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  • Commentaries
  • Judgments

Michigan Case Commentaries

When Harmless Error Is Not Harmless: Michigan Supreme Court Limits Reliance on Juror-Instruction Presumptions Where Exclusion of Core Defense Testimony and Instructional Ambiguity Converge

When Harmless Error Is Not Harmless: Michigan Supreme Court Limits Reliance on Juror-Instruction Presumptions Where Exclusion of Core Defense Testimony and Instructional Ambiguity Converge

Date: Mar 29, 2025
When Harmless Error Is Not Harmless: Michigan Supreme Court Limits Reliance on Juror-Instruction Presumptions Where Exclusion of Core Defense Testimony and Instructional Ambiguity Converge...
No Duty to Renegotiate: Michigan Supreme Court Confirms the Implied Covenant Cannot Override an Express Pricing Formula or Create a Duty to Negotiate (“Unless Otherwise Agreed”) — Kircher v. Boyne USA, Inc. (2025)

No Duty to Renegotiate: Michigan Supreme Court Confirms the Implied Covenant Cannot Override an Express Pricing Formula or Create a Duty to Negotiate (“Unless Otherwise Agreed”) — Kircher v. Boyne USA, Inc. (2025)

Date: Mar 28, 2025
No Duty to Renegotiate: Michigan Supreme Court Confirms the Implied Covenant Cannot Override an Express Pricing Formula or Create a Duty to Negotiate (“Unless Otherwise Agreed”) — Kircher v. Boyne...
Board-of-Review Protest Is Jurisdictional for Tax Tribunal Appeals: Michigan Supreme Court Partially Overrules Parkview and Clarifies Due Process in EMPP Denials

Board-of-Review Protest Is Jurisdictional for Tax Tribunal Appeals: Michigan Supreme Court Partially Overrules Parkview and Clarifies Due Process in EMPP Denials

Date: Mar 27, 2025
Board-of-Review Protest Is Jurisdictional for Tax Tribunal Appeals: Michigan Supreme Court Partially Overrules Parkview and Clarifies Due Process in EMPP Denials Introduction In Sixarp LLC v....
Examinations Are “Proceedings,” Not Tolling Events, Under Michigan’s Unclaimed Property Act

Examinations Are “Proceedings,” Not Tolling Events, Under Michigan’s Unclaimed Property Act

Date: Mar 25, 2025
Examinations Are “Proceedings,” Not Tolling Events, Under Michigan’s Unclaimed Property Act Introduction In a unanimous decision authored by Justice Welch, the Supreme Court of Michigan resolved a...
Examinations Are “Proceedings” Under Michigan’s UUPA, But Do Not Toll the Statute of Limitations; Post‑Examination Duty Question Remanded

Examinations Are “Proceedings” Under Michigan’s UUPA, But Do Not Toll the Statute of Limitations; Post‑Examination Duty Question Remanded

Date: Mar 25, 2025
Examinations Are “Proceedings” Under Michigan’s UUPA, But Do Not Toll the Statute of Limitations; Post‑Examination Duty Question Remanded Introduction This consolidated Michigan Supreme Court...
Revisiting Sentencing Discretion: Limiting the Aggravation of Family History in Criminal Punishment

Revisiting Sentencing Discretion: Limiting the Aggravation of Family History in Criminal Punishment

Date: Mar 13, 2025
Revisiting Sentencing Discretion: Limiting the Aggravation of Family History in Criminal Punishment Introduction The Judgment in People of the State of Michigan v. Ryan Ray Deweerd presents a...
Expanding Vicarious Liability: The Distinction Between Release and Covenant Not to Sue Revisited

Expanding Vicarious Liability: The Distinction Between Release and Covenant Not to Sue Revisited

Date: Mar 11, 2025
Expanding Vicarious Liability: The Distinction Between Release and Covenant Not to Sue Revisited Introduction The Judgment in HEATHER MALONE v. CONOR THOMPSON McRELL, ZHETMAN BRIGHTON, LC, and...
Designation of Franchise Fees as Unauthorized Taxes under the Headlee Amendment: Heos v. City of East Lansing

Designation of Franchise Fees as Unauthorized Taxes under the Headlee Amendment: Heos v. City of East Lansing

Date: Feb 7, 2025
Designation of Franchise Fees as Unauthorized Taxes under the Headlee Amendment: Heos v. City of East Lansing Introduction In the landmark case of Heos v. City of East Lansing, the Supreme Court of...
Michigan Supreme Court Upholds Utility Installation Rights in NSRC v. Metro Fibernet

Michigan Supreme Court Upholds Utility Installation Rights in NSRC v. Metro Fibernet

Date: Jan 31, 2025
Michigan Supreme Court Upholds Utility Installation Rights in Norfolk Southern Railway Co. v. Metro Fibernet, LLC Introduction The Michigan Supreme Court recently addressed a pivotal case involving...
Michigan Supreme Court Denies Proportionality Review in Embezzlement Case

Michigan Supreme Court Denies Proportionality Review in Embezzlement Case

Date: Jan 31, 2025
Michigan Supreme Court Denies Proportionality Review in Embezzlement Case Introduction In the case of People of the State of Michigan v. Kylie June Carr, the Supreme Court of Michigan addressed the...
Establishing a Racially Hostile Work Environment through Supervisory Conduct: Insights from Jones v. FCA U.S. LLC

Establishing a Racially Hostile Work Environment through Supervisory Conduct: Insights from Jones v. FCA U.S. LLC

Date: Jan 31, 2025
Establishing a Racially Hostile Work Environment through Supervisory Conduct: Insights from Jones v. FCA U.S. LLC Introduction In the landmark case of Randy Jones v. FCA U.S. LLC, the Supreme Court...
Defining "Security" under Michigan's Uniform Securities Act: Insights from LA Developers, LLC v. Department of Licensing

Defining "Security" under Michigan's Uniform Securities Act: Insights from LA Developers, LLC v. Department of Licensing

Date: Jan 23, 2025
Defining "Security" under Michigan's Uniform Securities Act: Insights from LA Developers, LLC v. Department of Licensing Introduction In the landmark case of LA Developers, LLC and David Byker v....
Michigan Supreme Court Establishes Enhanced Standards for Summary Disposition in Negligence Cases

Michigan Supreme Court Establishes Enhanced Standards for Summary Disposition in Negligence Cases

Date: Dec 31, 2024
Michigan Supreme Court Establishes Enhanced Standards for Summary Disposition in Negligence Cases Introduction The case of Mark Goss and Christy Goss v. Department of Natural Resources and Estate of...
Personal Armament Requirement Affirmed for Juvenile Automatic Waiver under MCL 764.1f(2)(b) in People v. Oslund

Personal Armament Requirement Affirmed for Juvenile Automatic Waiver under MCL 764.1f(2)(b) in People v. Oslund

Date: Dec 31, 2024
Personal Armament Requirement Affirmed for Juvenile Automatic Waiver under MCL 764.1f(2)(b) in People v. Oslund Introduction The case of People v. Oslund marks a significant decision by the Supreme...
Michigan Supreme Court Upholds Concurrent Convictions Under AWIGBH and Felonious Assault Statutes

Michigan Supreme Court Upholds Concurrent Convictions Under AWIGBH and Felonious Assault Statutes

Date: Dec 31, 2024
Michigan Supreme Court Upholds Concurrent Convictions Under AWIGBH and Felonious Assault Statutes Introduction In the landmark case of People of the State of Michigan v. Benjamin Keith McKewen, the...
Double Jeopardy Protections Strengthened in *People v. Gardner*

Double Jeopardy Protections Strengthened in *People v. Gardner*

Date: Dec 31, 2024
Double Jeopardy Protections Strengthened in People v. Gardner Introduction In the landmark case of People of the State of Michigan v. Christian Andrew Gardner, decided on December 26, 2024, the...
Classification of Municipal Charges: Midwest Valve & Fitting Co. v. City of Detroit Establishes Rigorous Criteria for Distinguishing Taxes from Fees

Classification of Municipal Charges: Midwest Valve & Fitting Co. v. City of Detroit Establishes Rigorous Criteria for Distinguishing Taxes from Fees

Date: Dec 31, 2024
Classification of Municipal Charges: Midwest Valve & Fitting Co. v. City of Detroit Establishes Rigorous Criteria for Distinguishing Taxes from Fees Introduction The case of Midwest Valve & Fitting...
Michigan Supreme Court Establishes Double Jeopardy Protections Against Multiple Punishments for Involuntary Manslaughter and Reckless Driving Causing Death

Michigan Supreme Court Establishes Double Jeopardy Protections Against Multiple Punishments for Involuntary Manslaughter and Reckless Driving Causing Death

Date: Dec 31, 2024
Michigan Supreme Court Establishes Double Jeopardy Protections Against Multiple Punishments for Involuntary Manslaughter and Reckless Driving Causing Death Introduction The case of People of the...
Michigan Supreme Court Establishes Recovery of Mitigation Attorney Fees in Legal Malpractice under the American Rule

Michigan Supreme Court Establishes Recovery of Mitigation Attorney Fees in Legal Malpractice under the American Rule

Date: Dec 31, 2024
Michigan Supreme Court Establishes Recovery of Mitigation Attorney Fees in Legal Malpractice under the American Rule Introduction In the landmark case of Hark Orchids, LP v. Buie, the Supreme Court...
Michigan Supreme Court Sets Boundaries on COVID-19 Tolling of Statute of Limitations in Medical Malpractice

Michigan Supreme Court Sets Boundaries on COVID-19 Tolling of Statute of Limitations in Medical Malpractice

Date: Dec 26, 2024
Michigan Supreme Court Sets Boundaries on COVID-19 Tolling of Statute of Limitations in Medical Malpractice Introduction In the case of Stacey L. Linstrom and Doug Linstrom v. Trinity...
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