Trial Lawyers’ Bottom Line: The statute, MCL 380.1230b, completely immunizes a school from having its required disclosures entered as evidence against the school in any action.
Trial-Lawyers’ Bottom Line: A party can't claim failure of consideration when it seeks to void the contract on the basis of an event explicitly contemplated by the contract. In addition, restrictive covenants between businesses are governed by federal interpretation of the rule of reason as directed by MARA.
Trial Lawyers’ Bottom Line: Mere photos after the fact are not enough. An affidavit or expert testimony is needed to create inference that photos represent the sidewalk at the relevant time.
Trial Lawyers’ Bottom Line: Photos and affidavit of road’s history survive summary disposition for highway exception case. And conclusory affidavits are insufficient to support motion for summary disposition.
Trial Lawyers’ Bottom Line: For purposes of Michigan’s resisting arrest statute, a police officer is someone who is (1) trained and (2) entrusted by the government to (3) maintain peace and public order.
Trial Lawyers' Bottom Line: SORA creates three separate offenses, so a court can use HOA to sentence a SORA-2 offender to 1.5-times the maximum sentence.Court suggests HOA can be used for any statutory scheme with sentence enhancements for repeat offenders, unless there's an explicit carveout.