55 results for 'court:"Michigan Court of Appeals"'.
Per curiam, the court of appeals finds that the lower court properly granted the township summary judgment in claims seeking a voter referendum regarding the decision to grant a developer a rezoning ordinance because technical deficiencies contained in the petition were cured when voters rejected the ordinance. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 367925, Categories: Civil Procedure, Municipal Law, Zoning
Per curiam, the court of appeals finds that an insurer was improperly denied summary judgment in claims seeking personal protection insurance benefits under Michigan's no-fault act because the benefits exceeded fee schedule provisions outlined in MCL 500.3157. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 362739, Categories: Insurance
J. Markey finds that a trust executed by a husband during divorce proceedings in which he disinherited his wife was rendered void upon his death because the trust held marital assets that would have otherwise been equitably divided in divorce proceedings had the husband survived until entry of judgment. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Markey, Filed On: April 4, 2024, Case #: 362112, Categories: Trusts, Wills / Probate
J. Borrello finds that an insurer was properly denied summary judgement in claims a widow brought after a semi-truck crashed into a divider, crushing and killing its passenger, because the insurer provided coverage to the truck driver's employer. Affirmed.
Court: Michigan Court of Appeals, Judge: Borrello, Filed On: February 8, 2024, Case #: 361674, Categories: Insurance
J. Redford finds for the seller of a student housing complex in claims contending the seller misrepresented the physical and financial condition of the property because the buyer had been provided, but chose to ignore, documentation regarding the physical condition of the property and its financial status prior to purchase. Affirmed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: February 8, 2024, Case #: 361299, Categories: Fraud, Property, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Murray finds that the department of technology, management, and budget neither violated the separation of powers doctrine nor the Administrative Procedures Act of 1969 upon enacting a prevailing wage requirement because the policy constituted a proper exercise of discretionary authority under the Michigan Management and Budget Act. Affirmed.
Court: Michigan Court of Appeals, Judge: Murray, Filed On: February 1, 2024, Case #: 363601, Categories: Administrative Law
Per curiam, the court of appeals finds that the road commission was improperly granted summary judgment in quiet title claims concerning an unimproved road because the road was decertified in 1970 and had been abandoned by the county for at least 15 years. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: January 25, 2024, Case #: 364152, Categories: Property
J. Garrett finds that a surrendered newborn child was properly placed with prospective adoptive parents because the mother gave the baby up at birth and the legally identified father could not provide care for the child. Affirmed.
Court: Michigan Court of Appeals, Judge: Garrett, Filed On: January 25, 2024, Case #: 366773, Categories: Family Law
J. Redford finds that an insurer was improperly granted summary judgment in wrongful death claims brought after both the insured and another driver died in a collision. The policy limited coverage to $250,000 minimums, rather than $50,000 per each alteration to the no-fault act that went into effect in July 2020, and the at-fault driver had not chosen coverage before the policy was issued. Reversed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: January 25, 2024, Case #: 363755, Categories: Insurance, Wrongful Death
Per curiam, the court of appeals finds that Indiana Michigan Power was properly denied a portion of cost recovery associated with a power-purchase agreement executed in 1952 and extended in 2004 and 2010 because the Michigan Public Service Commission correctly applied a code of conduct to the agreement in arguing that Michigan Power had not apprised it of a power agreement with an affiliate provider. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: January 18, 2024, Case #: 365180, Categories: Contract
[Consolidated.] J. Cavanagh finds that a condominium association was properly held not liable in claims contending plaintiff tripped and fell on frayed carpet while entering a unit because plaintiff knew the carpet posed a tripping hazard before entering. However, the unit owner may have been liable for failing to repair dangerous flooring before renting to plaintiff. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Cavanagh, Filed On: January 4, 2024, Case #: 364809, Categories: Premises Liability
J. Hood upholds the decision awarding an insurer summary judgment in claims seeking coverage for an accident in which a vehicle driven by the insured's son collided with a motorcycle because the mother was not required to seek her minor son’s authority upon selecting lower liability coverage, since he was underaged family member covered under the policy. Affirmed.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: January 4, 2024, Case #: 364569, Categories: Insurance
J. Gadola finds that the city was properly granted summary judgment after plaintiff tripped and fell while walking in the street because her filing did not specify the nature of her injuries, describe the defect in the road with specificity, or identify its exact location, and she failed to name her son as a witness. Affirmed.
Court: Michigan Court of Appeals, Judge: Gadola, Filed On: January 4, 2024, Case #: 364734, Categories: Negligence
Per curiam, the court of appeals enforces an arbitration award in claims brought after a trooper was fired for sexually assaulting her co-workers at an industry event because the arbitrator had the power to determine the trooper had been fired without just cause instead of finding that she had been disciplined with an unpaid suspension. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: December 28, 2023, Case #: 363241, Categories: Arbitration, Employment
[Consolidated.] Per curiam, the court of appeals finds that voters' request should be denied in seeking to disqualify Donald Trump from being placed on the Michigan ballot for the 2024 presidential election on grounds that he violated the insurrection clause of the 14th Amendment because the issue is not ripe for review since he must first prevail in the nationwide primary process and win the republican nomination. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: December 14, 2023, Case #: 368615, Categories: Civil Procedure, Elections
J. Hood finds for a mental health organization after a client with cerebral palsy and other diagnoses was initially denied Medicaid-funded services because the organization eventually provided the services during the appeal process, rendering the issue moot. However, damages for past noncompliance may be litigated. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: December 7, 2023, Case #: 363697, Categories: Civil Procedure, Medicaid
[Consolidated.] J. Gadola finds for a self-storage company brought after an organization leased the right to erect a billboard on the company's property. The five-year lease had expired since the storage company neither received a renewal letter nor a check for payment that the organization falsely claimed had been sent for the purpose of extending the lease. Affirmed.
Court: Michigan Court of Appeals, Judge: Gadola, Filed On: December 7, 2023, Case #: 359082, Categories: Contract
J. Gadola finds that the lower court properly ruled for a kennel owner and the township by holding that the kennel's neighbors were not entitled to special damages in this nuisance action since other residents also objected to the kennel. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Gadola, Filed On: November 21, 2023, Case #: 362192, Categories: Damages, Negligence
J. Rick finds that a writ of garnishment entered against insurers was improperly dismissed in claims seeking the total amount of judgment awarded to an employee whose hand and arm had been mangled at work because damages stemming from the bad faith refusal to settle the dispute are subject to garnishment per Frankenmuth Mutual Insurance. v Keeley. Reversed in part.
Court: Michigan Court of Appeals, Judge: Rick, Filed On: November 21, 2023, Case #: 363030, Categories: Insurance, Damages
J. Yates finds that the trial court properly dismissed claims contending recall efforts aimed at two members of a local school board were stymied by the county clerk's refusal to approve petition signatures or to schedule an election because the clerk had authority to check the genuineness of the signatures and had no legal duty to count signatures that had been rejected for lack of genuineness.
Court: Michigan Court of Appeals, Judge: Yates, Filed On: October 19, 2023, Case #: 365187, Categories: Civil Procedure, Elections
J. Hood finds that the lower court should have held that actions in which a husband's trust funded a supplemental care trust constituted a payment made for the benefit of plaintiff, an "institutionalized spouse," in claims seeking Medicaid benefits following the husband's death. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: October 19, 2023, Case #: 356756, Categories: Civil Procedure, Medicaid, Trusts
Per curiam, the court of appeals remands claims seeking coverage for injuries sustained in a car collision when treatment costs exceeded personal protection insurance because a document with a name typed on it does not, by itself, establish that a person electronically signed the document in accordance with the state uniform electronic transactions act. Thus, coverage limits remained in question.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 363486, Categories: Insurance
Per curiam, the court of appeals finds that the department of treasury was properly granted summary judgment after the developer of an oncology pharmaceutical was found delinquent on corporate taxes because the company did not meet the definition of “industrial processor" and had not engaged in experimental research since its work did not change the composition of pharmaceutical products.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 362431, Categories: Tax
Per curiam, the court of appeals finds that the lower court improperly found for the county in class claims brought when homeowners lost their property after falling delinquent on property tax because the county took title to the properties without paying just compensation for equity held therein.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 361397, Categories: Property, Tax, Foreclosure