Winkler v. Marist Fathers of Detroit, Inc. (Opinion on Application)
Date: June 27, 2017
Justia Opinion Summary: Defendant operated a parochial school to which plaintiff was denied admission. When plaintiff sued on the basis of disability discrimination, defendant moved for summary judgment, arguing among other things that, under t...
Haksluoto v. Mt. Clemens Regional Med. Ctr. (Opinion - Leave Granted)
Date: June 27, 2017
Justia Opinion Summary: Jeffrey and Carol Haksluoto filed a medical malpractice claim against Mt. Clemens Regional Medical Center, General Radiology Associates, PC, and Eli Shapiro, DO, for injuries Jeffrey sustained after he was misdiagnosed i...
Michigan v. Comer (Opinion on Application - Partial Affirm / Reverse)
Date: June 23, 2017
Justia Opinion Summary: Justin Comer pleaded guilty to criminal sexual conduct in the first-degree (CSC-I) and second-degree home invasion. He was sentenced to concurrent prison terms of 51 months to 18 years for the CSC-I conviction and 51 mon...
Kemp v. Farm Bureau Gen. Ins. Co. of Michigan (Opinion on Application)
Date: June 15, 2017
Justia Opinion Summary: Daniel Kemp sued his no-fault insurer, Farm Bureau General Insurance Company of Michigan, seeking personal protection insurance (PIP) benefits under the parked motor vehicle exception in MCL 500.3106(1)(b) for an injury...
Michigan v. Frederick (Opinion on Application)
Date: June 1, 2017
Justia Opinion Summary: The scope of the implied license to approach a house and knock is time-sensitive; it generally does not extend to predawn approaches. While approaching a home with the purpose of gathering information is not, standing al...
Covenant Medical Center, Inc. v. State Farm Mutual Automobile Ins. Co. (Opinion - Leave Granted)
Date: May 25, 2017
Justia Opinion Summary: Only two sections of the Michigan no-fault act mention healthcare providers, MCL 500.3157 and MCL 500.3158, and neither of those sections confers on a healthcare provider a right to sue for reimbursement of the costs of...
Michigan v. Calloway (Opinion on Application)
Date: May 19, 2017
Justia Opinion Summary: Points may be assessed for OV 5 even absent proof that a victim’s family member has sought or received, or intends to seek or receive, professional treatment. Tiwaun Calloway was convicted by jury of second-degree murder...
City of Holland v. Consumers Energy Co. (Opinion on Application)
Date: May 18, 2017
Justia Opinion Summary: In consolidated cases, two municipalities sought to provide electric service through municipal electric utilities. Central to both cases was the applicability Michigan Administrative Code Rule 411 (sometimes referred to...
Frank v. Linkner (Opinion - Leave Granted)
Date: May 15, 2017
Justia Opinion Summary: MCL 450.4515(1)(e) provided alternative statutes of limitations: one based on the time of discovery of the cause of action and the other based on the time of accrual of the cause of action. Plaintiffs were former employe...
Estate of Nickola v MIC General Ins. Co. (Opinion on Application)
Date: May 12, 2017
Justia Opinion Summary: In 2004, George and Thelma Nickola, were injured in a car accident. The driver of the other car was insured with a no-fault insurance policy provided the minimum liability coverage allowed by law: $20,000 per person, up...
Michigan v. Franklin (Opinion on Application)
Date: May 12, 2017
Justia Opinion Summary: This case centered on whether a trial court, in its discretion, could hold an evidentiary hearing to collaterally review a magistrate’s finding of probable cause on the basis of a defendant’s challenge to the veracity of...
In re Hicks/Brown (Opinion on Application - Partial Affirm / Reverse)
Date: May 8, 2017
Justia Opinion Summary: Under Michigan’s Probate Code, the Department of Health and Human Services has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights. The Department also has an...