Michigan Case Commentaries

Clear Contract Language Supersedes Past Practices in Collective Bargaining Agreements

Date: Jul 17, 1996

Clear Contract Language Supersedes Past Practices in Collective Bargaining Agreements Introduction Port Huron Education Association v Port Huron Area School District (452 Mich. 309, 1996) is a...

Expanding Duty to Defend in Environmental CERCLA Claims: Insights from AMERICAN BUMPER v. HARTFORD FIRE Insurance

Date: Jul 17, 1996

Expanding Duty to Defend in Environmental CERCLA Claims: Insights from AMERICAN BUMPER v. HARTFORD FIRE Insurance Introduction The case of American Bumper and Manufacturing Company v. Hartford Fire...

Establishing the 'Plain Feel' Exception: An Analysis of People v Champion

Date: Jul 3, 1996

Establishing the 'Plain Feel' Exception: An Analysis of People v Champion (452 Mich. 92) Introduction People v Champion is a seminal decision by the Supreme Court of Michigan, adjudicated on July 2,...

People v Bailey: Clarifying Lesser Included Offense Instructions in Second-Degree Murder Cases

Date: Jun 19, 1996

People v Bailey: Clarifying Lesser Included Offense Instructions in Second-Degree Murder Cases 1. Introduction People v Bailey (451 Mich. 657, 1996) is a pivotal case decided by the Supreme Court of...

Cain v. Department of Corrections: Supreme Court of Michigan Clarifies Standards for Judicial Disqualification

Date: May 22, 1996

Cain v. Department of Corrections: Supreme Court of Michigan Clarifies Standards for Judicial Disqualification Introduction Cain v. Department of Corrections (451 Mich. 470, 1996) represents a...

Rebuttal Evidence Admission and Harmless Error: People v. Figgures

Date: May 22, 1996

Rebuttal Evidence Admission and Harmless Error: People v. Figgures Introduction People v. Figgures (451 Mich. 390), adjudicated by the Supreme Court of Michigan on May 21, 1996, addresses critical...

Affirmation of Summary Disposition for Hostile Work Environment Claims in Quinto v. Cross and Peters Company

Date: May 15, 1996

Affirmation of Summary Disposition for Hostile Work Environment Claims in Quinto v. Cross and Peters Company Introduction Quinto v. Cross and Peters Company is a pivotal case adjudicated by the...

Governmental Immunity and the Hospital Exception: Insights from Tryc v Michigan Veterans' Facility

Date: Apr 4, 1996

Governmental Immunity and the Hospital Exception: Insights from Tryc v Michigan Veterans' Facility Introduction Tryc v Michigan Veterans' Facility (451 Mich. 129) is a landmark decision by the...

Clarifying Expert Testimony in Child Sexual Abuse Cases: Michigan Supreme Court's Decision in People v Peterson and People v Smith

Date: Aug 23, 1995

Clarifying Expert Testimony in Child Sexual Abuse Cases: Michigan Supreme Court's Decision in People v Peterson and People v Smith Introduction The Michigan Supreme Court, in the consolidated cases...

Reaffirming the Admissibility of Graphic Evidence and Limiting Jury Instructions: People v. Mills

Date: Aug 16, 1995

Reaffirming the Admissibility of Graphic Evidence and Limiting Jury Instructions: People v. Mills Introduction In People v. Mills People v. Camilli (Supreme Court of Michigan, 1995), the court...

Seasword v. Hilti, Inc.: Affirmation of Existing Seller Liability Theories in Michigan

Date: Aug 16, 1995

Seasword v. Hilti, Inc.: Affirmation of Existing Seller Liability Theories in Michigan Introduction The case of Seasword v. Hilti, Inc. (Supreme Court of Michigan, 1995) addresses the liability of...

Defining Duty of Care in Open and Obvious Premises Liability: Insights from Bertrand v. Alan Ford, Inc. and Maurer v. Oakland County Parks and Recreation Department

Date: Aug 16, 1995

Defining Duty of Care in Open and Obvious Premises Liability: Insights from Bertrand v. Alan Ford, Inc. and Maurer v. Oakland County Parks and Recreation Department Introduction The Supreme Court of...

The Wrongful-Conduct Rule Applied: ORZEL v. SCOTT DRUG COMPANY

Date: Aug 16, 1995

The Wrongful-Conduct Rule Applied: ORZEL v. SCOTT DRUG COMPANY Introduction ORZEL v. SCOTT DRUG COMPANY, decided by the Supreme Court of Michigan on August 15, 1995, is a landmark case that...

PEOPLE v. REED: Establishing Strickland-Based 'Cause' Standards for Procedural Default in MCR 6.508 Postconviction Relief

Date: Jul 26, 1995

PEOPLE v. REED: Establishing Strickland-Based 'Cause' Standards for Procedural Default in MCR 6.508 Postconviction Relief Introduction PEOPLE v. REED, 449 Mich. 375 (1995), adjudicated by the Supreme...

Residence Requirement in Homeowner's Insurance Policies: Insights from HENISER v FRANKENMUTH

Date: Jul 7, 1995

Residence Requirement in Homeowner's Insurance Policies: Insights from HENISER v FRANKENMUTH MUTUAL INSURANCE COMPANY Introduction The case of Heniser v Frankenmuth Mutual Insurance Company addresses...

Defining the Limits of Attorney Duty: SIMKO v. BLAKE and the Standard of Reasonable Competence

Date: May 24, 1995

Defining the Limits of Attorney Duty: SIMKO v. BLAKE and the Standard of Reasonable Competence Introduction SIMKO v. BLAKE, 448 Mich. 648 (1995), is a landmark case adjudicated by the Supreme Court...

Collateral Estoppel and Administrative Decisions in Discrimination Claims: The Nummer v. Department of Treasury Ruling

Date: May 3, 1995

Collateral Estoppel and Administrative Decisions in Discrimination Claims: The Nummer v. Department of Treasury Ruling Introduction Nummer v. Department of Treasury (448 Mich. 534) is a pivotal case...

PEOPLE v. BAHODA: Establishing Boundaries for Prosecutorial Misconduct and Fair Trial Rights

Date: Mar 23, 1995

PEOPLE v. BAHODA: Establishing Boundaries for Prosecutorial Misconduct and Fair Trial Rights Introduction PEOPLE v. BAHODA, 448 Mich. 261 (1995), is a landmark decision by the Supreme Court of...

Imputing Predecessor Contacts to Successor Corporations for Personal Jurisdiction

Date: Mar 16, 1995

Imputing Predecessor Contacts to Successor Corporations for Personal Jurisdiction Introduction JEFFREY v RAPID AMERICAN CORPORATION, 448 Mich. 178 (1995), adjudicated by the Supreme Court of...

Enforcing Choice of Law in Indemnification Clauses: Insights from Chrysler Corporation v Skyline Industrial Services, Inc.

Date: Mar 8, 1995

Enforcing Choice of Law in Indemnification Clauses: Insights from Chrysler Corporation v. Skyline Industrial Services, Inc. Introduction Chrysler Corporation v. Skyline Industrial Services, Inc. is a...

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