Michigan Supreme Court Decisions 2019

Maniaci v. Diroff (Opinion on Application)  
Date: November 21, 2019
Docket Number: 158005

Justia Opinion Summary: Pursuant to a June 18, 2015 consent judgment, the defendants conveyed an easement across Parcel B for ingress and egress access to and from the Tittabawassee River to plaintiff Jeffrey Maniaci, and others. The consent…

Michigan v. Beck (Opinion on Application)  
Date: July 29, 2019
Docket Number: 152934

Justia Opinion Summary: Eric Beck was convicted by jury as a fourth-offense habitual offender of being a felon in possession of a firearm and carrying a firearm during the commission of a felony, second offense. He was acquitted of open murder,…

Michigan v. Bruce (Opinion - Leave Granted)  
Date: July 25, 2019
Docket Numbers: 156827, 156828

Justia Opinion Summary: Terence Bruce and Stanley Nicholson were convicted by juries of common-law misconduct in office. Defendants were federal border patrol agents assigned to a Hometown Security Team (HST) task force that included Michigan…

Thiel v. Goyings (Opinion on Application)  
Date: July 24, 2019
Docket Number: 156708

Justia Opinion Summary: David and Helen Goyings designed and built a retirement home on a lakefront lot. Their neighbors insisted the Goyingses violated the subdivision’s restrictive covenants that barred “pre-fabricated or modular home[s]” and…

Michigan v. Hammerlund (Opinion on Application)  
Date: July 23, 2019
Docket Number: 156901

Justia Opinion Summary: Defendant Jennifer Hammerlund was involved in a single-vehicle accident in the early morning hours of September 30, 2015, on a highway exit ramp in Wyoming, Michigan. According to defendant, another driver cut her off,…

Genesee County Drain Commissioner v. Genesee County (Opinion on Application)  
Date: July 18, 2019
Docket Number: 156579

Justia Opinion Summary: Defendant Genesee County served as an administrator for certain employee health insurance plans. Plaintiff Genesee County Drain Commissioner Jeffrey Wright participated in this plan even though the office of drain…

Michigan v. Swilley (Opinion on Application)  
Date: July 17, 2019
Docket Number: 154684

Justia Opinion Summary: Kareem Swilley, Jr. was convicted by jury of first-degree premeditated murder; conspiracy to commit murder; three counts of assault with intent to commit murder; carrying a dangerous weapon with unlawful intent; and six…

Wigfall v. City of Detroit (Opinion on Application)  
Date: July 16, 2019
Docket Numbers: 156793, 157097

Justia Opinion Summary: Dwayne Wigfall brought an action against the city of Detroit for injuries he sustained in a motorcycle accident allegedly caused when he hit a pothole on a city street. On advice from the city’s Law Department, Wigfall…

Date: July 16, 2019
Docket Number: 157097
Michigan v. McBurrows (Opinion on Application)  
Date: July 15, 2019
Docket Number: 157200

Justia Opinion Summary: Romon McBurrows was charged in the Monroe Circuit Court with one count of delivery of a controlled substance causing death, in connection with the death of Nicholas Abraham. Abraham, a resident of Monroe County, had…

Michigan v. Walker (Opinion on Application)  
Date: July 11, 2019
Docket Number: 155198

Justia Opinion Summary: At issue in this case is whether the trial court committed error requiring reversal when it gave an ad-lib deadlocked-jury instruction. The Michigan Supreme Court conclude that it did: the instruction given by the trial…

Dye v. Esurance Property & Casualty Ins. Co. (Opinion - Leave Granted)  
Date: July 11, 2019
Docket Number: 155784

Justia Opinion Summary: Matthew Dye brought an action against Esurance Property and Casualty Insurance Company and GEICO Indemnity Company, seeking personal protection insurance (PIP) benefits under the no-fault act, MCL 500.3101 et seq., for…

Michigan Association of Home Builders v. City of Troy (Opinion on Application)  
Date: July 11, 2019
Docket Number: 156737

Justia Opinion Summary: The question presented in this case was whether the building inspection fees assessed by defendant, the city of Troy (the City), were “intended to bear a reasonable relation to the cost” of acts and services provided by…

Michigan v. Thorpe (Opinion on Application)  
Date: July 11, 2019
Docket Number: 156777

Justia Opinion Summary: In these consolidated cases, the Michigan Supreme Court addressed the propriety and scope of expert testimony in cases alleging child sexual abuse. In Thorpe, the Court addressed the admissibility of testimony from an…

Date: July 11, 2019
Docket Number: 157404
El-Khalil v. Oakwood Health Care, Inc. (Opinion on Application)  
Date: July 10, 2019
Docket Number: 157846

Justia Opinion Summary: Ali A. El-Khalil sue his former employer and several individuals (collectively, defendants): Oakwood Healthcare, Inc.; Oakwood Hospital–Southshore; Oakwood Hospital–Dearborn; Dr. Roderick Boyes, M.D.; and Dr. Iqbal…

Paquin v. City of St. Ignace (Opinion on Application)  
Date: July 8, 2019
Docket Number: 156823

Justia Opinion Summary: Plaintiff Fred Paquin served the Sault Ste. Marie Tribe of Chippewa Indians (the Tribe), a federally recognized Indian tribe whose territory was located within the geographic boundaries of Michigan, in two capacities: as…

In re Theresa Brennan, Judge (Opinion - Leave Granted)  
Date: June 28, 2019
Docket Number: 157930

Justia Opinion Summary: The Michigan Judicial Tenure Commission filed a formal complaint against 53rd District Court Judge Theresa Brennan alleging 17 counts of judicial misconduct related to both her professional conduct and to her conduct…

In re Ferranti (Opinion on Application)  
Date: June 12, 2019
Docket Numbers: 157907, 157908

Justia Opinion Summary: The respondents had several children together. Their youngest, a daughter, JF, was born in 2003. JF had spina bifida, and as a result, had trouble ambulating without the aid of a mobility device. Also related to spina…

Kendzierski v. Macomb County. (Opinion on Application)  
Date: May 30, 2019
Docket Number: 156086

Justia Opinion Summary: This case was a class action brought on behalf of approximately 1600 unionized Macomb County, Michigan employee retirees who worked for defendant Macomb County under various CBAs dating back to 1989. Plaintiffs claimed…

Hegadorn v. Dept. of Human Services (Opinion - Leave Granted)  
Date: May 9, 2019
Docket Numbers: 156132, 156133, 156134

Justia Opinion Summary: Three plaintiffs' cases were consolidated for review; the plaintiffs were elderly women receiving long-term care in nursing homes. In each case, the “institutionalized spouse,” began receiving long-term care at a nursing…

Michigan v. Carter (Opinion - Leave Granted)  
Date: May 7, 2019
Docket Number: 156606

Justia Opinion Summary: Alonzo Carter was convicted by jury of assault with intent to do great bodily harm (AWIGBH); being a felon in possession of a firearm (felon-in-possession); intentional discharge of a firearm at a dwelling; felonious…

Stenzel v. Best Buy Company, Inc. (Opinion - Leave Granted)  
Date: April 22, 2019
Docket Number: 156262

Justia Opinion Summary: Plaintiff Paulette Stenzel was injured after her new refrigerator began to spray water out of its water dispenser onto her kitchen floor, causing her to slip and fall. She filed a timely complaint alleging negligence,…

Michigan v. Mead (Opinion on Application)  
Date: April 22, 2019
Docket Number: 156376

Justia Opinion Summary: Defendant Larry Mead was convicted by jury for possession of methamphetamine as a fourth-offense habitual offender. Defendant was a passenger in a car when the police pulled it over, ordered him out, and searched his…

Bauserman v. Unemployment Insurance Agency (Opinion on Application)  
Date: April 5, 2019
Docket Number: 156389

Justia Opinion Summary: Plaintiffs were former recipients of unemployment compensation benefits who allege that the Michigan Unemployment Insurance Agency (the Agency) unlawfully seized their property without affording due process of law. The…

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