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Michigan Case Commentaries

From Silence to Scienter: Michigan Supreme Court Requires Mens Rea for Prisoner-in-Possession Offences Under MCL 8.9

From Silence to Scienter: Michigan Supreme Court Requires Mens Rea for Prisoner-in-Possession Offences Under MCL 8.9

Date: Jul 22, 2025
From Silence to Scienter: Michigan Supreme Court Requires Mens Rea for Prisoner-in-Possession Offences Under MCL 8.9 1. Introduction In People of the State of Michigan v. Christopher Lehman...
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

Date: Jul 22, 2025
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses the Right-of-First-Refusal Introduction In Louis Jackson v. Southfield Neighborhood Revitalization...
The “Zero-Surplus, Zero-Taking” Doctrine:  Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

Date: Jul 22, 2025
The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025) Introduction On 16 July 2025, the Supreme Court of Michigan delivered a unanimous...
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Date: Jul 15, 2025
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2) Case: Michigan Republican Party and Republican National Committee v. Donahue, Kim, and Kaake (Genesee...
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

Date: Jul 15, 2025
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality Introduction The case of Michigan Republican Party & Republican...
When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto

When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto

Date: Jul 12, 2025
When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto 1. Introduction Case name: People of the State of Michigan...
MRTMA’s Exclusive-Penalty Clause vs. PHC Felonies: Michigan Supreme Court Denies Review, Leaving a Court of Appeals Split to Govern Charging Choices in Marijuana Cases

MRTMA’s Exclusive-Penalty Clause vs. PHC Felonies: Michigan Supreme Court Denies Review, Leaving a Court of Appeals Split to Govern Charging Choices in Marijuana Cases

Date: Jul 12, 2025
MRTMA’s Exclusive-Penalty Clause vs. PHC Felonies: Michigan Supreme Court Denies Review, Leaving a Court of Appeals Split to Govern Charging Choices in Marijuana Cases Case: People of the State of...
Presumed Patient Reliance in Emergency-Room Care:  Markel v. William Beaumont Hospital (Mich. 2025)

Presumed Patient Reliance in Emergency-Room Care: Markel v. William Beaumont Hospital (Mich. 2025)

Date: Jul 11, 2025
Presumed Patient Reliance in Emergency-Room Care: Markel v. William Beaumont Hospital (Michigan Supreme Court, 2025) Introduction Markel v. William Beaumont Hospital, decided by the Michigan Supreme...
“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...
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