111 · Michigan Court of Appeals · Mar 29, 1996

Defendant was thus able to establish the informant’s motive to fabricate. … Before its amendment in 1968, § 23 did restrict the Supreme Court’s authority to appoint visiting judges to the filling of a vacancy until á successor judge was elected and qualified.

Magid v. Oak Park Racquet Club Associates, Ltd.

84 Mich. App. 522 · Michigan Court of Appeals · Jul 6, 1978

Applying Riegler to the case at bar, 3 we hold that § 147 qualifies the broad language of § 146 for purposes of a civil cause of action. … We hold that the trial court’s "findings” as to the propriety of plaintiffs’ class action were clearly erroneous. 7 They were not supported by facts of record.

Merren v. Employment Security Commission

3 Mich. App. 383 · Michigan Court of Appeals · Aug 3, 1966

While working for Lear Siegler in February of 1962, he had established a benefit year under the employment security act, CLS 1961, § 421.29 (Stat Ann 1960 Bev § 17.531 ). … Plaintiff had, throughout the proceedings in this cause, contended that he should not have been dis-' qualified under the provisions of CLS 1961, § 421.29, supra, by virtue of a proviso contained therein, which reads in part

Osner v. Boughner

180 Mich. App. 248 · Michigan Court of Appeals · Sep 18, 1989

A witness may be qualified as an expert if he or she has acquired specialized knowledge through experience, training, or education. … First, regarding the control over Osner’s duties, the record establishes Osner’s freight assignments were given to him from R-W.

People v. Sesson

45 Mich. App. 288 · Michigan Court of Appeals · Feb 23, 1973

Even if this were prejudicial to the defendant, this remark was not so blatantly unfair as to be immune to a curative instruction. … The rule that permits a cross-examiner to inquire as to previous arrests of a witness when attacking that witness’ credibility has long been established in Michigan.

People v. Hall

249 Mich. App. 262 · Michigan Court of Appeals · Apr 4, 2002

Defendant’s statement was recorded, and the transcript establishes that defendant was advised of his Miranda rights, stated that he understood them, and waived them. … In summary, the evidence establishes that the trial court did not clearly err in finding that defendant’s statement to the police was voluntary. Sexton, supra-, Givans, supra at 119. B.