Criminal Law – Medical Marijuana — Marijuana growing
Where an individual qualifies as a patient and a caregiver under the Michigan Medical Marihuana Act, he may only possess the number of plants authorized under the Act.
View ArticlePremises Liability – Negligence — Jury instructions
Where plaintiff did not plead facts and the evidence did not support a theory of ordinary negligence distinct from premises liability, it was error for the trial court to allow him to proceed on both...
View ArticleSubject-matter jurisdiction – Foreign development — Internal affairs doctrine
Where claims involving foreign development and investments did not require the trial court to become involved in the management of the internal affairs of a foreign business entity, it was error for...
View ArticleEvidence – DNA — ‘Daubert’ analysis
Where a trial court’s decision to admit STRmix probabilistic genotype testing results was based on a careful review of reliability standards set forth in Daubert v. Merrell Dow Pharm, Inc, 509 US 579...
View ArticleCreditors’ and debtors’ rights – Confession of judgment — Civil procedure
Where a circuit court based its decision to set aside a judgment and dismiss the action on the fact that the debt sought by a confession of judgment was incurred after the confession was signed by the...
View ArticleFamily Law – Child custody — Waiver
Where defense counsel made “unequivocal indications” that he approved of a course of action taken in the trial court and the trial judge’s statement that trial had ended on an earlier date, subsequent...
View ArticleFamily Law – Parental rights — Due process
Where the mother’s consent to termination of parental rights was knowingly, understandingly, and voluntarily made, and the father was not denied due process, the trial court’s termination orders were...
View ArticleFamily Law – Parental rights — Children’s interest
Where the record showed that moving the children to Israel was not practicable nor in the children’s best interests, and the mother had notice the trial court was considering terminating her rights to...
View ArticleElection Law – Taxable property limits — Ambulance service
Where plaintiff townships lacked standing to challenge election results pursuant to statute and where the contract “established” a taxpayer-funded, voter-approved, county-wide EMS service, the trial...
View ArticleCriminal Law – Suppression — Reasonable suspicion
Where the police stopped a vehicle based upon information from the Secretary of State showing no insurance, there was reasonable suspicion for the stop, even if the insurance information was only...
View ArticleEasement – Driveway — Trespass
Where several key facts changed following a judgment granting an easement, res judicata did not bar a subsequent action.
View ArticleContract Law – Entrance deposit — Breach of contract
Where plaintiff failed to present sufficient evidence of reliance to support his theory that decedent was fraudulently induced into executing a residence and care agreement, trial court did not err in...
View ArticleProperty Law – Bill of Sale — Title
Where purchaser of real property at a tax sale did not specifically purchase title to a billboard on the property, the trial court correctly ruled that owner of billboard could recover and remove it...
View ArticleForeclosure – Mortgage — Fraudulent Misrepresentation
Where plaintiff's affidavit attesting that he did not receive notice of a sheriff's sale was submitted to the court after the time for plaintiff's response, the trial court did not err in granting...
View ArticleNegligence – Duty — Bar & Grill
Where defendant bar was informed that a patron had a gun, trial court erred in finding defendant owed no duty to protect plaintiff, who was later shot.
View ArticleNo-Fault Law – Evidence of cancellation — Attorneys’ fees
Where the deposition testimony was that the carrier did not include language required to properly cancel a policy, the trial court correctly held the policy was not canceled.
View ArticleReal Estate – Right of first refusal — Condition precedent
Where the record showed the tenant failed to comply with a certain lease provision, which was a condition precedent to a right of first refusal provision, the trial court correctly granted the...
View ArticleDivorce – Marital Debt — Bankruptcy
Where a divorce judgment specifically provided that each party's share of marital debt could be discharged in bankruptcy, the trial court erred in later ruling the division of marital debt was a...
View ArticleNo-Fault Law – Summary disposition — Unlawful taking
Where the record showed no genuine issue of material fact over whether the plaintiff unlawfully took her daughter's car, summary disposition was appropriate for the defendant.
View ArticleAdoption – Statutory deadline — Motion for rehearing
Where the grandmother did not challenge the adoption order within 56 days after its entry, the trial court correctly rejected the motion.
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