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.
Read MoreTrial Lawyers' Bottom Line: Absent contrary intent, CBA creates non-vested benefits that can be modified by later CBAs for earlier retirees.
Read MoreTrial-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.
Read MoreThe Michigan Supreme Court is the first court to use corpus linguistics.
Read MoreTrial Lawyers’ Bottom Line: Under the PPPA, a person must pay money to “rent” media and must be forced to return media to “borrow” it.
Read MoreTrial 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.
Read MoreTrial 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.
Read MoreTrial Lawyers' Bottom Line: Forgery requires specific intent; signing another's name on an election petition does not.
Read MoreTrial 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.
Read MoreTrial Lawyers’ Bottom Line: right to possession determines what is “property of another” for larceny.
Read MoreTrial Lawyers’ Bottom Line: The DLEOA protects both truthful and untruthful involuntary statements from being used against officers in a later trial.
Read MoreTrial 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.
Read MoreTrial Lawyers’ Bottom Line: If an arbitration agreement lists a firm/company as a party, the agreement extends to the agents of that firm/company.
Read MoreTrial Attorneys’ Bottom Line: The amount of damages listed in the prayer for relief determines jurisdiction.
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