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Restaurant owner faces suit from son after meat grinder injury

A Michigan Court of Appeals panel partially affirmed and reversed a Wayne County Circuit Court ruling on a case that involves a then-5-year-old who had to have a hand amputated after getting it caught...

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No-Fault Law – Solicitation 

Where a defendant insurance company was awarded summary disposition on a plaintiff’s claims for personal protection insurance (PIP) benefits pursuant to the no-fault act, a reversal is warranted...

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Commercial Law – Payment due date — ‘Course of dealing’ 

Where a plaintiff supplier was awarded summary disposition in a breach-of-contract suit, the judgment should be upheld despite the defendant’s assertion that there is a genuine issue of material fact...

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Criminal Law – Collateral estoppel — Child protective proceeding 

Where a defendant was charged with first-degree criminal sexual conduct and second-degree criminal sexual conduct, it was error for the lower court to dismiss the charges based on findings of fact in a...

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Family Law – Custody, support and parenting time 

Where a plaintiff mother has appealed the trial court’s judgment for custody, support and parenting time that awarded the parties joint custody and equal parenting time of their minor child, the...

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No-Fault Law – Assignments — One-year-back rule 

Where healthcare providers challenge the circuit court’s decision denying their motions to amend their complaints to comply with Covenant Med Ctr, Inc, v State Farm Mut Auto Ins Co, 500 Mich 191, 218;...

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Negligence – Automobile — Impairment of important body function 

Where a defendant driver was granted summary disposition in a third-party automobile negligence matter, the trial court did not err in determining that there was no objectively manifested impairment of...

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Criminal Law – Sentencing — Indecent exposure 

Where a defendant convicted of indecent exposure by a sexually delinquent person was sentenced to 25-70 years in prison, the defendant must be resentenced, as the trial court was not aware of its range...

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Insurance – Subrogation — Third-party beneficiaries 

Where (1) a fire occurred at a storage facility, (2) plaintiff insurance companies paid claims to insureds who owned farm equipment that was stored at the facility at the time of the fire and (3) the...

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COA: Crash didn’t cause plaintiff’s medical woes 

Summary disposition was granted to the defendant after a car accident as a split Michigan Court of Appeals panel decided that a plaintiff’s “myriad of maladies” was unrelated to the crash.

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Family Law – Custody — Out-of-state judgment 

Where a circuit court judge enforced a Massachusetts child custody judgment in favor of a petitioner-mother pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), there was no...

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Wills and trusts – Contempt — Deed 

Where a decedent’s daughter, serving as co-personal representative of her estate and co-trustee of her trust, was held in criminal contempt for refusing to sign a deed transferring certain property...

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Employment Law – ADA — Sovereign immunity — State police 

Where a plaintiff state trooper brought suit alleging a failure to accommodate his disability, the defendant Department of State Police should have been granted summary disposition on the plaintiff’s...

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No-Fault Law – Assignment — MAIPF 

Where a plaintiff injured in a car accident filed a motion to file an amended complaint in order to add a cause of action against the Michigan Automobile Insurance Placement Facility for failure to...

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No-Fault Law – Fees — Guardianship 

Where the guardians of a child injured in a car accident requested a respondent insurance company to reimburse them for counsel fees, a Probate Court decision to allow that request should be affirmed,...

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No-Fault Law – PIP — Indemnification 

Where (1) a plaintiff was injured when a garbage truck struck a city-owned bus in which he was riding, (2) the city paid the plaintiff personal injury protection benefits and (3) the city then filed a...

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Family Law – Termination — Jurisdiction 

Where the parental rights of a mother and father were terminated, the trial court properly exercised temporary emergency jurisdiction under MCL 722.1204.

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Criminal Law – Self-defense — Felony-firearm 

Where a jury trial convicted defendant of possession of a firearm during the commission of a felony, the conviction should be upheld despite the defendant’s claim that he acted in self-defense.

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Family Law – Adoption — Grandparents 

Where the superintendent of Michigan Children’s Institute denied consent for petitioners to adopt their grandson, the petitioners failed to present clear and convincing evidence that the...

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Family Law – Termination of parental rights 

Where a mother’s parental rights to two children were terminated, the trial court did not clearly err by finding that the Department of Health and Human Services made reasonable efforts at...

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