Michigan Case Commentaries

Reaffirming Individual Best Interests in Termination of Parental Rights: In re OLIVE/METTS MINORS

Date: Jun 6, 2012

Reaffirming Individual Best Interests in Termination of Parental Rights: In re OLIVE/METTS MINORS Introduction The case In re OLIVE/METTS MINORS (297 Mich. App. 35), adjudicated by the Court of...

Enforcement of Explicit Notice Provisions in Insurance Policies: Insights from DEFRAIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Date: May 31, 2012

Enforcement of Explicit Notice Provisions in Insurance Policies: Insights from DEFRAIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Introduction The case of DEFRAIN v. STATE FARM MUTUAL...

Mandatory Lifetime Electronic Monitoring Must Be Disclosed at Plea Hearings – People v. Cole

Date: May 26, 2012

Mandatory Lifetime Electronic Monitoring Must Be Disclosed at Plea Hearings – People v. Cole Introduction In the landmark case of People v. Cole, the Supreme Court of Michigan addressed a critical...

Waiver of Confrontation Rights and Video Testimony in PEOPLE v. BUIE

Date: May 25, 2012

Waiver of Confrontation Rights and Video Testimony in PEOPLE v. BUIE Introduction PEOPLE v. BUIE, 491 Mich. 294 (2012), is a landmark decision by the Supreme Court of Michigan that addressed the...

Reaffirmation of the Cress Test: PEOPLE v. RAO and Its Implications for Newly Discovered Evidence

Date: May 18, 2012

Reaffirmation of the Cress Test: PEOPLE v. RAO and Its Implications for Newly Discovered Evidence Introduction PEOPLE v. RAO (491 Mich. 271), adjudicated by the Supreme Court of Michigan on May 17,...

Supreme Court of Michigan Reinstates Cameron: Clarifying the Interaction Between MCL 600.5851(1) and MCL 500.3145(1)

Date: May 16, 2012

Supreme Court of Michigan Reinstates Cameron: Clarifying the Interaction Between MCL 600.5851(1) and MCL 500.3145(1) Introduction In the landmark case of Doreen JOSEPH, Plaintiff–Appellee, v. AUTO...

Michigan Supreme Court Abolishes “Imperfect Self-Defense” as a Freestanding Defense in Homicide Cases – PEOPLE v. REESE

Date: May 15, 2012

Michigan Supreme Court Abolishes “Imperfect Self-Defense” as a Freestanding Defense in Homicide Cases – PEOPLE v. REESE Introduction In PEOPLE v. REESE, 491 Mich. 127 (2012), the Michigan Supreme...

Preservation of Common-Law Rights to Resist Unlawful Police Conduct in PEOPLE v. MORENO

Date: Apr 21, 2012

Preservation of Common-Law Rights to Resist Unlawful Police Conduct in PEOPLE v. MORENO Introduction PEOPLE v. MORENO, 491 Mich. 38 (2012), is a pivotal case decided by the Supreme Court of Michigan...

Ineffective Assistance of Counsel: Failure to Admit Crucial Evidence Leading to Reversal in PEOPLE v. ARMSTRONG

Date: Oct 27, 2011

Ineffective Assistance of Counsel: Failure to Admit Crucial Evidence Leading to Reversal in PEOPLE v. ARMSTRONG Introduction In PEOPLE v. ARMSTRONG, 490 Mich. 281 (2011), the Supreme Court of...

Termination of Parental Rights in Cases of Parental Sexual Abuse: Analysis of In re HUDSON

Date: Oct 12, 2011

Termination of Parental Rights in Cases of Parental Sexual Abuse: Analysis of In re HUDSON Introduction The case of In re HUDSON (294 Mich. App. 261), adjudicated by the Court of Appeals of Michigan...

Michigan Supreme Court Establishes Strict Compliance for Notice of Intent in Medical Malpractice Claims

Date: Aug 2, 2011

Michigan Supreme Court Establishes Strict Compliance for Notice of Intent in Medical Malpractice Claims Introduction Driver v. Naini, 490 Mich. 239 (2011) is a pivotal decision by the Supreme Court...

Michigan Supreme Court Overrules Champion: Limits Employer Liability for Employee's Unforeseeable Quid Pro Quo Sexual Harassment in Public Services

Date: Jul 30, 2011

Michigan Supreme Court Overrules Champion: Limits Employer Liability for Employee's Unforeseeable Quid Pro Quo Sexual Harassment in Public Services Introduction In the landmark case of Tara Katherine...

Establishing the Necessity of Objective Evidence in Coverage for Experimental Medical Procedures under MCL 500.3107(1)(a) – Krohn v. Home-Owners Insurance Company

Date: Jul 30, 2011

Establishing the Necessity of Objective Evidence in Coverage for Experimental Medical Procedures under MCL 500.3107(1)(a) – Krohn v. Home-Owners Insurance Company Introduction Krohn v. Home-Owners...

Accosting a Minor Under MCL 750.145a: Jury Instruction Standards and Waiver of Error in PEOPLE v. KOWALSKI

Date: Jul 27, 2011

Accosting a Minor Under MCL 750.145a: Jury Instruction Standards and Waiver of Error in PEOPLE v. KOWALSKI Introduction PEOPLE v. KOWALSKI is a landmark case decided by the Supreme Court of Michigan...

In re VanDalen: Establishing Precedents in Parental Rights Termination for Child Safety

Date: Jun 17, 2011

In re VanDalen: Establishing Precedents in Parental Rights Termination for Child Safety Introduction The case of In re VanDalen (809 N.W.2d 412) adjudicated by the Court of Appeals of Michigan on...

Contractual Obligations Do Not Exempt From Tort Duties to Third Parties: LOWEKE v. Ann Arbor Ceiling Partition Co., LLC.

Date: Jun 7, 2011

Contractual Obligations Do Not Exempt From Tort Duties to Third Parties: LOWEKE v. Ann Arbor Ceiling Partition Co., LLC. Introduction In the landmark case of LOWEKE v. Ann Arbor Ceiling Partition...

Conveyance Without Written Instrument: Klooster v. Charlevoix Establishes Key Precedents under Michigan GPTA

Date: Mar 11, 2011

Conveyance Definition under Michigan GPTA: Klooster v. Charlevoix Establishes Non-Written Conveyances and Joint-Tenancy Exceptions Introduction Klooster v. Charlevoix, 488 Mich. 289 (2011), is a...

Clarifying the Standards for Aiding and Abetting First-Degree Murder: Insights from PEOPLE v. BENNETT and People v. Benson

Date: Nov 3, 2010

Clarifying the Standards for Aiding and Abetting First-Degree Murder: Insights from PEOPLE v. BENNETT and People v. Benson Introduction Case: People of the State of Michigan, Plaintiff-Appellee, v....

Double Jeopardy Protections Reinforced in People v. Szalma

Date: Aug 27, 2010

Double Jeopardy Protections Reinforced in People v. Szalma Introduction People v. Szalma, 487 Mich. 708 (2010), is a pivotal case decided by the Supreme Court of Michigan that significantly impacts...

Shay v. Aldrich: Michigan Supreme Court Establishes New Precedent on Striking Redundant Pleadings

Date: Aug 24, 2010

Shay v. Aldrich: Michigan Supreme Court Establishes New Precedent on Striking Redundant Pleadings Introduction In the landmark case of Shay v. Aldrich, decided by the Supreme Court of Michigan on...