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MSC Disagrees On Common Work Area Doctrine In Negligence Case
Thursday, July 18, 2024

A split Michigan Supreme Court in a Thursday opinion reversed a Court of Appeals decision granting summary judgment to a subcontractor in a worker negligence case, with the majority ruling questions of fact remained while conservative justices said the common work area doctrine didn't actually apply in the case.

High Court: Judge-To-Prosecutor Private Emails Didn't Warrant New Trial
Tuesday, July 16, 2024

A trial judge's private emails with a prosecutor regarding the details of a criminal sexual conduct case violated the Michigan Code of Judicial Conduct, but the violation did not warrant a new trial, a split Supreme Court ruled Tuesday.

MSC Rules Evidentiary Hearing Needed To Decide If Plea Was Voluntary
Friday, July 12, 2024

When a court record raises a question of fact regarding the voluntariness of a plea agreement, a trial court must hold an evidentiary hearing to consider the totality of circumstances before it can be determined a plea was indeed involuntary, the Michigan Supreme Court ruled Friday in a 5-2 decision.

High Court Reverses Denial Of Expert Funding For Indigent Defendant
Thursday, July 11, 2024

An indigent defendant facing trial – who had reasonable probability that his proposed expert would aid his defense but lacked funding to secure such an expert – had a fundamentally unfair proceeding because the court would not fund the expert, the Michigan Supreme Court ruled Thursday in a 5-2 decision.

Condo Owners Can Sue Condo Associations For Premises Liability
Thursday, July 11, 2024

A condominium association responsible for maintaining common areas can be sued for premises liability by an owner in the condominium complex, the Supreme Court ruled Thursday.

High Court Agrees That Nassar Limitations Extension Is Not Retroactive
Wednesday, July 10, 2024

A law passed in the wake of the Larry Nassar scandal extending the statute of limitations for child victims of sexual abuse to sue for damages is not retroactive and addressed only future claims, a split Michigan Supreme Court ruled Wednesday in a unanimous decision.

High Court: Restitution A Civil Remedy, Doesn't Increase Punishment
Monday, July 8, 2024

The imposition of restitution is meant to be a civil remedy and not a form of punishment that adds to the weight of a sentence and is therefore not a violation of constitutional ex post facto clauses, a unanimous Supreme Court ruled Monday.

High Court: Scientific Literature Helps, But Not Required From Experts
Monday, July 8, 2024

Scientific literature is not always required to support an expert witness' standard of care opinion in malpractice lawsuits, but scientific literature is one of the factors that a trial court should consider when determining if the opinion relayed is reliable, a split Supreme Court ruled Monday.

High Court Reverses Fleeing, Eluding Convictions On Lack Of Evidence
Friday, July 5, 2024

Stops by police that include even the most cursory of warrantless seizures must be justified by objectively reasonable, and particularized, suspicion of criminal activity, the Michigan Supreme Court ruled in a 5-2 decision issued Friday.

High Court Justices Ask: 'What Makes An Administrative Rule?'
Tuesday, June 18, 2024

The question of whether the Department of State should have promulgated official rules for poll watcher guidance published in 2022 to be enforceable, or if labeling that guidance as "instruction" was sufficient, was before the Michigan Supreme Court for oral arguments in a special session held Monday.

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