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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: 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.

Supreme Court Issues Split Decision In Far-Right Activist Robocall Case
Thursday, June 13, 2024

Although the Court of Appeals erred when it said far-right activists Jack Burkman's and Jacob Wohl's robocall activity fell under "menace" in Michigan Election Law, it did correctly rule that their conduct fell within "other corrupt means or device," the Michigan Supreme Court ruled in a 5-2 ruling issued Thursday.

Supreme Court: 1-Year Limitation Barred PIP Lawsuit
Friday, June 7, 2024

The one-year limitations period to litigate personal injuries in the Insurance Code applies when either an insured or the Michigan Property and Casualty Guaranty Association brings an action for personal injury protection benefits against a lower priority no-fault insurer after the higher priority insurer becomes insolvent, a unanimous Michigan Supreme Court ruled Friday.

High Court Affirms COA Ruling, Remands Case In Train Injury Lawsuit
Wednesday, June 5, 2024

A train operator has a duty to take steps to avoid a collision with a person standing or loitering on the railway tracks if it becomes clear the person is not moving to a place of safety or to avoid the oncoming train, the Michigan Supreme Court ruled in a decision issued Wednesday.

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