No-Fault Law- Any owner must maintain requisite coverage or no owner recovers
The Michigan no-fault act requires that the owner of a vehicle maintain personal protection insurance (PIP), property protection insurance, and residual liability insurance.
View ArticleFamily Law- AOP-granted legal custody is not the same as judicially-granted
Courts cannot treat the legal custody granted by signing an affidavit of parentage (AOP) the same as a judicial determination custody; therefore, a party seeking a determination of custody and...
View ArticleCivil Procedure- ‘Other defensive action’ is good cause to set aside default
Per MCR 2.603(A)(1), a default cannot be entered against a party who failed to file the required responsive pleading but otherwise defended the action by taking some defensive action in the case.
View ArticleCivil Procedure- Moving party must ‘specifically identify’ issues without...
Per MCR 2.116(G)(4), the party moving the court for summary disposition must specifically identify the issues that party believes there is no genuine issue of as to any material fact.
View ArticleCriminal Procedure – Sentencing guidelines are ‘factual guideposts’
A sentence that departs from the applicable guidelines range is subject to a reasonableness review. The reviewing court will determine the reasonableness of the sentence by determining whether it...
View ArticleAttorney Fees- ‘Clearly excessive’ fees leave ‘definite and firm conviction’...
When determining if attorney fees are unreasonable, the test is not whether the fee is reflective of the locality’s customary charge, but rather whether the fee was “clearly excessive;” meaning, after...
View ArticleJudicial Bias- Determination is fact-specific — court considers the...
A judge’s conduct pierces this veil and violates the constitutional guarantee of a fair trial when, considering the totality of the circumstances, it is reasonably likely that the judge’s conduct...
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.
View ArticleNo-Fault Law- Any owner must maintain requisite coverage or no owner recovers
The Michigan no-fault act requires that the owner of a vehicle maintain personal protection insurance (PIP), property protection insurance, and residual liability insurance.
View ArticleFamily Law- AOP-granted legal custody is not the same as judicially-granted
Courts cannot treat the legal custody granted by signing an affidavit of parentage (AOP) the same as a judicial determination custody; therefore, a party seeking a determination of custody and...
View ArticleCivil Procedure- ‘Other defensive action’ is good cause to set aside default
Per MCR 2.603(A)(1), a default cannot be entered against a party who failed to file the required responsive pleading but otherwise defended the action by taking some defensive action in the case.
View ArticleCivil Procedure- Moving party must ‘specifically identify’ issues without...
Per MCR 2.116(G)(4), the party moving the court for summary disposition must specifically identify the issues that party believes there is no genuine issue of as to any material fact.
View ArticleCriminal Procedure – Sentencing guidelines are ‘factual guideposts’
A sentence that departs from the applicable guidelines range is subject to a reasonableness review. The reviewing court will determine the reasonableness of the sentence by determining whether it...
View ArticleAttorney Fees- ‘Clearly excessive’ fees leave ‘definite and firm conviction’...
When determining if attorney fees are unreasonable, the test is not whether the fee is reflective of the locality’s customary charge, but rather whether the fee was “clearly excessive;” meaning, after...
View ArticleJudicial Bias- Determination is fact-specific — court considers the...
A judge’s conduct pierces this veil and violates the constitutional guarantee of a fair trial when, considering the totality of the circumstances, it is reasonably likely that the judge’s conduct...
View ArticleCriminal Procedure- ‘Minimal’ circumstantial evidence sufficient proof of...
It is within the province of the jury to determine questions of fact, assess the credibility of witnesses and resolve issues pertaining to the weight and credibility of evidence, and the inferences to...
View ArticleTort Law- Defendant’s liability springs from role as ‘supplier,’ not ‘owner’
The common-law tort of negligent entrustment imposes liability on one who supplies a chattel for the use of another whom the supplier knows or has reason to know is, because of youth, inexperience, or...
View ArticleConstitutional Law- Right to counsel attaches after initiation of adversarial...
Generally, the Sixth Amendment right to counsel does not attach to grand jury proceedings. The purpose of grand jury proceedings is to determine whether criminal proceedings should be initiated against...
View ArticleEmployment Law- Common work area doctrine — exemption — rule of general...
For a general contractor to be held liable under the common work area doctrine, a plaintiff must show that the general contractor failed to take reasonable steps within its supervisory and coordinating...
View ArticleEmployment Law- Insured by a non-owner is insufficient for PIP benefit recovery
The registered owner of a vehicle must also be the insured party in order to be eligible for recovery of PIP benefits. Insuring the vehicle by a third party, with the exception of employment or other...
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