Civil Procedure- Matters covered by EPIC are specifically excluded from...
Subject-matter jurisdiction is established by the pleadings and exists when the proceeding is of a class the court is authorized to adjudicate and the claim stated in the complaint is not clearly...
View ArticleCivil Procedure- Reversible error — no aggrieved party contribution ‘by plan...
Reversible error may only be based on the trial court’s actions. The reasons justifying reversal cannot be supported or contributed to by the alleged error of the aggrieved party, be that error planned...
View ArticleCivil Procedure- Forum-selection clause unenforceable unless consent proper...
Michigan courts generally enforce contractual forum-selection clauses; however, consent to personal jurisdiction satisfies the long-arm statute only when the requirements for granting consent under MCL...
View ArticleNo-Fault Law- Summary disposition appropriate when no factual question on...
Reliance on an exclusionary clause in an insurance policy is an affirmative defense; therefore, the insurance company has the burden to prove that one of the policy’s exclusions applies.
View ArticlePremises Liability- ‘Special aspects’ of an open and obvious danger revive...
A landowner owes no duty to protect against open and obvious dangers unless a condition exists that presents a risk of harm that is so unreasonably high that its presence is inexcusable.
View ArticleProbate- Court weighs maintaining individual autonomy vs. preventing...
MCL 700.5401 grants the probate court the ability to prospectively appoint a conservator to prevent the likelihood that assets will be wasted or dissipated.
View ArticleCriminal Procedure- Defendant’s successful motion to suppress does not render...
Per People v Richmond, the court’s determination if an actual controversy exists or if the matter is moot focuses on the dismissal.
View ArticleCivil Procedure- Set off enforces the principle — only one recovery per injury
Set off is employed by the courts to prevent a plaintiff’s double recovery for a single injury. To determine whether a double recovery has occurred, a court must first determine what injury is sought...
View ArticleCivil Procedure- Court cannot decide sua sponte — parties present proof of...
The circuit court has original and general jurisdiction while the family division exercises “sole and exclusive jurisdiction” over matters enumerated in MCL 600.1021.
View ArticleConstitutional Law- ‘Bolt’ tax/fee distinguishing criteria must be considered...
In Bolt v City of Lansing, the U.S. Supreme Court identified three primary criteria to be considered when distinguishing between a valid user fee and a tax that violates the Headlee Amendment.
View ArticleCOA: Insurer didn’t prove fraud in no-fault case
As reliance on an exclusionary clause in an insurance policy is an affirmative defense, the defendant insurer has the burden of proof, according to the Michigan Court of Appeals.
View ArticleCivil Procedure- Reasonable expectation of confidentiality may derive from...
The common interest doctrine extends the attorney-client privilege to otherwise non-confidential communications in limited circumstances.
View ArticleContract Law- Substantial compliance is evidence of decedent’s intent...
Substantial compliance is sufficient to effect a substitution. The party claiming the decedent/insured’s substantial compliance must prove that he or she did everything in his or her power to effect...
View ArticleCriminal Procedure- Error must be ‘harmless beyond a reasonable doubt’
To determine whether the denial of counsel at a preliminary examination amounts to harmless error, courts must consider the factors discussed in Coleman v Alabama, as well as any other factors relevant...
View ArticleContract Law- Contract — manifestation of willingness to bargain and...
A valid contract requires mutual assent on all essential terms. Mere discussions and negotiations cannot be a substitute for the formal requirements of a contract; before a contract can be completed,...
View ArticleReal Property Law- Life estate interests — partitioned or sold — dual...
Michigan law recognizes two types of joint tenancies: ordinary joint tenancies and joint tenancies with full rights of survivorship. The ability of a co-tenant to destroy the right of survivorship —...
View ArticleFamily Law – Not required to ‘invade’ support assets for attorney fees payment
MCR 3.206(C)(2)(a) requires an award of attorney fees in a divorce action only as necessary to enable a party to prosecute or defend a suit. A party sufficiently demonstrates an inability to pay...
View ArticleLegal Malpractice – Continued services constitute ‘matters the claim for...
If a plaintiff is injured as a result of legal malpractice but continues to receive related services, for statute of limitation purposes, a distinction must be made between actions taken by counsel as...
View ArticleCivil Procedure- Dismissal — ‘harsh sanction’ — ‘careful consideration’ and...
Before dismissing a party’s claim, a trial court must “carefully consider” the factors set forth in Dean v. Tucker and “expressly consider” them on the record.
View ArticleNo-Fault Law- Serious impairment — fact and circumstance specific — conducted...
The focus of the inquiry of whether someone has suffered a serious impairment of a body function is the effect that the injury has had on the plaintiff’s ability to lead a normal life.
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