Evidence – Aliases — Receiving stolen property
Where a jury convicted a defendant of receiving and concealing stolen property ($1,000 or more, but less than $20,000), the trial court did not err by ruling that the evidence of defendant’s past use...
View ArticleMunicipal Law – Immunity — Conversion
Where (1) a plaintiff entered into a three-year service agreement under which the plaintiff “would provide all cleaning chemicals, cleaning equipment, grounds equipment, and snow removal equipment,”...
View ArticleMunicipal Law – Water and sewer rates — Headlee Amendment
Where plaintiffs brought suit challenging the defendant city’s water and sewer rates, a summary disposition in favor of the city should be upheld.
View ArticleMunicipal Law – Water and sewer rates — Headlee Amendment
Where plaintiffs brought suit alleging that the defendant city’s water and sewer rates violated several provisions of law including MCL 123.141(1) and Const 1963, art 9, §§25-34, popularly known as the...
View ArticleReal property – Prescriptive easement — Parking
Where a judge found that a defendant has a prescriptive parking easement on the plaintiff’s property, that finding was proper under Mulcahy v. Verhines, 276 Mich App 693; 742 NW2d 393 (2007).
View ArticleCriminal Law – Child sexually abusive material — Laptops
Where a jury convicted a defendant of four counts of possession of child sexually abusive material (CSAM), MCL 750.145c(4), the introduction of prior bad acts evidence did not violate the Michigan...
View ArticleFamily Law – Custody — New evidence
Where a defendant father has challenged the trial court’s order awarding the plaintiff mother primary physical custody of the parties’ minor child, the trial court abused its discretion when it...
View ArticleReal property – Easement — Maintenance agreement
Where a judge granted defendant homeowners permission to place a fence or landscaping “on their own property, within the easement boundaries along the boundary between 14316 Eisenbeiser Drive and 10047...
View ArticleFamily Law – Grandparenting time
Where an intervenor’s motion for grandparenting time was granted, that was an abuse of discretion, as the intervenor failed to rebut the presumption that the plaintiff father’s denial of grandparenting...
View ArticleCOA rules against bicyclist in no-fault case
A Michigan Court of Appeals panel agreed with a lower court’s decision to deny personal protection insurance benefits to a plaintiff who was hit by a vehicle while riding his bicycle.
View ArticleContract Law – Termination — Exclusive sales representative
Where a defendant manufacturer decided not to renew a contractual relationship with exclusive sales representative, the defendant acted within its contractual rights, so an award of summary disposition...
View ArticlePremises Liability – Open and obvious danger
Where a defendant factory owner was awarded summary disposition in a premises liability suit, that ruling should be affirmed, as the lower court did not err in finding that a hole in a floor was an...
View ArticleNo-Fault Law – Coordination of benefits — PIP
Where a judge ruled that an auto insurer was responsible for paying 50 percent of an injured policyholder’s expenses, that ruling was proper in light of a coordination of benefits provision in a health...
View ArticleReal property – Easement — Pipeline
Where a judge permanently enjoined the defendant, the holder of an easement to maintain an oil pipeline, from removing 13 trees from the plaintiff’s property, the judge did not clearly err in...
View ArticleDomestic relations – Domicile — Hague Convention
Where a divorced mother’s motion for change of domicile to Pakistan for her minor child was denied, that decision should be upheld because Pakistan is not a “party” to the Hague Convention on the Civil...
View ArticleNegligence – Medical malpractice — Infection
Where a defendant hospital moved for summary disposition, the motion should have been allowed because the plaintiff failed to demonstrate a genuine issue of material fact with regard to the applicable...
View ArticleSummary disposition granted in bar fight case
A Michigan Court of Appeals panel has granted a motion for summary disposition in favor of a downtown Detroit bar after the Wayne Circuit Court ruled in favor of a disorderly bar patron’s claims.
View ArticleNo-Fault Law – Assignment
Where a plaintiff filed suit seeking payment from the defendant insurance company for medical care provided to a policyholder arising out of an automobile accident, a grant of summary disposition for...
View ArticleNo-Fault Law – PIP — Assignment
Where a health care provider sought payment of personal protection insurance (PIP) benefits assigned to the provider by an insured motorist, the trial court erred in finding that the anti-assignment...
View ArticleNegligence – Bar patron — Wrongful-conduct rule
Where a plaintiff sued over injuries incurred when he was forcibly removed from a bar, the bar was entitled to summary disposition based on the wrongful-conduct rule.
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