Michigan Case Commentaries

Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield

Date: Jul 4, 2025

Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield Introduction This commentary analyzes the...

Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap

Date: Jul 4, 2025

Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap Introduction This commentary...

Cumulative Conveyances Trigger Uncapping: Michigan Supreme Court Endorses Gross-Transfer Counting for Entity-Owned Property Under MCL 211.27a(6)(h)

Date: Jul 3, 2025

Cumulative Conveyances Trigger Uncapping: Michigan Supreme Court Endorses Gross-Transfer Counting for Entity-Owned Property Under MCL 211.27a(6)(h) Introduction In Resort Properties Co-Operative v....

Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v. Progressive

Date: Jul 3, 2025

Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v....

Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure

Date: Jun 28, 2025

Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure Introduction This...

Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Date: Jun 28, 2025

Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries 1. Introduction The consolidated matters of People of...

Within-Guidelines Sentences Are Not Inherently Reasonable: Welch, J., Urges Limits on Speculative Conduct and a Meaningful Proportionality Review in People v. McSorley

Date: Jun 21, 2025

Within-Guidelines Sentences Are Not Inherently Reasonable: Welch, J., Urges Limits on Speculative Conduct and a Meaningful Proportionality Review in People v. McSorley Introduction In People of...

Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for Within-Guidelines Sentences – Comment on People v. McSorley

Date: Jun 21, 2025

Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for Within-Guidelines Sentences – Comment on People of Michigan v. Troy Cameron McSorley 1....

McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

Date: Jun 18, 2025

McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation 1. Introduction In Estate of William Howard...

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”

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

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)

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

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

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

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

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

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

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

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...