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  • Commentaries
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Michigan Case Commentaries

“Single-Family Residence Purposes” Re-Defined:  Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan

“Single-Family Residence Purposes” Re-Defined: Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan

Date: Jul 11, 2025
“Single-Family Residence Purposes” Re-Defined: Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan 1. Introduction Swift Estates, a nine-home lakeside enclave in Berrien County,...
People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake

People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake

Date: Jul 11, 2025
People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake Introduction On 9 July 2025,...
Equal Division Clarifies: Mass-Market Short‑Term Rentals Breach “Single Family Residence Purposes,” But Summer Homes Can Still Be “Residences”

Equal Division Clarifies: Mass-Market Short‑Term Rentals Breach “Single Family Residence Purposes,” But Summer Homes Can Still Be “Residences”

Date: Jul 10, 2025
Equal Division Clarifies: Mass-Market Short‑Term Rentals Breach “Single Family Residence Purposes,” But Summer Homes Can Still Be “Residences” Introduction In Melvin R. Berlin Revocable Trust v....
ER Admission Creates Reliance for Ostensible Agency Unless Effectively Disclaimed: The Michigan Supreme Court’s Clarification in Markel v. William Beaumont Hospital

ER Admission Creates Reliance for Ostensible Agency Unless Effectively Disclaimed: The Michigan Supreme Court’s Clarification in Markel v. William Beaumont Hospital

Date: Jul 10, 2025
ER Admission Creates Reliance for Ostensible Agency Unless Effectively Disclaimed: The Michigan Supreme Court’s Clarification in Markel v. William Beaumont Hospital Introduction This commentary...
No Per Se OV 19 Score for Drug Possession During Jail Intake: Particularized Security‑Threat Findings Required

No Per Se OV 19 Score for Drug Possession During Jail Intake: Particularized Security‑Threat Findings Required

Date: Jul 10, 2025
No Per Se OV 19 Score for Drug Possession During Jail Intake: Particularized Security‑Threat Findings Required Introduction In People of Michigan v. Curtis Allen Morris (Mich. July 9, 2025), the...
Re-Drawing the Line on Certified Questions: The Michigan Supreme Court’s Clarification in In re Certified Question (Beaubien v. Trivedi)

Re-Drawing the Line on Certified Questions: The Michigan Supreme Court’s Clarification in In re Certified Question (Beaubien v. Trivedi)

Date: Jul 8, 2025
Re-Drawing the Line on Certified Questions: The Michigan Supreme Court’s Clarification in In re Certified Question (Beaubien v. Trivedi) Introduction On 3 July 2025, the Michigan Supreme Court...
People v. Brownfield and the Refined Test for Michigan Offense Variable 7: “Similarly Egregious” Conduct Coupled with Intent to Heighten Fear

People v. Brownfield and the Refined Test for Michigan Offense Variable 7: “Similarly Egregious” Conduct Coupled with Intent to Heighten Fear

Date: Jul 8, 2025
People v. Brownfield and the Refined Test for Michigan Offense Variable 7: “Similarly Egregious” Conduct Coupled with Intent to Heighten Fear Introduction The Michigan Supreme Court’s order in People...
Curing “Real-Party-in-Interest” Defects After Filing: The New Michigan Rule for No-Fault PIP Litigation

Curing “Real-Party-in-Interest” Defects After Filing: The New Michigan Rule for No-Fault PIP Litigation

Date: Jul 8, 2025
Curing “Real-Party-in-Interest” Defects After Filing: The New Michigan Rule for No-Fault PIP Litigation Introduction In C-Spine Orthopedics, PLLC v. Progressive Michigan Insurance Co. and its...
Curing Real-Party-in-Interest Defects Post-Filing through Equitable Remedies: The Wallace / C-Spine Doctrine

Curing Real-Party-in-Interest Defects Post-Filing through Equitable Remedies: The Wallace / C-Spine Doctrine

Date: Jul 8, 2025
Curing Real-Party-in-Interest Defects Post-Filing through Equitable Remedies: The Michigan Supreme Court’s Wallace / C-Spine Doctrine Introduction In a consolidated opinion released 3 July...

        “All Means ALL”: Michigan Supreme Court Mandates Post-July 1, 2020
        Bodily-Injury Minimums in Every Auto Policy Delivered After June 11, 2019

“All Means ALL”: Michigan Supreme Court Mandates Post-July 1, 2020 Bodily-Injury Minimums in Every Auto Policy Delivered After June 11, 2019

Date: Jul 7, 2025
“All Means ALL”: Michigan Supreme Court Mandates Post-July 1, 2020 Bodily-Injury Minimums in Every Auto Policy Delivered After June 11, 2019 1. Introduction Bonter v. Progressive Marathon Insurance...
Cumulative Conveyances Exceeding 50 % of a Corporation’s Shares Trigger Uncapping under Michigan’s GPTA – Commentary on Resort Properties Co-operative v. Waterloo Township (2025)

Cumulative Conveyances Exceeding 50 % of a Corporation’s Shares Trigger Uncapping under Michigan’s GPTA – Commentary on Resort Properties Co-operative v. Waterloo Township (2025)

Date: Jul 7, 2025
Cumulative Conveyances Exceeding 50 % of a Corporation’s Shares Trigger Uncapping under Michigan’s GPTA Commentary on Resort Properties Co-operative v. Waterloo Township, Supreme Court of Michigan, 2...
Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield

Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield

Date: Jul 4, 2025
Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield Introduction This commentary analyzes the...
Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap

Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap

Date: Jul 4, 2025
Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap Introduction This commentary...
Cumulative Conveyances Trigger Uncapping: Michigan Supreme Court Endorses Gross-Transfer Counting for Entity-Owned Property Under MCL 211.27a(6)(h)

Cumulative Conveyances Trigger Uncapping: Michigan Supreme Court Endorses Gross-Transfer Counting for Entity-Owned Property Under MCL 211.27a(6)(h)

Date: Jul 3, 2025
Cumulative Conveyances Trigger Uncapping: Michigan Supreme Court Endorses Gross-Transfer Counting for Entity-Owned Property Under MCL 211.27a(6)(h) Introduction In Resort Properties Co-Operative v....
Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v. Progressive

Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v. Progressive

Date: Jul 3, 2025
Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v....
Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure

Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure

Date: Jun 28, 2025
Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure Introduction This...
Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Date: Jun 28, 2025
Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries 1. Introduction The consolidated matters of People of...
Within-Guidelines Sentences Are Not Inherently Reasonable: Welch, J., Urges Limits on Speculative Conduct and a Meaningful Proportionality Review in People v. McSorley

Within-Guidelines Sentences Are Not Inherently Reasonable: Welch, J., Urges Limits on Speculative Conduct and a Meaningful Proportionality Review in People v. McSorley

Date: Jun 21, 2025
Within-Guidelines Sentences Are Not Inherently Reasonable: Welch, J., Urges Limits on Speculative Conduct and a Meaningful Proportionality Review in People v. McSorley Introduction In People of...

        Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for
        Within-Guidelines Sentences – Comment on People v. McSorley

Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for Within-Guidelines Sentences – Comment on People v. McSorley

Date: Jun 21, 2025
Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for Within-Guidelines Sentences – Comment on People of Michigan v. Troy Cameron McSorley 1....
McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

Date: Jun 18, 2025
McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation 1. Introduction In Estate of William Howard...
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