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  • Commentaries
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Michigan Case Commentaries

Limits on Sentencing Departures: Smith v. Michigan and the Requirement for Justifying Departure Extent

Limits on Sentencing Departures: Smith v. Michigan and the Requirement for Justifying Departure Extent

Date: Aug 1, 2008
Limits on Sentencing Departures: Smith v. Michigan and the Requirement for Justifying Departure Extent Introduction People of the State of Michigan v. Gary Thomas Smith, 754 N.W.2d 284 (Mich. 2008),...
Michigan Supreme Court Overrules Stoudemire and Preuss: Each Prior Felony Counts Individually Under Habitual Offender Statutes

Michigan Supreme Court Overrules Stoudemire and Preuss: Each Prior Felony Counts Individually Under Habitual Offender Statutes

Date: Jul 24, 2008
Michigan Supreme Court Overrules Stoudemire and Preuss: Each Prior Felony Counts Individually Under Habitual Offender Statutes Introduction Case Title: People of the State of Michigan v. Caprese D....
Respectful Consideration Without Judicial Abdication: Reaffirming Boyer-Campbell in Rovas v. SBC Michigan

Respectful Consideration Without Judicial Abdication: Reaffirming Boyer-Campbell in Rovas v. SBC Michigan

Date: Jul 24, 2008
Respectful Consideration Without Judicial Abdication: Reaffirming Boyer-Campbell in Rovas v. SBC Michigan Introduction Rovas v. SBC Michigan, 754 N.W.2d 259 (Mich. 2008), adjudicated by the Supreme...
Establishing Original Injury Location in Tort Venue: Dimmitt Owens Financial, Inc. v. Deloitte Touche

Establishing Original Injury Location in Tort Venue: Dimmitt Owens Financial, Inc. v. Deloitte Touche

Date: Jul 10, 2008
Establishing Original Injury Location in Tort Venue: Dimmitt Owens Financial, Inc. v. Deloitte Touche Introduction In the landmark case of Dimmitt Owens Financial, Inc., and JMM Noteholder...
UFTA Applies to Property Transfers in Divorce Judgments: Michigan Supreme Court Sets New Precedent

UFTA Applies to Property Transfers in Divorce Judgments: Michigan Supreme Court Sets New Precedent

Date: Jul 3, 2008
UFTA Applies to Property Transfers in Divorce Judgments: Michigan Supreme Court Sets New Precedent Introduction In the landmark case Jan Kay Estes v. Estate of Douglas Duane Estes, decided by the...
Michigan Supreme Court Reinforces Strict Requirements for Notice of Intent in Medical Malpractice Actions

Michigan Supreme Court Reinforces Strict Requirements for Notice of Intent in Medical Malpractice Actions

Date: Jul 3, 2008
Michigan Supreme Court Reinforces Strict Requirements for Notice of Intent in Medical Malpractice Actions Introduction In the landmark case of Melissa Boodt v. Borgess Medical Center et al., decided...
Clarifying Reasonable Attorney Fees: Smith v. Khouri Establishes Structured Approach for Case-Evaluation Sanctions

Clarifying Reasonable Attorney Fees: Smith v. Khouri Establishes Structured Approach for Case-Evaluation Sanctions

Date: Jul 3, 2008
Clarifying Reasonable Attorney Fees: Smith v. Khouri Establishes Structured Approach for Case-Evaluation Sanctions Introduction In the landmark case of Kevin Smith v. Louie Khouri, 481 Mich. 519...
Exclusion of Recanting Statements in Murder Conviction: People v. Blackston

Exclusion of Recanting Statements in Murder Conviction: People v. Blackston

Date: Jun 26, 2008
Exclusion of Recanting Statements in Murder Conviction: People v. Blackston Introduction In the landmark case of People of the State of Michigan v. Junior Fred Blackston, decided by the Supreme Court...
Landlord's Duty to Maintain Common Areas: Snow and Ice Accumulation Under MCL 554.139

Landlord's Duty to Maintain Common Areas: Snow and Ice Accumulation Under MCL 554.139

Date: Jun 26, 2008
Landlord's Duty to Maintain Common Areas: Snow and Ice Accumulation Under MCL 554.139 Introduction In Irving Allison v. AEW Capital Management, L.L.P., d/b/a Sutton Place Apartments, decided by the...
Tolling of Statute of Limitations under the Servicemembers Civil Relief Act: Insights from Walters v. Nadell

Tolling of Statute of Limitations under the Servicemembers Civil Relief Act: Insights from Walters v. Nadell

Date: Jun 26, 2008
Tolling of Statute of Limitations under the Servicemembers Civil Relief Act: Insights from Walters v. Nadell Introduction In the landmark case Robert Walters v. Nathan Nadell, adjudicated by the...
Michigan Supreme Court Overrules Wilder: Dual Convictions Under Double Jeopardy Permissible When Offenses Have Distinct Elements

Michigan Supreme Court Overrules Wilder: Dual Convictions Under Double Jeopardy Permissible When Offenses Have Distinct Elements

Date: Jun 12, 2008
Michigan Supreme Court Overrules Wilder: Dual Convictions Under Double Jeopardy Permissible When Offenses Have Distinct Elements Introduction In the landmark case of People of the State of Michigan...
Assessment of Predatory Conduct under OV10 in Michigan Sentencing Guidelines

Assessment of Predatory Conduct under OV10 in Michigan Sentencing Guidelines

Date: Jun 5, 2008
Assessment of Predatory Conduct under OV10 in Michigan Sentencing Guidelines Introduction In the case of People of the State of Michigan v. Trumon Dontae Cannon, decided by the Supreme Court of...
Separate Corporate Identity Affirmed in Work-Loss Benefits Claims: Randall L. Ross v. Auto Club Group

Separate Corporate Identity Affirmed in Work-Loss Benefits Claims: Randall L. Ross v. Auto Club Group

Date: May 8, 2008
Separate Corporate Identity Affirmed in Work-Loss Benefits Claims: Randall L. Ross v. Auto Club Group Introduction In Randall L. Ross v. Auto Club Group, 748 N.W.2d 552 (2008), the Supreme Court of...
Non-Automatic Tolling of Contractual Limitation Periods in Michigan Insurance Policies

Non-Automatic Tolling of Contractual Limitation Periods in Michigan Insurance Policies

Date: Apr 24, 2008
Non-Automatic Tolling of Contractual Limitation Periods in Michigan Insurance Policies Introduction In the landmark case of Mary Ellen McDonald v. Farm Bureau Insurance Co., the Supreme Court of...
Latham v. Barton Malow Co.: Refining the Common-Work-Area Doctrine

Latham v. Barton Malow Co.: Refining the Common-Work-Area Doctrine

Date: Apr 15, 2008
Latham v. Barton Malow Co.: Refining the Common-Work-Area Doctrine Introduction DOUGLAS LATHAM, Plaintiff-Appellee, v. BARTON MALOW COMPANY, Defendant-Appellant is a pivotal case decided by the...
Yost v. People: Affirmation of Defense's Right to Present Mental Capacity and Expert Testimony

Yost v. People: Affirmation of Defense's Right to Present Mental Capacity and Expert Testimony

Date: Mar 28, 2008
Yost v. People: Affirmation of Defense's Right to Present Mental Capacity and Expert Testimony Introduction The case of People of the State of Michigan v. Donna Alice Yost, decided by the Michigan...
Establishing Reliability of Expert Testimony in Premeditated Murder Convictions: Insights from People v. Unger

Establishing Reliability of Expert Testimony in Premeditated Murder Convictions: Insights from People v. Unger

Date: Mar 21, 2008
Establishing Reliability of Expert Testimony in Premeditated Murder Convictions: Insights from People v. Unger Introduction In People v. Unger, the Michigan Court of Appeals affirmed the conviction...
Irrevocable Right of First Refusal in Lease Agreements: Insights from In re EGBERT R SMITH TRUST

Irrevocable Right of First Refusal in Lease Agreements: Insights from In re EGBERT R SMITH TRUST

Date: Mar 20, 2008
Irrevocable Right of First Refusal in Lease Agreements: Insights from In re EGBERT R SMITH TRUST Introduction The case of In re EGBERT R SMITH TRUST, adjudicated by the Supreme Court of Michigan on...
Michigan Supreme Court Establishes Statutory Exclusivity Over Common-Law Discovery Rule in Wrongful Death Actions

Michigan Supreme Court Establishes Statutory Exclusivity Over Common-Law Discovery Rule in Wrongful Death Actions

Date: Jul 26, 2007
Michigan Supreme Court Establishes Statutory Exclusivity Over Common-Law Discovery Rule in Wrongful Death Actions Introduction The case of Trentadue v. Buckler Automatic Lawn Sprinkler Company et al....
Interpretation of MCL 15.602: Radial Mile Measurement and Governmental Immunity in Residency Requirements

Interpretation of MCL 15.602: Radial Mile Measurement and Governmental Immunity in Residency Requirements

Date: Jul 19, 2007
Interpretation of MCL 15.602: Radial Mile Measurement and Governmental Immunity in Residency Requirements Introduction The case of Joseph Lash v. City of Traverse City, decided by the Supreme Court...
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