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  • Commentaries
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Michigan Case Commentaries

Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit and the Expansion of Municipal Liability under MCL 691.1402a

Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit and the Expansion of Municipal Liability under MCL 691.1402a

Date: Jun 18, 2025
Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit (Mich. 2025) Introduction In Kenneth Mann v. City of Detroit, the Michigan Supreme Court addressed whether a metal sign-post stub...
Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law”

Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law”

Date: Jun 17, 2025
Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law” Introduction In Macomb County Prosecutor v. Macomb County Executive, the Michigan...
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

Date: Jun 17, 2025
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners Introduction In Mark A. Hackel v. Macomb...
County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

Date: Jun 17, 2025
County Charter Ordinances as “Law” Authorizing Independent Counsel & the Trigger of the 60-Day UBAA Suit Period: An In-Depth Commentary on Macomb County Prosecutor v. Macomb County Executive (Mich....
Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty

Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty

Date: Jun 12, 2025
Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty Introduction This commentary examines the...
Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit

Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit

Date: Jun 12, 2025
Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit Case: Kenneth Mann v. City of Detroit Court: Michigan Supreme Court Date: June...
Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro

Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro

Date: Jun 11, 2025
Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro 1. Introduction This commentary analyses the Michigan Supreme Court’s order in Tracie Woodford v. Dan J....
No Separate Post-Treatment Concealment, No Tolling: Fraudulent-Concealment Tolling Narrowly Applied in Michigan Medical Malpractice After Woodford v. Castro

No Separate Post-Treatment Concealment, No Tolling: Fraudulent-Concealment Tolling Narrowly Applied in Michigan Medical Malpractice After Woodford v. Castro

Date: Jun 7, 2025
No Separate Post-Treatment Concealment, No Tolling: Fraudulent-Concealment Tolling Narrowly Applied in Michigan Medical Malpractice After Woodford v. Castro Introduction This commentary analyzes the...
Discretion to Apply Former Court Rules Under MCR 1.102: Reinstating Case-Evaluation Sanctions

Discretion to Apply Former Court Rules Under MCR 1.102: Reinstating Case-Evaluation Sanctions

Date: May 28, 2025
Discretion to Apply Former Court Rules Under MCR 1.102: Reinstating Case-Evaluation Sanctions Introduction In Giorgio Webster v. Dr. Jeffrey Osguthorpe, the Michigan Supreme Court addressed whether a...
Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims

Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims

Date: May 17, 2025
Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims Introduction In People of the State of Michigan v. Allen Michael Sherrill (SC: 167769; May 16, 2025),...
Reaffirming Davis: Prosecutor Bears the Burden to Rebut Serious-Effect Presumption in Forfeited Public-Trial Claims

Reaffirming Davis: Prosecutor Bears the Burden to Rebut Serious-Effect Presumption in Forfeited Public-Trial Claims

Date: May 17, 2025
Reaffirming Davis: Prosecutor Bears the Burden to Rebut Serious-Effect Presumption in Forfeited Public-Trial Claims Introduction In People of Michigan v. Allen Michael Sherrill, the Michigan Supreme...
“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167

“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167

Date: May 10, 2025
“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167 Introduction In Soho Land Development, Inc. v....
Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants

Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants

Date: May 10, 2025
Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants 1. Introduction In People of the State of Michigan v. Jason Lee Fedewa (Sup. Ct. Mich., May 9, 2025), the...
No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus

No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus

Date: May 10, 2025
No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus Introduction This commentary...
As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

Date: May 10, 2025
As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition Introduction In Soho Land Development, Inc. v. Oakland County Treasurer, Michigan Supreme Court No. 168022 (May...
No larceny-by-conversion for contractor deposits absent specific earmarking or trust: People v. Clinton (Mich. 2025)

No larceny-by-conversion for contractor deposits absent specific earmarking or trust: People v. Clinton (Mich. 2025)

Date: May 8, 2025
No larceny-by-conversion for contractor deposits absent specific earmarking or trust: People v. Clinton (Mich. 2025) Introduction In People of the State of Michigan v. Christopher Robert Clinton, the...
Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles

Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles

Date: May 8, 2025
Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles Introduction This commentary examines the Michigan Supreme Court’s decision in People of the State of...
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702

Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702

Date: May 3, 2025
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702 Introduction The Michigan Supreme Court’s May 2, 2025 order in People of the State of Michigan v. Juan Jose Del...
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Date: May 3, 2025
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements Introduction In the matter In re T. Hewitt, Minor, the Michigan Supreme Court, by a...
Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)

Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)

Date: May 3, 2025
Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)...
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