Plaintiffs Glynn Ley and Public Employees’ Retirement System of Mississippi (collectively, “Plaintiffs”) appeal a district court’s grant of Defendants’ Visteon Corporation, Peter Pestillo, Michael Johnston, Daniel R. Coulson, James Palmer, and Pricewaterhousecooper, L.L.P., (“PwC”) (collectively, “Defendants”) motions to dismiss Plaintiffs’ class action securities violation cla... More...   $0 (10-08-2008 - MI)

This case presents the question of whether it is constitutional for a public middle school to regulate the time, place, and manner of a student’s speech by preventing him from handing out leaflets in school hallways between classes and instead allowing him to post his leaflets on hallway bulletin boards and to distribute them during lunch hours from a cafeteria table. The district court held tha... More...   $0 (10-07-2008 - MI)

In Docket No. 277983, plaintiff appeals by right the trial court’s order entering judgment for defendants following a jury verdict of no cause of action. In Docket No. 279595, plaintiff appeals by right the trial court’s post-judgment order taxing costs and denying plaintiff’s request to sanction defendants under MCR 2.114. This Court has consolidated the appeals. We affirm in part, reverse... More...   $0 (09-16-2008 - MI)

In this suit alleging negligent operation of a governmentally owned and operated school bus, plaintiffs appeal by right the trial court’s order granting defendant’s motion for summary disposition under MCR 2.116(C)(7) based on governmental immunity because he had not suffered a “bodily injury.” We agree with the trial court that a plaintiff seeking to avoid governmental tort immunity throu... More...   $0 (09-23-2008 - MI)

Officers Warner and Gale of the Royal Oak Police Department appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. Because the facts construed favorably to plaintiffs state a constitutional violation, we AFFIRM the judgment of the district court.

I.

On August 9, 2003, Timothy McGuire and James Ryan traveled by bus from their native Ca... More...   $0 (09-29-2008 - MI)

Plaintiff-Appellant Jami Przybylinski (“Przybylinski”) appeals the district court’s order granting in part and denying in part Defendant- Appellee CSX Transportation, Inc.’s (“CSX”) motion for summary judgment and granting judgment for CSX in this case filed pursuant to the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Because we find that CSX did not breach... More...   $0 (09-15-2008 - MI)

The appellants in this case are some members of a class of plaintiffs who sued the defendant, Lafarge Corporation, because of pollution emitted by its portland cement plant in Alpena, Michigan. After the defendants had unsuccessfully appealed the district court’s class certification decision, the class counsel and the defendant entered into settlement negotiations.

The class counsel and d... More...   $1900000 (09-26-2008 - MI)

This product liability action arises from an October 5, 2002 rollover automobile accident in Tabasco, Mexico, involving a 1996 Ford Explorer. Plaintiff Maria Hernandez’s husband was fatally injured in the accident. The trial court denied defendant Ford Motor Company’s (Ford) motion to dismiss based on forum non conveniens. Ford filed an interlocutory application for leave to appeal that order,... More...   $0 (09-16-2008 - MI)

Plaintiff Stephanie Empson-Laviolette (Empson), an enrolled member of the Pokagon Band of Potawatomi Indians (Tribe), appeals by right the trial court’s order granting sole custody of her son, Z.E., to appellees Shannon and Tricia Scott. Below, pursuant to the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., Empson moved the trial court to dismiss the Scotts’ motion for custody and to ret... More...   $0 (09-11-2008 - MI)

This case involves a proposal by defendant Department of Natural Resources (DNR) to construct a public-access boat launch on Crystal Lake in defendant Benzie County. Plaintiff, Crystal Lake Property Rights Association, is composed of property owners in the vicinity of the proposed boat launch, and it sued to stop the construction of the boat launch. The trial court, in granting the DNR’s subsequ... More...   $0 (09-11-2008 - MI)

This action arises from an incident that occurred on Plaintiff- Appellant Linda Slusher’s (“Slusher”) property on May 13, 2004. Slusher argues that Defendants- Appellees Michigan Deputies Cory Carson and Thomas Terry (collectively, along with Shiawassee County, “Defendants”) seized her in violation of her Fourth Amendment rights during the course of the officers’ visit to her property ... More...   $0 (09-07-2008 - MI)

The Securities and Exchange Commission sued Ranko "Ron" Cucuz, the former CEO of Hayes Lemmerz International, claiming intential misconduct relating to the company's year 2000 financial statements. The government further alleged that Cucuz had made misstatements to Hayes' auditors, falsified Hayes' books and records and aided and abetted the company in violating the securities laws.
Cucuz, 64,... More...   $0 (08-22-2008 - MI)

Defendant appeals by right the judgment entered for plaintiff after jury trial awarding plaintiff no-fault benefits under MCL 500.3107. No-fault personal protection insurance (socalled PIP benefits) are payable for “accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.” MCL 500.3105(1). The jury found that plaintiff sustaine... More...   $0 (07-24-2008 - MI)

This case involves the applicability of the Freedom of Information Act (FOIA) privacy and law-enforcement-purposes exemptions to a police incident report. Following a notorious assault of several Michigan State University students in a dormitory room, plaintiff State News made a FOIA request that defendant Michigan State University disclose the report. Michigan State resisted this request, claimin... More...   $0 (07-16-2008 - MI)

In this wrongful-death medical-malpractice action, plaintiff appeals as of right from a judgment of no cause of action in favor of defendants, following a jury trial. We affirm.

I

Plaintiff’s decedent sought treatment from defendant Fenton Medical Center on July 24, 2001. He presented symptoms of pain in the left side of his chest, left arm, and neck. Defendant Wilson, a licensed p... More...   $0 (08-09-2008 - MI)

Defendants appeal by leave granted the trial court’s order denying their MCR 2.116(C)(7) motion for summary disposition. We affirm. Genesee Foods Services, Inc., (“Genesee Foods”) is a wholesale food sales and distribution business incorporated by Robert Grabowski and Robert Jackier in April 1999. Its principal place of business was at G-4309 South Dort Highway in Burton, on property owned b... More...   $0 (07-17-2008 - MI)

Plaintiff appeals as of right from the trial court’s order granting summary disposition to defendants in this condemnation case. Plaintiff, which owns and operates the Ambassador Bridge connecting Detroit, Michigan, with Windsor, Ontario, had attempted to condemn defendants’ land in order to improve access on the Detroit side of the bridge.1 The trial court concluded that plaintiff did not ha... More...   $0 (07-22-2008 - MI)

Defendant appeals by right from the order granting summary disposition to plaintiff and awarding plaintiff attorney fees in this no-fault insurance case. We affirm.

This case arose when Kimberly Sterling was either pushed from or jumped out of a moving motor vehicle, hitting the ground and receiving serious brain injuries. Defendant, Sterling’s no-fault insurer, originally refused to pay ... More...   $0 (07-22-2008 - MI)

This matter is before us on remand from the Supreme Court for consideration as on leave granted. Defendants appeal a decision of the Worker’s Compensation Appellate Commission (WCAC) affirming the magistrate’s decision to award plaintiff benefits. We affirm. Otis Fahl, a representative of defendant Burt Moeke Hardwoods, Inc. (Hardwoods), recruited plaintiff Pablo Romero, a Mexican citizen, to ... More...   $0 (07-29-2008 - MI)

Plaintiff Zaremba Equipment, Inc. commenced this insurance coverage lawsuit after a fire destroyed its premises. A jury awarded plaintiff $2,353,778, exclusive of costs, attorney fees, interest and case evaluation sanctions. We affirm in part, reverse in part, and remand for further proceedings.

I. Underlying Facts and Proceedings

On February 21, 2003, a fire consumed the primary bui... More...   $2353778 (08-09-2008 - MI)

Appellant Anthony Mayes is an African- American male and former Public Safety Officer for the City of Oak Park, Michigan, whose employment was terminated by the City following an investigation in which it was discovered that Mayes had falsified his police logs and failed to follow the requisite procedures for logging in recovered property. Mayes brought suit against the City of Oak Park, and again... More...   $0 (08-08-2008 - MI)

This appeal contests the United States District Court for the Eastern District of Michigan’s denial of an attorney fee under the Equal Access to Justice Act (“Justice Act”), 28 U.S.C. § 2412(d), following the appellant, Mario Sardo’s, successful district court challenge to the government’s administrative rejection of his petition for naturalization. The district court so ruled because i... More...   $0 (07-16-2008 - MI)

This case involves a battle between two insurance companies over what portion of a $3.75 million wrongful death settlement each of them should be required to pay. Plaintiffs, American Automobile Insurance Co. and American Insurance Co. (collectively referred to as “American”), argue that the district court erred in holding that Defendant, Transportation Insurance Co. (“Transportation”), wa... More...   $0 (07-16-2008 - MI)

The Family and Estate of Brenda Miller sued Dr. Donato Cabrera on a medical negligence (medical malpractice) theory claiming that Dr. Cabrera acted below the standard of care in caring for and treating her with the result she died after a second abdominal surgery by him. ... More...   $1800000 (06-27-2008 - MI)

Mark Hancock sued the Westwood Heights School System claiming that he was discriminated against because of his gender under 42 U.S.C. 2000e. He further claimed that he was skipped over for promotions and demoted because of his gender. He further claimed that after the 2006 school board elections, most males in administrative positions were fired or forced out. He also claimed that he permissions... More...   $300000 (06-14-2008 - MI)

Frank J. Lawrence, Jr. graduated from an accredi... More...   $0 (06-13-2008 - MI)

Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Learys safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his n... More...   $0 (06-13-2008 - MI)

In this Free Exercise Clause and Religious Land Use and Institutionalized Persons Act case, Amish landowners challenge the Central Michigan District Health Department's ("CMDHD") requirement that they install larger septic tanks to replace existing, allegedly inadequate systems. They argue the new tanks would incur wasteful expenses and tempt them to install modern conveniences, such as bathro... More...   $0 (04-23-2008 - MI)

Attending a funeral in Kalamazoo, Michigan, Donald Demo and his wife, Melony, stay... More...   $0 (04-23-2008 - MI)

Plaintiff-Appellant, Leah Mills, a former customer service representative at the Eastern Michigan University ("EMU") Academic Advising Center ("AAC"), appeals the district court's grant of summary judgment to Defendants-Appellees, Patricia Williams, Director of the AAC; Cheryl Aubuchon, a Supervisor at EMU's Livonia campus; Courtney McAnuff, EMU's Vice-President for Enrollment Services; and Su... More...   $0 (04-24-2008 - MI)

Great Lakes Exploration Group, LLC (GLEG), a private underwater exploration and salvage company, brought an in rem admiralty action seeking an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s. The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck Act (ASA), 43 U.S.C. §§ 2101-2106. Under the ASA, when ... More...   $0 (04-25-2008 - MI)

Kelly Ann Kozlowski, age 29, sued singer Robert James Richie a/k/a "Kid Rock" on a civil assault and battery theory claiming that defendant "roughed her up" outside his Michigan recording studio. ... More...   $0 (04-19-2008 - MI)

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo... More...   $0 (04-03-2008 - MI)

In this medical malpractice action, plaintiff Ronald Jackson, as personal representative of the estate of Beverly Ann Bell-Jackson, appeals as of right the trial court's order denying his renewed motion for leave to file a second amended complaint and dismissing the action with prejudice on statute of limitations grounds. Defendants Detroit Medical Center, Sinai Hospital of Greater Detroit (Si... More...   $0 (04-08-2008 - MI)

Plaintiff appeals as of right the trial court's order granting defendants' Donald N. Reed, Jr., M.D., and Donald N. Reed, Jr., M.D., PC's motion for directed verdict as well as the trial court's order granting defendants' motion in limine to preclude plaintiff from presenting evidence on theories of negligence that were not contained in plaintiff's affidavit of merit. For the reasons more full... More...   $0 (04-08-2008 - MI)

In this case, we analyze what comprises the element of "readily observable and avoidable dangers" in a lawsuit involving a "common work area" of a construction site. In Funk v Gen Motors Corp,1 this Court established the common-work-area doctrine, which by its elements is not a strict liability tort but is instead one that imposes liability only if the general contractor itself fails to preve... More...   $0 (04-14-2008 - MI)

A grant or denial of summary disposition is reviewed de novo on the basis of the entire record to determine if the moving party is entitled to judgment as a matter of law. Maiden v... More...   $0 (04-15-2008 - MI)

... More...   $0 (04-16-2008 - MI)

In 2001, Mark and Amanda McDowell contracted with Courtland Construction Company (Courtland) to build a house. Courtland, ... More...   $19000 (04-07-2008 - MI)

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo... More...   $0 (04-07-2008 - MI)