Michigan Case Commentaries

Michigan Supreme Court Establishes No NOI Amendment Requirement for Existing Defendants in Medical Malpractice Cases

Date: Jul 7, 2023

Michigan Supreme Court Establishes No NOI Amendment Requirement for Existing Defendants in Medical Malpractice Cases Introduction In the landmark case Kostadinovski v. Harrington, decided on July 6,...

Strict Compliance with MCL 600.6431 Mandated for Claims Against the State: Insights from Elia Companies, LLC v. University of Michigan Regents

Date: May 3, 2023

Strict Compliance with MCL 600.6431 Mandated for Claims Against the State: Insights from Elia Companies, LLC v. University of Michigan Regents Introduction The case of Elia Companies, LLC v....

Youth as a Mitigating Factor in Juvenile Sentencing: Insights from People v. Boykin and People v. Tate

Date: Jul 29, 2022

Youth as a Mitigating Factor in Juvenile Sentencing: Insights from People v. Boykin and People v. Tate Introduction The Supreme Court of Michigan, in its 2022 decision in People of the State of...

Michigan Supreme Court Rules Mandatory Life Without Parole for 18-Year-Olds Unconstitutional

Date: Jul 29, 2022

Michigan Supreme Court Rules Mandatory Life Without Parole for 18-Year-Olds Unconstitutional Introduction In the landmark case of People of the State of Michigan v. Kemo Knicombi Parks (510 Mich....

Michigan Supreme Court Sets Precedent on 'Seizure' in Traffic Stops: People v. Lucynski

Date: Jul 27, 2022

Michigan Supreme Court Sets Precedent on 'Seizure' in Traffic Stops: People v. Lucynski Introduction In the landmark case People of the State of Michigan v. David Allan Lucynski (509 Mich. 618,...

Revisiting Standing in Zoning Appeals: A Comprehensive Analysis of Saugatuck Dunes Coastal Alliance v. Saugatuck Township

Date: Jul 23, 2022

Revisiting Standing in Zoning Appeals: A Comprehensive Analysis of Saugatuck Dunes Coastal Alliance v. Saugatuck Township Introduction The landmark case, Saugatuck Dunes Coastal Alliance v. Saugatuck...

Res Judicata and Collateral Estoppel in Assignor-Assignee Relationships: Insights from Mecosta County Medical Center v. Metropolitan Group

Date: Jun 11, 2022

Res Judicata and Collateral Estoppel in Assignor-Assignee Relationships: Insights from Mecosta County Medical Center v. Metropolitan Group Introduction In Mecosta County Medical Center, doing...

Reaffirmation of Public Trial Rights and Structural Error Standards in People v. Davis

Date: Mar 15, 2022

Reaffirmation of Public Trial Rights and Structural Error Standards in People v. Davis Introduction People of the State of Michigan v. Donald Wayne Davis, Jr. is a pivotal case adjudicated by the...

Defense of Others Affirmative Jury Instruction in Non-Assaultive Offenses: Insights from People v. Leffew

Date: Jan 27, 2022

Defense of Others Affirmative Jury Instruction in Non-Assaultive Offenses: Insights from People v. Leffew Introduction In the landmark case of People v. Leffew, the Supreme Court of Michigan...

Broad Protection of Mediation Communications Affirmed in Tyler v. Findling

Date: Aug 5, 2021

Broad Protection of Mediation Communications Affirmed in Tyler v. Findling Introduction Tyler v. Findling is a pivotal case decided by the Supreme Court of Michigan on August 4, 2021. The case...

Michigan Supreme Court Clarifies RUA Scope: Zip-Lining Activities Excluded

Date: Jul 31, 2021

Michigan Supreme Court Clarifies RUA Scope: Zip-Lining Activities Excluded Introduction In the landmark case Doreen ROTT v. Arthur ROTT (508 Mich. 274), the Supreme Court of Michigan addressed...

Subject-Matter Jurisdiction in Appellate Processes: Insights from People v. Washington (508 Mich. 107)

Date: Jul 30, 2021

Subject-Matter Jurisdiction in Appellate Processes: Insights from People v. Washington (508 Mich. 107) Introduction The case of People of the State of Michigan v. Gregory Carl Washington, decided by...

Michigan Supreme Court Defines 'Local Government' Spending under the Headlee Amendment

Date: Jul 29, 2021

Michigan Supreme Court Defines 'Local Government' Spending under the Headlee Amendment Introduction In the landmark case Taxpayers for Michigan Constitutional Government, Steve Duchane, Randall Blum,...

Michigan Supreme Court Rules Retroactive Application of 2011 SORA Violates Ex Post Facto Clauses

Date: Jul 28, 2021

Michigan Supreme Court Rules Retroactive Application of 2011 SORA Violates Ex Post Facto Clauses Introduction In the landmark case of People of the State of Michigan v. Paul J. Betts, Jr., the...

Entitlement to Jail Credit for Parolees: Michigan Supreme Court’s Decision in People v. Allen

Date: Jul 28, 2021

Entitlement to Jail Credit for Parolees: Michigan Supreme Court’s Decision in People v. Allen Introduction People of the State of Michigan v. Erick Rosean Allen is a landmark case decided by the...

Michigan Supreme Court Establishes Equitable Subrogation Rights for Insurers Under No-Fault Act

Date: Jul 27, 2021

Michigan Supreme Court Establishes Equitable Subrogation Rights for Insurers Under No-Fault Act Introduction The landmark case Esurance Property & Casualty Insurance Company v. Michigan Assigned...

Effectively Unavoidable Exception to Open and Obvious Danger Doctrine Affirmed in Michigan Supreme Court

Date: Jul 1, 2021

Effectively Unavoidable Exception to Open and Obvious Danger Doctrine Affirmed in Michigan Supreme Court Introduction In the landmark case Estate of Donna Livings v. Sage's Investment Group, LLC,...

MCL 691.1402a(5) Non-Retroactivity: Buhl v. City of Oak Park Sets Precedent

Date: Jun 10, 2021

MCL 691.1402a(5) Non-Retroactivity: Buhl v. City of Oak Park Sets Precedent Introduction In the landmark case of Jennifer Buhl v. City of Oak Park, the Michigan Supreme Court addressed a pivotal...

Enhanced Protections Against Unreasonable Investigatory Stops: Insights from People v. Pagano

Date: Apr 23, 2021

Enhanced Protections Against Unreasonable Investigatory Stops: Insights from People v. Pagano Introduction The Supreme Court of Michigan's decision in People of the State of Michigan v. Victoria...

Establishing Legislative Standing: Michigan Supreme Court Affirms Legislature’s Right to Defend Election Laws

Date: Dec 30, 2020

Establishing Legislative Standing: Michigan Supreme Court Affirms Legislature’s Right to Defend Election Laws 1. Introduction The Michigan Supreme Court, in the case League of Women Voters of...