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 Recent Arguments

 
  • /1//05/1

    Issue:

    On September 25, 2008, Donald Richardson’s wife and several other people were throwing eggs and rocks, and yelling at each other, outside Richardson’s home on Forrer Street in Detroit. The altercation included Richardson’s neighbors Teresa Moore and Brandy Abrams. Following an exchange of threats and vulgar remarks, Abrams picked up a baseball bat and struck at the Richardsons’ porch railing and screen door. Dennis Dinwiddie, who was drinking beer at Moore’s house next door, came over and, according to his later testimony, tried to lead Abrams away. Richardson, who had pulled his wife inside the house, took out a gun and started shooting, hitting Abrams four times and Dinwiddie twice. Richardson reloaded his revolver and waited on his porch until the police and EMS arrived.

    ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/0

    Issue:
    ​Willie Driver began seeing Dr. Mansoor Naini for general medical care in 1983. Despite the fact that Driver was over 50 years old and had a family history of colon cancer, Naini never referred him for a colonoscopy, despite abnormal blood test results in 2003. In October 2005, Driver went to a gastroenterologist because of unexplained weight loss. Sometime in November 2005, Driver was diagnosed with stage IV colon cancer with metastasis to the liver.

    On April 25, 2006, Driver’s attorney mailed a notice of intent to file a medical malpractice action to Naini and his professional corporation, Michigan Cardiology, pursuant to MCL 600.2912b. The notice of intent stated that it applied to Naini, Michigan Cardiology, “and their professional corporations and all agents and employees ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/0

    Issue:
    The slip-and-fall giving rise to this lawsuit occurred on January 26, 2006, at the Great Lakes Crossing Shopping Center in Auburn Hills, Michigan. According to plaintiff Irene Brown, she was on her way into the mall at about 8 p.m. when she encountered a slippery spot on a covered walkway leading to the mall entrance; Brown lost her balance and fell. When she first tried to get up, her foot again slipped from underneath her. Brown got up and went into the mall, where she reported to security that she had fallen on black ice on the walkway.

    Brown and her husband sued the Taubman Company, which owns the shopping center property, and two other defendants. Evidence was presented that there had been sleet, ice, and light snow on the days before Brown’s accident, and snow removal se ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/0

    Issue:
    ​On the morning of March 7, 2007, Sherry Crofoot and her 13-year-old daughter were at their home in Saginaw, along with Crofoot’s 80-year-old grandmother. A woman wearing a brown coat with fur-trimmed hood knocked at the door, asking to use the phone and to get a ride. When Crofoot refused and tried to shut the door, the woman pushed her way in, knocking Crofoot into the room. Once inside, the woman punched the grandmother several times in the face, then grabbed a knife, demanding money. Eventually, after Crofoot gave her some money and the grandmother’s purse, the woman left.

    A Michigan State Police trooper responded; with his police tracking dog, he followed a trail that led first to a nearby house. When police later investigated the house, they found a brown coat with a kni ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/0

    Issue:
    ​On April 19, 2008, a confidential informant told a law enforcement drug team that heroin was being sold from a residence in Kingsford, Michigan. With money provided by law enforcement, the informant purchased $40 worth of heroin from the drug house; Drew Peltola, who was on parole for a drug charge, was one of several people involved in the sale. When Iron Mountain police stopped Peltola later that night, he had nearly $600 on his person, including the $40 from the informant. As police began arresting others involved in the heroin sale, the suspects began talking, and it became clear that Peltola and a friend were acting as the local distributers for a down-state heroin supplier.

    A jury found Peltola guilty as charged of delivering less than 50 grams of heroin and conspiracy ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/1

    Issue:
    ​Paul Green died after being cared for by the defendant physicians and hospital. The plaintiff, as personal representative of Green’s estate, sued the defendants for medical malpractice. The defendants filed motions for summary disposition, arguing that the lawsuit was not timely filed and that the mandatory pre-suit notice of intent to sue was not properly filed. (Under MCL 600.2912b, a plaintiff in a medial malpractice suit must file an NOI 182 days before filing the complaint.) The trial court ruled that the complaint was not timely filed as to some of the defendants. The trial court also held that the plaintiff’s NOI was inadequate because the statement of proximate causation was not specific enough. MCL 600.2912b(4)(e) provides that an NOI must state “the manner in which it is allege ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/0

    Issue:
    ​While at work at a General Motors Corporation factory, Henry Harris fell back and struck his head on the tile floor of a men’s room; he died a few days later. The only other person in the men’s room did not see Harris fall, and there was conflicting testimony about whether Harris was moving when he fell.

    Alesia Harris, Harris’ widow, filed a claim for worker’s compensation benefits. After hearing from three expert witnesses as to the circumstances of Harris’ fall and death, the magistrate concluded that the plaintiff had failed to establish a connection between Harris’ work at General Motors and his injury, saying that Harris “passed out for some unknown cause of a purely personal nature and fell as if in a dead faint striking his head, without any evidence of a work induceme ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/1

    Issue:
    ​This case involves an auto accident in which one of the drivers, Rufus Young, was injured while driving an uninsured Kia; his driving privileges had been suspended since 1983. At issue is whether Young may recover personal protection insurance benefits.

    The Kia belonged to Nicole Williams, who was away on vacation at the time of the accident. Williams had asked her cousin Lynda Lee to stay at her house and take care of Williams’ seven-year-old son Jalin. Before leaving, Williams told Lee that the Kia was uninsured. There is a dispute as to whether Williams used the Kia.

    While Williams was away, Lee drove the Kia to a party store to buy beer, and then drove with Jalin to Young’s workplace, where she stayed for about 45 minutes drinking beer. When it was time for Le ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/1

    Issue:
    ​Robert Duncan was charged with three counts of third-degree criminal sexual conduct for sexual encounters he allegedly had with a 14-year-old friend of his daughters. At trial, the girl testified that she and Duncan had had sexual relations, but Duncan denied any wrongdoing. After deliberating for several hours, the jury found Duncan guilty as charged.

    Duncan filed a motion seeking judgment notwithstanding the verdict or a new trial. He argued, among other things, that there were numerous instances where hearsay evidence was placed before the jury and that his trial counsel was ineffective. While rejecting Duncan’s other arguments, the trial judge agreed that a number of hearsay statements – for example, the girl’s testimony that she told Duncan’s daughter that rumors of a se ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//03/1

    Issue:
    ​On August 17, 2008, Franklin Ivey shot and killed Kerry Booker in Detroit. Ivey was charged with first-degree murder, felon in possession of a firearm, and felony-firearm; he was tried before a Wayne County jury in late February and early March 2009. Ivey admitted that he killed Booker, but claimed that he did so in self-defense. The jury acquitted Ivey of first-degree murder and felony-firearm, but found him guilty of being a felon in possession of a firearm.

    At sentencing, over defense counsel’s objection, the trial court assessed 100 points under Offense Variable 3, MCL 777.33 (physical injury to a victim). Under MCL 777.33(1)(a), 100 points should be scored under OV 3 if “[a] victim was killed.” Under MCL 777.33(2)(b), 100 points should be scored “if death results from th ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​After his 1996 conditional guilty plea to possession of between 225 and 650 grams of cocaine, and after being sentenced, John Jones was granted bond pending appeal. He remained free on bond throughout much of the lengthy appellate process. But he fled in 2002, shortly after the Court of Appeals issued an order directing the trial court to immediately revoke Jones’ bond and remand him to the custody of the Michigan Department of Corrections.

     

    A warrant for Jones’ arrest issued immediately. Four years later, in May 2006, Jones was apprehended on the outstanding warrant by federal authorities, who also sought to try him for federal drug crimes. Over the next year, Jones was lodged in various Michigan jails while federal authorities maintained custody of him for trial ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​Johnny Bonilla-Machado was serving prison terms for unarmed robbery and attempted carjacking in the Bellamy Creek Correctional Facility in Ionia County. While in prison, Bonilla-Machado caused his toilet to overflow onto the floor of his cell and then splashed water onto Corrections Officers Shawn Fuller and Ryan Kohl. Bonilla-Machado was charged, as a second habitual offender, with two counts of assaulting a prison employee. He was tried before a jury; Fuller and Kohl testified for the prosecution. At the close of the prosecution’s case, the trial judge asked if Bonilla-Machado wanted to testify. After being advised by his attorney that anything that he said could be used against him, Bonilla-Machado told the trial judge that he did not intend to testify. The jury convicted Bonilla-M ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​Holly Marie Plunkett was killed after she lost control of her vehicle while driving on southbound US-127 and struck a tree. According to the police report, “it was raining hard at the time, [and] there was some standing water in the roadway where the vehicle tires traveled.” Her husband, Jerome Plunkett, sued the Michigan Department of Transportation, alleging that Holly Plunkett “suddenly and unexpectedly lost control of her vehicle due to the dangerous and defective conditions which existed on/at the actual physical structure of the roadbed surface of the highway at issue . . . .” The lawsuit further alleged that, as a direct and proximate result of MDOT’s failure to maintain the highway in reasonable repair and in a condition reasonable safe and fit for travel, defects in the roadw ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​Holly Marie Plunkett was killed after she lost control of her vehicle while driving on southbound US-127 and struck a tree. According to the police report, “it was raining hard at the time, [and] there was some standing water in the roadway where the vehicle tires traveled.” Her husband, Jerome Plunkett, sued the Michigan Department of Transportation, alleging that Holly Plunkett “suddenly and unexpectedly lost control of her vehicle due to the dangerous and defective conditions which existed on/at the actual physical structure of the roadbed surface of the highway at issue . . . .” The lawsuit further alleged that, as a direct and proximate result of MDOT’s failure to maintain the highway in reasonable repair and in a condition reasonable safe and fit for travel, defects in the roadw ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​Lawrence M. Clarke, Inc. was hired to supply labor and material for a project in Ash Township, Monroe County to develop a residential subdivision known as Carleton Crossings. In the summer of 2003, Clarke hired Richco Construction, Inc. as a subcontractor to work on the water, storm, and sanitary sewer systems for the project. The principals and apparently the sole shareholders of Richco were Ronald J. Richards, Jr., and Thomas A. Richards. Clarke sued Richco, claimed that construction and repair work was not properly performed, and that Clarke incurred considerable expense in rebuilding the infrastructure that Richco was supposed to build; Clarke’s complaint alleged breach of contract by Richco and fraud by Ronald and Thomas Richards. But Clarke’s complaint was dismissed after it cou ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​Terry Brandt, the chief financial officer for Cascades Community Credit Union, was charged with two counts of felony embezzlement. According to trial testimony, Brandt was in charge of keeping track of the books and investments. The credit union’s chief executive officer discovered several unauthorized wire transfers to day-trading accounts in Brandt’s name. When confronted, Brandt acknowledged that he had transferred the money to his accounts. He explained that he had a “gambling addiction” when it came to playing options in the stock market. It was ultimately determined that Brandt had stolen about $340,000.

     

    Brandt was charged with embezzlement of more than $100,000 by an agent of the victim, and embezzlement from a financial institution. A jury found Brandt gui ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​William Pollard boarded a Detroit bus on the morning of August 5, 2007. When the bus lurched forward, Pollard fell and was injured. The bus driver called an ambulance, which transported Pollard to a hospital. Pollard was treated for a hip fracture, and also suffered a heart attack. After the incident, an agent of Suburban Mobility Authority for Regional Transportation sent Pollard a claim form. Pollard did not complete and return the form; instead, he sued SMART on November 7, 2007, claiming that the bus driver negligently operated the bus, causing him to fall. He also claimed that he was entitled to no-fault benefits. The complaint was served on SMART on November 14, 2007.

     

    SMART filed a motion for partial summary disposition, arguing that the negligence claim was ba ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​After a magistrate denied Mary Ferdon’s claim for worker’s compensation benefits, Ferdon appealed that decision to the Workers’ Compensation Appellate Commission. In order to pursue her appeal, Ferdon was obligated to file a copy of “the transcript of the hearing” within 60 days, pursuant to MCL 418.861a(5). Subsection (5) provides that, “[f]or sufficient cause shown, the commission may grant further time in which to file a transcript.” There were two hearings on the record before the magistrate: the first on May 7, 2008, the original date set for trial, where an adjournment was entered to allow the parties more time to try and reach a settlement, and the second on June 3, 2008, when the full-fledged trial took place. Ferdon ordered and paid for both transcripts. The May 7 transcript ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​Anthony Breidenbach was charged with “indecent exposure as a sexually delinquent person” after he exposed himself to a woman at a Flint Township bookstore; at the time, he was on parole from prison for a similar offense. At trial, the prosecutor presented specific testimony related to Breidenbach’s two prior convictions for similar crimes, and his parole agent testified about his extensive criminal history of related offenses. The jury convicted Anthony Breidenbach as charged, and the judge sentenced him to one day to life in prison.

     

    Anthony Breidenbach appealed to the Court of Appeals and filed a motion to remand the case to the trial court so that it could consider his motion for a new trial. Breidenbach contended that the trial court had violated MCL 767.61a and < ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:
    ​Dedrick McCauley was charged with first-degree (premeditated) murder, felony-murder, three counts of assault with intent to murder, and felony-firearm. Following a jury trial, he was convicted of second-degree murder, felony-murder, three counts of assault with intent to murder, and felony-firearm. He was sentenced, as a second felony offender, to concurrent terms of life for felony-murder, 37½ to 75 years for second-degree murder, and 18¾ to 37½ years for each of the assault convictions, all to follow the mandatory two-year term for felony-firearm.

     
    McCauley appealed his convictions to the Court of Appeals. He alleged that his trial counsel was ineffective for failing to advise McCauley that he could be convicted of first-degree (premeditated) murder under an aiding an ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//01/2

    Issue:

    ​In 1917, J.N. and Carrie Klock conveyed 90 acres of land to the city of Benton Harbor. The deed states that the land is “conveyed to [the City] upon the express condition, and with the express covenant that said lands and premises shall forever be used by said [City] for bathing beach, park purposes, or other public purpose; and at all times shall be open for the use and benefit of the public, subject only to such rules and regulations as said [City] may make and adopt.” The city accepted the Klocks’ gift by city resolution on May 7, 1917, which expressly recognized that the land was accepted “subject to the conditions set forth in said Deed.” The city developed the land into Jean Klock Park, which included a bathing beach, lagoons, a lakefront boulevard and park amenities, and a wate ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//11/0

    Issue:
    ​Within 24 hours of her birth, Teija McCall suffered a stroke; she has serious neurological impairments as a result. Her mother, Raquel Robelin, sued Spectrum Health Hospitals, and the physician who attended Robelin during labor and delivery, for medical malpractice. Dr. Ronald Gabriel, a Los Angeles pediatric neurologist, is one of Robelin’s expert witnesses. He testified that hypoxia, as indicated by a late deceleration pattern in the fetal heart rate, is an indicator of stroke. Gabriel asserted that the defendants failed to properly monitor the fetal heart rate and, as a result, failed to take action to prevent the infant’s stroke. While it was not possible to be completely certain about what had happened to the infant, Gabriel said, “in the “absence of an alternative explanation,” the ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//11/0

    Issue:

    ​Alexander Aceval and others were engaged in transporting cocaine from Texas for distribution in Michigan. A confidential informant, who was involved in the plan, provided information to the police about the scheme. The police arrested all involved, including the confidential informant. Aceval was charged with drug-related offenses for his alleged role in the drug scheme. During an evidentiary hearing and at trial, the confidential informant lied about certain matters relating to his role – for example, he stated that he had had no contact with two investigating officers until the date of Aceval’s arrest. The two officers also gave false testimony to support the informant’s version of events. With the trial judge’s agreement, the prosecutor and police made a special record of the false ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//11/0

    Issue:
    ​On July 25, 2005, Kimberly Idalski was injured in a two-vehicle accident with David Allen Schwedt. Idalski had a no-fault insurance policy with State Farm Mutual Insurance Company. Under the terms of the policy, State Farm became obligated to pay first-party no-fault personal protection insurance (PIP) benefits arising from Idalski’s injuries. The traffic crash report prepared by the Michigan State Police indicated that Schwedt was also insured by State Farm; if so, State Farm would be responsible for indemnifying Schwedt against third-party tort liability for noneconomic damages if Idalski sustained a serious impairment of body function. MCL 500.3135(1). But in fact, Schwedt was not insured.

    Idalski sued Schwedt and State Farm on March 1, 2007, asserting a third-party neglige ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//11/0

    Issue:
    ​On November 15, 2006, Ernest Horvath boarded a bus operated by Suburban Mobility Authority for Regional Transportation and driven by Don Johnson. As Horvath stepped down from the bus, which had come to a complete stop, the bus door closed on his left foot, and he fell to the pavement. Johnson opened the door and apologized; he later completed an accident report.

    Horvath filed a claim for no-fault benefits on November 22, 2006, with SMART’s third-party claims administrator. On May 17, 2007, Horvath sued SMART and Johnson for negligence. The defendants moved for summary disposition, asking the court to dismiss Horvath’s claims; Horvath had failed to give timely notice of his negligence claim as required by § 419 of the Metropolitan Transportation Authorities Act of 1967, MCL 124 ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//11/0

    Issue:
    ​Arthur Krumm suffered a closed head injury in a car accident while visiting friends in North Carolina in 2003. Krumm did not have automobile insurance. Lori Calderon, Krumm’s sister and guardian, filed a claim on Krumm’s behalf for no-fault benefits with Auto-Owners Insurance Company. Auto-Owners was liable for benefits, Calderon argued, because Krumm was domiciled in Fife Lake, Michigan with his grandmother Beverly Krumm, who had a no-fault insurance policy with Auto-Owners. Auto-Owners initially paid no-fault benefits to Krumm, but stopped doing so after an investigation led Auto-Owners to conclude that Krumm’s main residence was not with his grandmother. Calderon then sued Auto-Owners, but the insurer filed a counter-claim seeking recovery of benefits it had already paid for Krumm. Fu ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//10/1

    Issue:
    ​This case concerns three young siblings who were placed with petitioners Valeriu and Karen Martin; a fourth sibling was also placed with the Martins, but she is not involved in this lawsuit. The children have special needs that require medical attention. After the parental rights of the children’s birth parents were terminated, the Martins began the process to adopt the children.

    Four years after the children were placed with the Martins, a complaint was filed by Children’s Protective Services after Karen Worden, a disabled adult who lived with the Martins, physically disciplined one of the children. Caseworkers from the Department of Human Services had advised the Martins that Worden should not supervise the children alone. As a result of this incident, the Martins’ names were plac ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//10/0

    Issue:
    ​Sherri Martin underwent surgery performed by Dr. David Rynbrandt at Northern Michigan Hospital. Seven days later, Dr. Jeffrey Beaudoin, the hospital’s chief of surgery, was contacted by a nurse who advised him that Martin’s condition was deteriorating. Beaudoin performed emergency surgery. According to Martin, her doctors and nurses should have recognized her deteriorating condition much earlier, within 72 hours of the surgery.

     
    Martin sued Rynbrandt, his professional corporation, and Northern Michigan Hospital, among others. Martin’s expert witnesses included a nurse, who testified at a deposition in support of Martin’s negligence claims against the hospital. The hospital’s nurses should have done a better job of monitoring Martin and should have reported her deteriora ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//10/0

    Issue:
    James Ykimoff filed this medical malpractice suit, alleging that delays in treating blood clots that developed after he had surgery caused permanent neurological damage to his legs. Moreover, Ykimoff claimed, the surgery left him with erectile dysfunction. In addition to alleging that his doctors breached the standard of care, Ykimoff asserted that the nurses at W.A. Foote Memorial Hospital were negligent in failing to notify the surgeon, Dr. David Eggert, or another doctor immediately when his legs began showing signs of an absence of blood flow; as a result, he lost the opportunity to avoid his injuries, Ykimoff maintained.

    The trial court dismissed the claims against Eggert because Ykimoff’s expert agreed that Eggert did not breach the standard of care once he was notified of Ykim ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//10/0

    Issue:
    ​Shae Mullins and Louis Dominion are the parents of a daughter born on January 5, 2006. Mullins and Dominion never married; the child lived with Mullins. When a court awarded Dominion unsupervised parenting time, Mullins expressed concern about Dominion’s alleged history of violence and substance abuse. She provided Dominion information about caring for the child, including that the child had extremely sensitive skin and could break out in hives if exposed to the wrong products. When her daughter returned home from her first unsupervised visit with Dominion, Mullins noted that the child’s labia were swollen and red, and that the child was ill with nausea and diarrhea. Mullins took the child to the South Haven Urgent Care Clinic. The physician’s report gave a clinic impression of “alleged ...More

    Orders:

    Calendar Number: Oral Argument on Application

    Opinions:

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  • /1//05/0

    Issue:
    ​The Attorney General has filed a lawsuit asking the Michigan Supreme Court to remove a Lansing judge from office, arguing that the judge – who was appointed by former Governor Jennifer Granholm in the final days of her administration – could only serve until noon on January 1, 2011. The case may turn on a 1983 Michigan Supreme Court decision, in which a Supreme Court justice appointed by former Governor William Milliken was removed by a majority vote of other justices.

    On November 2, 2010, Judge Amy Krause, an incumbent of the 54-A District Court, was elected to a six-year term on the court. Three weeks later, Granholm appointed Krause to an open seat on the Michigan Court of Appeals; the judge accepted that appointment and resigned from the district court as of December 13. O ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//04/0

    Issue:
    ​George Novak’s nine-year-old granddaughter testified at trial that he touched her breasts and, while clothed, touched his genital area to her “back butt.” The trial court permitted the prosecutor to present testimony from others whom Novak had allegedly sexually abused, including Novak’s adopted daughter, the girl’s mother. The trial court also ruled that the prosecutor could admit into evidence a pornographic story that Novak wrote graphically depicting sexual acts among teen-aged siblings, their father, and their cousin. The trial court reasoned that this evidence was admissible under MRE 404(b)(1), which states that “[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admi ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//03/0

    Issue:
    ​On April 17, 2008, Christopher Evans filed a lawsuit against Grosse Pointe Public School System, claiming that GPPSS violated the Persons with Disabilities Civil Rights Act (MCL 37.1101 et seq.) when it terminated his employment. To include a defendant in a lawsuit, a plaintiff must serve the defendant with both the summons – a notice that the defendant is being sued – and the complaint, which describes the claims against the defendant and their legal basis.

    Evans hired a process server, who delivered papers relating to the lawsuit to Janet Truance, the school superintendent’s executive assistant. The process server reported that he served Truance with both the summons and the complaint, and Truance signed an acknowledgement of service stating that that she received ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//01/1

    Issue:

    ​Arthur Hailey was stopped for failing to signal when making a turn. When police discovered that Hailey did not have his driver’s license and had outstanding arrest warrants, they arrested him and impounded the Dodge Intrepid that he was driving. Four days later, in response to an anonymous tip, police arrested eight people, including Hailey, for possessing three carjacked vehicles. Hailey had the keys to a stolen vehicle in his possession. On learning that Hailey’s car was impounded, the arresting officer ordered an inventory of the vehicle; the inventory turned up firearms and stolen car parts. Two carjacking victims identified Hailey as one of the people who stole their vehicles.

    Hailey was charged in three separate cases with multiple charges relating to the carjackings ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//11/0

    Issue:
    ​In November 2004, Catherine Wilcox’s four-year-old son Isaac was injured in an automobile accident, leaving him a quadriplegic who cannot breathe on his own. State Farm Mutual Automobile Insurance Company was the Wilcox family’s no-fault automobile insurance carrier at the time of the accident. Under MCL 500.3105(1), a no-fault insurer must pay benefits for “accidental bodily injury” arising out of the ownership, operation, maintenance, or use of a motor vehicle. MCL 500.3107(1)(a) provides that no-fault benefits are payable for “[a]llowable expenses consisting of all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation.”

    Four months after the accident, Isaac was discharged from a l ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//10/1

    Issue:

    ​In 2000, Steven King was convicted of a felony – operating a vehicle under the influence of liquor, third offense. In 2004, he applied to the state for a license to act as a resident insurance producer, or insurance agent. King disclosed his felony conviction. The Michigan Office of Financial and Insurance Services reviewed King’s application and granted him the license. In a letter to King dated September 3, 2004, OFIS acknowledged that it had reviewed his felony conviction; the letter advised King to keep the letter with his license “in case your record and/or ability to engage in the business of insurance is ever challenged by someone in the industry, state government, or federal government.” King took a job in insurance sales. But on March 19, 2008, OFIS notified King that it was ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//10/0

    Issue:
    ​In 1835, a plat for Harford Village in Washtenaw County was recorded. North Street, East Street and Cross Streets are shown on the plat, but were never developed or used as roads. The Beach Farm encompasses a significant portion of the Harford Village plat property, including the areas designated as North Street, East Street and Cross Street. These areas have been fenced in and used as part of the farm for more than 100 years. Florence Beach, the great-great-granddaughter of the farm’s original owner, has an ownership interest in the farm, as do her siblings.

    In 2004, the Township of Lima purchased land near Beach Farm, intending to use the land for a fire station. Beach claims that the township breached a Beach Farm boundary fence. The township took that action to open the st ...More

    Orders:

    Calendar Number: 1

    Opinions:

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  • /1//05/0

    Issue:
    ...More

    Orders:

    Calendar Number: 2

    Opinions:

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  • /1//04/0

    Issue:
    ​While babysitting for friends, Kent Lee twice flicked the penis of the friends’ three-year-old son. Lee later testified that he was frustrated that the boy would not put his pajamas on and flicked the child’s penis to get him to cooperate.

    Lee was charged with second-degree criminal sexual conduct and second-degree child abuse as a fourth-offense habitual offender; he pled guilty to third-degree child abuse as a second-offense habitual offender. At sentencing, the prosecutor argued that the trial court should require Lee to register under the sex offenders registration act. SORA does not require registration by a defendant convicted of third-degree child abuse, but a catch-all provision, MCL 28.722(e)(xi), requires registration for a violation of state law that “by it ...More

    Orders:

    Calendar Number: 2

    Opinions:

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  • /1//03/0

    Issue:
    ​Beverly Duffy, her husband, and some friends were riding their ATVs on a forest road commonly known as the Little Manistee Trail. Duffy’s ATV ran over some exposed wooden boards that had been partially buried underground on the traveled portion of the road, causing the ATV to bounce into the air; Duffy was thrown from the vehicle and suffered spinal injuries and paralysis.

    The trail is designated as an Off Road Vehicle route, which means that any motor vehicle licensed by the Secretary of State can be operated on the trail, which is owned by the state of Michigan. By statute, the DNR is obligated to maintain a recreation system for off-road vehicles and to develop a comprehensive plan for the management and maintenance of ORV routes and trails. The state funds the ORV Trail I ...More

    Orders:

    Calendar Number: 2

    Opinions:

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  • /1//01/1

    Issue:

    ​On July 6, 2000, the “Up in Smoke” tour, featuring performers known as Dr. Dre (Andre Young), Snoop Dogg, Ice Cube, and Eminem, was scheduled to take place at Detroit’s Joe Louis Arena. That afternoon, several Detroit officials and police representatives met backstage with the tour’s organizers, expressing concern about a sexually explicit video introduction to Dr. Dre and Snoop Dogg’s performances. The Detroit officials advised the tour organizers that, the video violated city ordinances, and that the city would take legal action and disrupt power to the arena if the video was played. The promoters did not play the controversial video, but, in a “bonus track” later marketed with a DVD of the tour, they used portions of a videotape of their meeting with the Detroit officials.

    ...More

    Orders:

    Calendar Number: 2

    Opinions:

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  • /1//11/0

    Issue:
    ​Charles Fackelman’s teenaged son was killed in an auto accident in March 2006. A year later, Fackelman drove to the house of Randy Krell, whom he blamed for his son’s death; Fackelman threatened Krell and another person with a gun. Fackelman fled, but was eventually found and committed to a hospital. While there, he was examined by a psychiatrist, Dr. Agha Shahid. In his report, Shahid diagnosed Fackelman as suffering from a single episode of major depression, without psychosis.

    Fackelman was charged with first-degree home invasion, two counts of felonious assault, and one count of felony-firearm. Fackelman claimed he was insane at the time of the offenses, and he called an expert witness who supported this claim. The prosecutor also called an expert witness, who concluded tha ...More

    Orders:

    Calendar Number: 2

    Opinions:

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  • /1//10/0

    Issue:

    ​Donald Allen Lown was charged with second-degree home invasion in September 2005. He was on parole at the time and was sent back to prison to serve his active sentences. His arraignment on the home-invasion charge occurred on November 7, 2005. Trial was set for February 7, 2006. Before that date, Lown’s defense counsel filed a motion to withdraw from representation. The trial judge denied the request, but the attorney renewed the motion in writing the following month, on the day before the scheduled trial, citing a breakdown in the attorney-client relationship. The court did not grant the motion to withdraw, but the February 7, 2006 trial was adjourned because the judge was presiding over another trial. A new trial date was set for May 9, 2006.

     

    On April 20, 2006, ...More

    Orders:

    Calendar Number: 2

    Opinions:

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  • /1//05/0

    Issue:
    ...More

    Orders:

    Calendar Number: 3

    Opinions:

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  • /1//04/0

    Issue:
    ​On July 19, 2007, Adrian Police Detective Vincent Emrick went online posing as “keyanagurl” – a 15-year-old girl. According to Emrick’s later testimony, Edward Kowalski, whose screen name was “mr_ltr_nmidmi_007,” contacted “keyanagurl” in a Yahoo chat room; they had three conversations, in which Kowalski made sexual comments to “keyanagurl,” even though “keyanagurl” said that she was 15 years old. When Emrick was unable to initiate a fourth conversation with Kowalski, he surmised that Kowalski had realized that “keyanagurl” was a police officer. On August 14, 2007, Emrick obtained a search warrant for Kowalski’s house. The police search turned up a computer monitor, but no other computer equipment.

    Kowalski was charged with accosting, enticing or soliciting a child for immoral ...More

    Orders:

    Calendar Number: 3

    Opinions:

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  • /1//03/0

    Issue:
    ​Miller-Davis Company was the general contractor hired to make an $8.7 million series of improvements, including a new natatorium, to YMCA buildings. Miller-Davis hired Ahrens Construction to install a roof system on the natatorium. Ahrens finished work in February 1999; on April 26, 1999, Ahrens certified to Miller-Davis that the work was complete. Miller-Davis paid Ahrens the next day. A temporary certificate of occupancy was issued for the whole project on June 11, 1999.

    The YMCA’s contract with Miller-Davis included a one-year warranty on materials and workmanship. Within the first year, when the weather turned cold, the YMCA noticed condensation in the natatorium, so severe that at times it appeared to be “raining” in the pool area. Efforts were made to resolve the proble ...More

    Orders:

    Calendar Number: 3

    Opinions:

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  • /1//01/1

    Issue:

    ​On January 22, 2002, Edris Ligons went to Crittenton Hospital’s emergency room, following four days of vomiting, diarrhea, and other problems. She was seen by Dr. David Bauer, who treated her for gastroenteritis and dehydration, then discharged her. The next day, she visited her doctor’s office complaining of severe pain. She was sent to Crittenton’s emergency room and was admitted to the hospital. On January 24, emergency surgery was performed, but it failed to save Ligons, who died on January 29, 2002.

     

    Ligons’ son Dujuan Ligons claimed that Bauer and Crittenton, and Bauer’s professional corporation, Rochester Emergency Group, were liable for medical malpractice. He contended that the hospital should have admitted his mother when she visited the emergency room on ...More

    Orders:

    Calendar Number: 3

    Opinions:

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  • /1//11/0

    Issue:

    ​In 1990, William Hurt purchased property at 2106 Jackson Place in Ann Arbor. Hurt obtained a mortgage from Sterling Mortgage and Investment Company. In 1991, the balance on the mortgage was $9,000, but no further payments were made after that date. After Hurt’s death in 2000, his wife sold the property to Dan-Kai Tus and Nu Chen Yen Tus. The mortgage was not paid off at the closing of the sale, but Sterling Mortgage, which had misplaced its file, made no collection efforts until 2005. Sterling Mortgage then foreclosed by advertisement and obtained a sheriff’s deed. Under MCL 600.3240(8), the Tuses had six months from foreclosure to redeem the property by paying the amount owed to Sterling Mortgage. Just before the six months expired, the Tuses filed a quiet title action. At the outset ...More

    Orders:

    Calendar Number: 3

    Opinions:

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  • /1//10/0

    Issue:
    ​The eight plaintiffs own front lots along Beach Drive, which runs along the north shore of Lake Charlevoix. Beach Drive was dedicated to the public for public use in 1911. It does not actually touch the water’s edge; there is a small strip of land with some trees between the water’s edge and the roadway. The legal descriptions of the plaintiffs’ properties do not extend to the lake’s edge, nor is there a grant of riparian rights to these plaintiffs in their deeds of record. Nonetheless, over the years, the plaintiffs have used the lake in front of their lots and, in some instances, have built docks extending into the lake. Other property owners, whose lots do not abut Beach Drive, also allegedly began using the waterfront in front of the plaintiffs’ homes. The plaintiffs argued that thes ...More

    Orders:

    Calendar Number: 3

    Opinions:

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  • /1//04/0

    Issue:
    ​The police were called to a street corner in Grand Rapids, where they found Keith Hoffman lying dead in a pool of blood. Police officers discovered several small baggies of crack cocaine and marijuana, plus spent nine millimeter casings and an unfired .40 caliber cartridge, lying near Hoffman’s body. Witnesses told the police that two gun-toting men had walked up to Hoffman, exchanged words, and begun firing; one witness identified Sammie Bailey, Jr., as the shooter. With the aid of a tracking dog, police officers trailed Bailey to a house a couple of blocks from the scene of the shooting. Bailey and his half-brother, Terrill Lambeth, were arrested. Testing of the spent cartridges and a bullet in Hoffman’s body established that two different weapons were involved, but the weapons were ne ...More

    Orders:

    Calendar Number: 4

    Opinions:

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  • /1//03/0

    Issue:
    ​In this original action in the Court of Appeals, a commercial property owner, Laurence Wolf, challenged the city of Detroit’s Solid Waste Inspection Fee. The SWIF was authorized by § 22-2-56 of the City Code and inaugurated by the city on May 23, 2007. Wolf claimed that, under the standards set forth in Bolt v City of Lansing, 459 Mich 152 (1998), the SWIF is a tax, rather than a fee, and that it violates the Headlee Amendment, Const 1963, art 9, § 31: “Units of Local Government are hereby prohibited from levying any tax not authorized by law or charter when this section is ratified or from increasing the rate of an existing tax above the rate authorized by law or charter when this section is ratified, without the approval of a majority of the qualified electors of that unit of ...More

    Orders:

    Calendar Number: 4

    Opinions:

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  • /1//01/1

    Issue:

    ​While in the Wayne County jail on for alleged probation violations, Tara Hamed was raped by a Wayne County deputy sheriff. The deputy sheriff was fired and later convicted of criminal sexual conduct. Hamed sued him as well as the sheriff, Wayne County, and the Wayne County Sheriff’s Department on various theories of negligence and vicarious liability. After discovery – the process by which parties to a lawsuit obtain information from their opponents and others – Hamed was permitted to amend her complaint to include claims against Wayne County and the Wayne County Sheriff’s Department under the Michigan Civil Rights Act. MCRA prohibits discrimination on the basis of sex in employment, or in places of public accommodation or public service; the act defines discrimination to include sexu ...More

    Orders:

    Calendar Number: 4

    Opinions:

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  • /1//11/0

    Issue:
    ​In 1994, Michigan voters approved Proposal A, which amended article 9, § 3 of the Michigan constitution to limit the annual increase in property tax assessments, and authorized enabling legislation to accomplish this change. The legislature fixed the cap on assessment increases to either 5 percent of the assessed value of the property for the previous year, or the increase in the rate of inflation from the previous year, whichever is less. The limitation on assessment increases does not apply after certain transfers of ownership occur. This process is referred to as “uncapping.”

    The property involved in this case is located at 908 May Street in Charlevoix. James Klooster initially owned the property with his wife as tenants by the entireties. By 2004, the wife had relinquished ...More

    Orders:

    Calendar Number: 4

    Opinions:

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  • /1//10/0

    Issue:
    ​Angelo McMullan admits that he shot his friend, Jimmy Smith, after the two fought over a drug deal. The fight began as a physical altercation. When McMullan was unable to collect money from Smith that he believed Smith owed him, he retrieved a gun and returned to continue the argument with Smith. A witness testified that McMullan pushed Smith into a vehicle and then shot him; after shooting Smith, the witness testified, McMullan searched Smith’s pockets and removed the cash that he found. McMullan testified that he was threatening Smith with the weapon while Smith was seated in a vehicle, and that he shot Smith as Smith was exiting the vehicle. McMullan denied searching Smith’s pockets or removing cash. McMullan also testified that, on the day of the shooting, he had been using drugs. Af ...More

    Orders:

    Calendar Number: 4

    Opinions:

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  • /1//04/0

    Issue:
    ​Kevin Krohn, who became a paraplegic as a result of a motorcycle accident, underwent an experimental medical procedure – olfactory ensheathing glia cell transplantation – that involved surgery followed by intensive physical therapy. This procedure, which was being performed in Portugal, is not approved by the Food and Drug Administration; it is illegal to perform the surgery in the United States.

    In March 2005, before undergoing the procedure, Krohn met with Dr. Steven Hinderer of the Rehabilitation Institute of Michigan. Hinderer, who specializes in physical medicine and rehabilitation, told Krohn that he could not recommend the experimental procedure. Krohn’s health insurer denied coverage, as did Krohn’s no-fault auto insurer, Home-Owners Insurance Company. Home-Owners told ...More

    Orders:

    Calendar Number: 5

    Opinions:

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  • /1//01/1

    Issue:

    ​The plaintiff in case no. 140814, Midland Cogeneration Venture Limited Partnership (Midland), owns equipment in the city of Midland that is used to generate electricity, which is then resold. The property consists of twelve gas fired turbine generators, twelve heat recovery steam generators, two steam turbines, one back pressure steam turbine and related machinery and equipment. For tax year 2008, the Midland assessor classified the property as “industrial real property.” Midland Cogeneration objected and filed a protest of the classification with the local property tax Board of Review in March 2008, claiming that the property should be classified as industrial personal property. The Board of Review rejected that claim.

     

    Midland Cogeneration appealed the board’s de ...More

    Orders:

    Calendar Number: 5

    Opinions:

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  • /1//11/0

    Issue:
    ​Randall Lee Dowdy was convicted of multiple crimes, including five counts of first-degree criminal sexual conduct. When he was released from prison on November 2, 2002, Dowdy signed a form that explained his reporting responsibilities under the Sex Offender Registration Act, MCL 28.271 et seq. SORA provides that, when a sex offender is released from prison, the offender must “notify the local law enforcement agency or sheriff’s department having jurisdiction where his . . . new residence or domicile is located . . . within 10 days after [he] changes or vacates his . . . residence, domicile, or place of work or education . . . .” MCL 28.725(1). The statute defines “residence” as “that place at which a person habitually sleeps, keeps his . . . personal effects, and has a regular p ...More

    Orders:

    Calendar Number: 5

    Opinions:

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  • /1//10/0

    Issue:
    ​Merit Energy Company arranged with Department of Environmental Quality to treat an underground “contaminant plume” resulting from crude oil releases emanating from Merit’s Hayes 22 Central Production Facility in Otsego County. The contaminated groundwater was to be treated by a process known as “air stripping” that removes contaminants and discharges treated water. Under the arrangement, which might last for 10 years, the treated water was to be carried by a 1.3 mile pipeline that Merit constructed on land owned by the Department of Natural Resources. The water would be discharged on DNR land and shortly thereafter would flow into Kolke Creek, then into Lynn Lake, and on into the AuSable River. The plaintiffs either own property along Kolke Creek or Lynn Lake or use these waters, as well ...More

    Orders:

    Calendar Number: 5

    Opinions:

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  • /1//03/0

    Issue:
    ​Richard Loweke was an electrician employed by Shaw Electric, one of the subcontractors on a construction project at Detroit Metro Airport. Ann Arbor Ceiling & Partition Company was a carpentry and drywall contractor on the project. According to Loweke, Ann Arbor Ceiling employees left sheets of cement board leaning in an unstable position against a corridor wall; while Loweke was working nearby, some of the boards fell onto Loweke’s leg, injuring him.

    Loweke sued Ann Arbor Ceiling for negligence, but Ann Arbor Ceiling asked the trial court to dismiss his lawsuit. According to Ann Arbor Ceiling, Loweke’s allegations merely charged that the subcontractor had not performed its duties under the contract properly – not that it was liable to Loweke for negligence. Ann Arbor Cei ...More

    Orders:

    Calendar Number: 6

    Opinions:

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  • /1//01/1

    Issue:

    ​The plaintiff in case no. 140814, Midland Cogeneration Venture Limited Partnership (Midland), owns equipment in the city of Midland that is used to generate electricity, which is then resold. The property consists of twelve gas fired turbine generators, twelve heat recovery steam generators, two steam turbines, one back pressure steam turbine and related machinery and equipment. For tax year 2008, the Midland assessor classified the property as “industrial real property.” Midland Cogeneration objected and filed a protest of the classification with the local property tax Board of Review in March 2008, claiming that the property should be classified as industrial personal property. The Board of Review rejected that claim.

     

    Midland Cogeneration appealed the board’s de ...More

    Orders:

    Calendar Number: 6

    Opinions:

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  • /1//11/0

    Issue:
    Great Wolf Lodge’s water park resort is located on 48 acres in the Traverse City area. The land is part of a 120-acre parcel that was previously farmed by the Oleson family. Cherryland Electric Cooperative claims that it has provided electrical service at that location since the 1940s. Cherryland Electric had an electrical line, known as a service drop, running to one building when Great Wolf Lodge bought the property in 2001, but no electricity was being provided to the property at that time. Great Wolf Lodge solicited bids for electric services from Cherryland Electric, Traverse City Light & Power, and Consumers Power. Traverse City Light & Power won the bidding process, and it entered into a contract with Great Wolf Lodge in December 2001. But when construction of the resort wa ...More

    Orders:

    Calendar Number: 6

    Opinions:

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  • /1//10/0

    Issue:
    ​In 2003, Michigan enacted the Small Employer Group Health Coverage Act, MCL 500.3701 et seq. The act regulates group insurance provided to small employers, defined as those with two to 50 employees. As a condition of transacting business in Michigan, all small employer group health insurance carriers must offer all of their policies to all small employers, the act requires. The act limits the reasons a small employer carrier may refuse to renew a policy and significantly limits the permissible rating factors in setting premiums. The act also includes provisions designed to encourage individual employees to participate in employer-sponsored group health insurance. In addition to the express requirements for small employer group health plans or policies, the act provides that carr ...More

    Orders:

    Calendar Number: 6

    Opinions:

    Click here to view the briefs.

  • /1//03/0

    Issue:
    ​Over the course of a few weeks, the 15-year-old defendant, Cecil Huston, and 16-year-old Keyon Brown went on a crime spree that consisted primarily of burglaries, but ended with the armed robbery of Jackie Flanagan at a mall. Flanagan, who was alone, was getting out of her SUV in the mall parking lot when Huston and Brown accosted her, pointing guns at her head and demanding her purse, wallet, and car keys. Flanagan turned over her cell phone and car keys, but when she had some trouble getting the purse off her shoulder, Brown knocked her to the ground and took the purse. Huston and Brown then fled in Flanagan’s car. Ultimately, Huston and Brown were arrested and Huston confessed. He was charged with armed robbery and carjacking; in six other cases, he was charged with breaking and enter ...More

    Orders:

    Calendar Number: 7

    Opinions:

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  • /1//01/2

    Issue:

    ​On February 7, 2007, Acme Township held an election to determine whether any township trustees should be recalled. About a year later, the county prosecutor filed a petition in the Grand Traverse County Circuit Court, seeking authorization to issue investigative subpoenas pursuant to MCL 767A.2(1), which states, “A prosecuting attorney may petition the district court, the circuit court, or the recorder’s court in writing for authorization to issue 1 or more subpoenas to investigate the commission of a felony as provided in this chapter.” The petition stated that the county prosecutor was investigating an alleged violation of the MCFA, MCL 169.254, which prohibits corporations, their agents, and certain others from making election campaign contributions. The circuit court authorized th ...More

    Orders:

    Calendar Number: 7

    Opinions:

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  • /1//11/0

    Issue:
    ​The Michigan Education Association is a voluntary labor organization that represents members employed by public schools, colleges, and universities; its political action committee is funded in part by MEA member payroll deductions. The MEA has collective bargaining agreements with various public school districts throughout Michigan; these agreements include a requirement that the school district employer administer a payroll deduction plan for contributions to the MEA’s PAC. In 2006, the MEA asked the Secretary of State to issue a declaratory ruling that the school districts’ administration of the payroll deduction program was not an “expenditure” under the Michigan Campaign Finance Act, and so did not violate the act. In a letter, the Secretary of State responded that the school distric ...More

    Orders:

    Calendar Number: 7

    Opinions:

    Click here to view the briefs.

  • /1//10/1

    Issue:

    ​Connie Colaianni worked in a customer service department call center. In April 1998, the call center moved to a building owned by K-F Land Company and managed by Stuart Frankel Development Corporation. Colaianni began to suffer from various health problems, and she sought medical treatment. Due to her medical problems, she missed significant time from work; her symptoms would worsen when she returned to work. In August 2002, Colaianni’s physician told her that she had elevated antigen levels to toxic molds. In 2003, Colaianni sued K-F Land and Stuart Frankel Development, alleging that toxic mold contamination in the building caused her to suffer significant health problems. The defendants filed a motion for summary disposition, asking the court to dismiss Colaianni’s claim. The defend ...More

    Orders:

    Calendar Number: 7

    Opinions:

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  • /1//03/0

    Issue:
    ​Lemuel Brown was injured in a single vehicle accident while driving a borrowed, uninsured motor vehicle on December 30, 2006. He was treated at Bronson Methodist Hospital between December 30, 2006, and January 5, 2007; the charges totaled $37,465.01.

    Bronson determined that Brown did not have any available no-fault insurance coverage, so the hospital filed a claim with the Michigan Assigned Claims Facility on December 14, 2007, a little more than two weeks before expiration of the one-year application deadline prescribed by MCL 500.3145 and MCL 500.3174. The Assigned Claims Facility assigned the claim to Allstate Insurance Company on January 7, 2008, more than a year after Bronson’s last date of service. Bronson received notice that Allstate was the servicing insurer on Janua ...More

    Orders:

    Calendar Number: 8

    Opinions:

    Click here to view the briefs.

  • /1//01/2

    Issue:
    ​Firefighters entered Mark Slaughter’s townhouse unit after receiving a call from his next-door neighbor; the neighbor had discovered water running between her wall and his. The neighbor knocked at Slaughter’s door, but after receiving no response, she contacted the property management company, who told her they did not have a key or contact number for Slaughter, but suggested she call the fire department. The firefighters first knocked on Slaughter’s door, then, when no one answered, entered his unit through an open window to investigate the water issue. A firefighter went to the basement to turn off the water in Slaughter’s apartment and discovered marijuana plants; after leaving the apartment, the firefighter informed the police. Officers obtained a search warrant, executed it, and sei ...More

    Orders:

    Calendar Number: 8

    Opinions:

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  • /1//10/1

    Issue:
    ​Karen Waeschle is the daughter of Katherine Weins, who died after suffering a closed head injury at a nursing home in August 2006. Waeschle requested an investigation into Weins’ death, and the police sought an autopsy. The autopsy was performed by the Oakland County Medical Examiner according to standard procedures and protocols. Because Weins suffered a closed head injury, her brain was examined. As a matter of course, if a brain is to be examined during an autopsy, it must be treated in a formaldehyde-like solution for a period of 10 to 14 days. Once the examination is complete, the brain is treated as medical waste and disposed of by incineration. That occurred in this case.

     
    Waeschle sued the Oakland County Medical Examiner and Oakland County in the federal court f ...More

    Orders:

    Calendar Number: 8

    Opinions:

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  • /1//10/1

    Issue:

    ​In 2003, Auto Club Group Insurance issued an automobile insurance policy to Deborah Lee on a 2001 Oldsmobile. On December 10, 2003, Alvin Taylor, who lived with Lee, borrowed the car with Lee’s permission. The car ended up in the possession of Kelly Rose Brooks. Brooks collided with a car driven by Mira Abay, who was killed in the accident. Subsequent toxicology testing established that Brooks was under the influence of alcohol at the time of the accident, and that she had drugs in her system. Brooks did not have automobile insurance, but her father, James Trent, was covered under a policy issued by DaimlerChrysler Insurance Company. The policy is referred to as a “fronted” policy. Its declarations sheet lists DaimlerChrysler Corporation as the named insured, but the policy provides c ...More

    Orders:

    Calendar Number: 9

    Opinions:

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  • /1//10/1

    Issue:
    ​On August 28, 2005, Anuradha Sreenivasan’s vehicle rear-ended John Singer’s SUV. Singer sued under the no-fault act on May 30, 2006, and the case proceeded to case evaluation. The case evaluators assessed the case at $95,000, but both parties rejected the evaluation award, and the case proceeded to trial. The jury returned a verdict in favor of Singer in the amount of $42,500, which the court adjusted for prejudgment interest to $46,758.41. Singer moved for entry of judgment, including interest and taxable costs, and the defendants filed a motion for case evaluation sanctions, costs, and attorney fees. Michigan Court Rule 2.403, which governs case evaluation sanctions, states in part that a party that rejects a case evaluation award must pay the opposing party’s “actual costs” unless the ...More

    Orders:

    Calendar Number: 10

    Opinions:

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  • /1//10/0

    Issue:
    ​David Ray Smith caused an accident that resulted in the death of the other driver. A few days after the accident, Smith told one of his passengers that the police had nothing on him as long as she did not talk to them. His comment that he would take care of any problem himself or have someone else take care of it was interpreted by the passenger as a threat, and she was not initially cooperative with the police. She did eventually tell the police about the circumstances of the accident and the statements that Smith made to her. A jury convicted Smith of involuntary manslaughter, witness intimidation, and reckless driving.

     
    At sentencing, the trial court assessed 15 points for Offense Variable 19, finding that Smith “used force or the threat of force against another pers ...More

    Orders:

    Calendar Number: 11

    Opinions:

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