Michigan Supreme Court Decisions 2021

Tyler v. Finding (Opinion on Application - Partial Affirm / Reverse)  
Date: August 4, 2021
Docket Number: 162016

Justia Opinion Summary: Plaintiff B. A. Tyler filed suit against David Findling; the Findling Law Firm, PLC; and Mekel Miller, alleging that David Findling published defamatory statements to attorney Anna Wright by telling her that plaintiff an...

Michigan v. Magant (Opinion on Application - Partial Affirm / Reverse)  
Date: July 30, 2021
Docket Numbers: 159371, 159373

Justia Opinion Summary: Gerald Magnant and John Davis were each charged with violating MCL 205.428(3) of the Michigan Tobacco Products Tax Act (the TPTA), for transporting 3,000 or more cigarettes without the transporter’s license required by M...

Estate of Kelly Bowman v. St. John Hospital & Med. Ctr. (Opinion - Leave Granted)  
Date: July 30, 2021
Docket Numbers: 160291, 160292

Justia Opinion Summary: Kelly Bowman and her husband Vernon, brought a medical malpractice suit against St. John Hospital and Medical Center, Ascension Medical Group Michigan, and Tushar Parikh, M.D., alleging that Parikh erroneously advised Ke...

Michigan Unemployment Ins. Agy. v. Lucente (Opinion - Leave Granted)  
Date: July 30, 2021
Docket Numbers: 160843, 160844

Justia Opinion Summary: The Unemployment Insurance Agency (UIA) brought actions against claimants Frank Lucente and Michael Herzog, respectively, to appeal the decisions of the Michigan Compensation Appellate Commission (MCAC) that claimants w...

Michigan v. Washington (Opinion on Application)  
Date: July 29, 2021
Docket Number: 160707

Justia Opinion Summary: In 2004, defendant Gregory Washington was convicted by jury of second-degree murder, two counts of assault with intent to commit murder (AWIM), possession of a firearm during the commission of a felony, and being a felon...

Michigan v. Arnold (Opinion - Leave Granted)  
Date: July 28, 2021
Docket Number: 160046

Justia Opinion Summary: Defendant Lonnie Arnold was convicted by jury of aggravated indecent exposure and indecent exposure by a sexually delinquent person. He was sentenced as a fourth-offense habitual offender to 25 to 70 years in prison for...

Taxpayers for Michigan Constitutional Govt. v. Michigan (Opinion - Leave Granted)  
Date: July 28, 2021
Docket Number: 160658

Justia Opinion Summary: Taxpayers for Michigan Constitutional Government and several individuals brought an original action to the Court of Appeals against the state of Michigan; the Department of Technology, Management, and Budget; and the Off...

Michigan v. Betts (Opinion - Leave Granted)  
Date: July 27, 2021
Docket Number: 148981

Justia Opinion Summary: Defendant Paul Betts, Jr. entered a no-contest plea to violating the registration requirements of Michigan’s Sex Offenders Registration Act (SORA), as amended by 2011 PA 17 and 18 (the 2011 SORA), conditional on his abil...

Michigan v. Allen (Opinion on Application)  
Date: July 27, 2021
Docket Number: 160594

Justia Opinion Summary: Defendant Erick Allen was convicted by jury of possessing less than 25 grams of cocaine, for which he was sentenced as a fourth-offense habitual offender to a prison term of 30 months to 15 years. Defendant was on parole...

Esurance Prop. & Casualty Ins. Co. v. Michigan Assigned Claims Plan (Opinion on Application)  
Date: July 26, 2021
Docket Number: 160592

Justia Opinion Summary: Plaintiff Esurance Property & Casualty Insurance Company (Esurance) paid personal injury protection (PIP) benefits to claimant, Roshaun Edwards (Edwards), pursuant to a no-fault automobile insurance policy, issued to ano...

Omer v. Steel Technologies Inc. (Opinion on Application)  
Date: July 21, 2021
Docket Number: 161658

Justia Opinion Summary: The defendant-employer, Steel Technologies, Inc., asked the Michigan Supreme Court to consider whether a medical professional’s conclusory declaration of a claimant’s total disability, without more, could provide compete...

Lichon v. Morse (Opinion - Leave Granted)  
Date: July 20, 2021
Docket Numbers: 159492, 159493

Justia Opinion Summary: Two former employees of Michael Morse and his firm, Michael J. Morse, PC, sued Morse for workplace sexual harassment, including sexual assault, intentional infliction of emotional distress; negligence, gross negligence,...

Smits v. Morse (Opinion - Leave Granted)
Date: July 20, 2021
Docket Number: 159493
Maples v. Michigan (Opinion on Application)  
Date: July 20, 2021
Docket Number: 160740

Justia Opinion Summary: David Maples sought compensation under the Michigan Wrongful Imprisonment Compensation Act (WICA) after his conviction of delivery of cocaine was vacated and the related criminal charges were dismissed. The Court of Clai...

Ricks v. Michigan (Opinion on Application)  
Date: July 8, 2021
Docket Number: 160657

Justia Opinion Summary: In 1992, plaintiff Desmond Ricks saw a man shoot and kill Gerry Bennett in Detroit. Ricks was on parole then; he began serving concurrent sentences for armed robbery and assault with intent to rob while armed in 1987 and...

Livings v. Sage's Investment Group, LLC (Opinion on Application)  
Date: June 30, 2021
Docket Number: 159692

Justia Opinion Summary: Donna Livings slipped on ice in her employer’s parking lot as she headed in to begin her shift. Generally, when an injury occurs because of an open and obvious condition, landowners in Michigan were not liable because th...

Yang v. Everest National Ins. Co. (Opinion on Application)  
Date: June 10, 2021
Docket Number: 160578

Justia Opinion Summary: Wesley Zoo Yang brought an action against Everest National Insurance Company (Everest) and Motorist Mutual Insurance Company (Motorist), seeking to recover personal protection insurance (PIP) benefits under a no-fault in...

Law Offices of Jeffrey Sherbow v. Fieger & Fieger, PC (Opinion - Leave Granted)  
Date: June 9, 2021
Docket Number: 159450

Justia Opinion Summary: The Law Offices of Jeffrey Sherbow, PC, brought an action against Fieger & Fieger, PC (the Fieger firm), asserting that the Fieger firm breached its referral- fee contract with plaintiff when the Fieger firm refused to p...

Buhl v. City of Oak Park (Opinion - Leave Granted)  
Date: June 9, 2021
Docket Number: 160355

Justia Opinion Summary: In 2016, plaintiff Jennifer Buhl and her husband went to a party store in Oak Park, Michigan. As she was walking, plaintiff saw a raised crack in the sidewalk outside the store and tried to step over it. Because plaintif...

Dept. of Talent & Econ. Dev. v. Great Oaks Country Club (Opinion on Application)  
Date: June 7, 2021
Docket Number: 160638

Justia Opinion Summary: This case stemmed from a dispute over the unemployment-insurance tax rate applicable to Great Oaks Country Club, Inc (Great Oaks). The Department of Talent and Economic Development/Unemployment Insurance Agency (the Agen...

Estate of Pearce v. Eaton Cty. Road Comm'n. (Opinion - Leave Granted)  
Date: June 4, 2021
Docket Number: 158069

Justia Opinion Summary: In consolidated cases, the issue presented for the Michigan Supreme Court’s consideration was whether the Court of Appeals correctly decided Streng v Bd of Mackinac Co Rd Comm’rs, 890 NW2d 680 (2016), and, if so, whether...

Bronner v. City of Detroit (Opinion on Application)  
Date: May 27, 2021
Docket Number: 160242

Justia Opinion Summary: Keith Bronner sued the City of Detroit seeking no-fault benefits. Bronner was a passenger on a city-operated bus when the bus was involved in an accident with a garbage truck operated by GFL Environmental USA Inc. The ci...

Michigan v. Kabongo (Opinion - Leave Granted)  
Date: May 20, 2021
Docket Number: 159346

Justia Opinion Summary: The Michigan Supreme Court granted leave to appeal to address the trial court’s resolution of a pair of Batson challenges, each concerning the others’ use of peremptory challenges to remove prospective jurors on the basi...

Lakeshore Group v. Dept. of Enviro. Quality (Opinion on Application)  
Date: May 20, 2021
Docket Numbers: 159524, 159525

Justia Opinion Summary: Lakeshore Camping, Gary Medler, and Shorewood Association petitioned for contested case hearings before an administrative-law judge (ALJ), to challenge permits and a special exception granted by the Michigan Department o...

Michigan v. Pagano (Opinion on Application)  
Date: April 22, 2021
Docket Number: 159981

Justia Opinion Summary: Victoria Pagano was charged with operating a motor vehicle while intoxicated with a child as a passenger, and having an open container in a vehicle. An anonymous caller phoned 911, alleging defendant was driving while in...

2 Crooked Creek, LLC v. Cass Cty. Treas. (Opinion on Application)  
Date: March 16, 2021
Docket Number: 159856

Justia Opinion Summary: 2 Crooked Creek, LLC (2CC) and Russian Ferro Alloys, Inc. (RFA) filed an action against the Cass County Treasurer, seeking to recover monetary damages under the Michigan General Property Tax Act (the GPTA) in connection...

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