In this governmental immunity highway exception case, defendant Michigan Department of Transportation (MDOT) appeals as of right the trial court’s order denying MDOT summary disposition under MCR 2.116(C)(7). This case arises out of a single motor vehicle accident in which plaintiff Jerome Plunkett’s wife, decedent Holly Marie Plunkett,1 died after losing control of her vehicle, causing her ve... More...   $0 (11-03-2009 - MI)

Douglas Mayher sued Jennifer Martin on an auto negligence theory claiming that she failed to exercise due care in the operation of her SUV on M-50 in 2005 and, as a direct result, her car ran into Mayher's stopped vehicle injuring him. Plaintiff claimed that he sustained brain damage.

The defenses asserted by Defendant are not available.... More...   $300000 (10-29-2009 - MI)

In this medical malpractice case, plaintiff appeals as of right from the trial court’s order granting defendants’ motion for summary disposition. We reverse and remand for entry of an order reinstating plaintiff’s complaint and dismissing plaintiff’s claim against defendant Christina Coulbeck without prejudice. This appeal has been decided without oral argument pursuant to MCR 7.214(E).More...   $0 (10-08-2009 - MI)

In this action seeking recovery for an intentional tort falling outside the exclusive remedy provision of the Worker’s Disability Compensation Act (WDCA), MCL 418.131(1), defendant Mavrick Metal Stamping, Inc., appeals by leave granted the circuit court’s order denying its motion for summary disposition. We affirm.

I. Facts and Proceedings

Mavrick manufactures automotive parts, a... More...   $0 (10-13-2009 - MI)

Plaintiffs appeal as of right the order establishing both the eastern boundary of a lakefront parcel of plaintiffs’ property and the boundary between the parties’ residential properties. We affirm.

Plaintiffs first argue that the trial court improperly determined the eastern boundary of their lakefront parcel, which abuts defendants’ property to the west. We review for clear error a t... More...   $0 (10-16-2009 - MI)

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda... More...   $0 (10-16-2009 - MI)

Plaintiff James Kendall filed this action alleging that he was wrongfully terminated from his employment with defendants,1 contrary to public policy, for refusing to engage in illegal activity. Plaintiff also alleged that defendants violated the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq., by knowingly placing false information in his personnel file.

The trial court gra... More...   $0 (10-16-2009 - MI)

Defendants appeal as of right the trial court’s denial of their motion for partial summary disposition on plaintiff’s claim under the Whistleblowers Protection Act (WPA), MCL 15.361 et seq. We reverse and remand.

Plaintiff was hired as Director of the Lake County 911 department in October 1998. In 2004, she began expressing concerns regarding several instances when there was a shortage ... More...   $0 (10-16-2009 - MI)

Eaton Rapids Public Schools appeals the district court’s grant of summary judgment to Chartwells in this contract dispute. Because the record supports a single conclusion—that Eaton Rapids breached a binding non-compete clause—we affirm the judgment of the district court.

I.

In early 2002, Eaton Rapids published a Request For Proposal (RFP), soliciting bids for the operation of... More...   $0 (10-14-2009 - MI)

In this appeal, Plaintiff-Appellant Kevin Rabbers (“Rabbersâ€�) challenges the district court’s decision affirming the denial of his application for disability insurance benefits by Defendant-Appellee Commissioner of Social Security (“Commissionerâ€�). Rabbers argues that the Administrative Law Judge (“ALJâ€�) failed to make specific findings regarding the severity of his mental impairment... More...   $0 (10-05-2009 - MI)

Detective Michael Pieroni appeals the district court’s denial of summary judgment on his claim for qualified immunity. Pieroni interviewed plaintiff Terri Conner after she and her husband were arrested for carrying a concealed weapon. Mrs. Conner alleges that Pieroni kept her incarcerated even though he admitted knowing that Mrs. Conner was factually innocent of any crime. Mrs. Conner filed a 42... More...   $0 (10-11-2009 - MI)

After Daryl Jones suffered a dislocated shoulder during the course of an arrest by two police officers, Jose Garcia and Mike Miller, he filed a § 1983 action against them, alleging excessive force. Because Jones’ excessive force claim raises a material dispute of fact, we reverse the district court’s grant of summary judgment in favor of Officer Miller. We affirm the denial of Jones’ motion... More...   $0 (09-29-2009 - MI)

Plaintiff-Appellant Karyn Risch (“Rischâ€�) appeals the district court’s grant of summary judgment in favor of Defendant- Appellee Royal Oak Police Department (“the Departmentâ€�), on Risch’s genderdiscrimination claim brought pursuant to Title VII of the Civil Rights Act of 1964 (“Title VIIâ€�), 42 U.S.C. §§ 2000e et seq. In 2005, Risch, a uniformed patrol officer and seventeenyear ve... More...   $0 (09-22-2009 - MI)

Terence Hopkins, age 28, sued Detroit police officers Sgt. Michael Osman claiming that he illegally performed a body cavity search on him during the 2006 traffic stop while Osman's partner, Officer Michael Parish, stood by. Hopkins was arrested on suspicion of possession of marijuana and ecstasy.

The defenses denied wrongdoing.... More...   $0 (10-01-2009 - MI)

Plaintiff-Appellant, Harmond Schaefer, brought suit against his former employer, AXA Equitable Life Insurance Company (“Equitableâ€�) and the company that managed Equitable’s disability insurance policies, Disability Management Services, Inc. (“DMS,â€� and collectively, “defendantsâ€�). The district court granted defendants’ motion for summary judgment on the ground that Schaefer’s bre... More...   $0 (09-02-2009 - MI)

Plaintiff Show Ann Chen appeals the district court’s grant of summary judgment for defendant Dow Chemical in this Title VII suit. Chen alleges that Dow fired her either because of her race or to retaliate against her for engaging in activity protected by Title VII. Dow contends that it terminated Chen for poor performance. Because Chen has failed to create a genuine issue of material fact as to ... More...   $0 (09-09-2009 - MI)

Raymond Geiger appeals the grant of summary judgment to Tower Automotive (“Towerâ€�) on his employment discrimination claims pursuant to the Age Discrimination in Employment Act (“ADEAâ€�), 29 U.S.C. § 623(a) and Michigan’s Elliott-Larsen Civil Rights Act (“ELCRAâ€�), Mich. Comp. Laws §§ 37.2202 et seq. The United States District Court for the Eastern District of Michigan found that Gei... More...   $0 (09-09-2009 - MI)

Keith Speer sued the City of Flint, Michigan on a racial discrimination theory claiming that he did not get promoted to Citizens Service Bureau in 2006 because he was white.

The defenses asserted by the City of Flint are not available.... More...   $131000 (08-14-2009 - MI)

Plaintiff appeals as of right the trial court’s order granting summary disposition in defendant, Allstate Insurance Company’s favor. Because Michigan does not yet recognize spoliation of evidence that interferes with a prospective civil action, against a third party, as a valid cause of action, we affirm.

Plaintiff initiated this action when a fire broke out in his family’s rented apa... More...   $0 (08-09-2009 - MI)

In this cause of action arising from alleged violations of the Michigan Civil Rights Act (“CRAâ€�), Plaintiff Tara Hamed appeals as of right from the trial court’s April 10, 2007, order granting partial summary disposition to defendants Wayne County and Wayne County Sheriff’s Department (“the departmentâ€�) with respect to plaintiff’s claims for hostile environment sexual harassment and ... More...   $0 (08-09-2009 - MI)

Plaintiff, Adriana Lee, as Personal Representative of the Estate of Rufus Young, Jr., appeals as of right the trial court’s November 13, 2007 order granting defendants Detroit Medical Center (DMC), Children’s Hospital, Dr. Ahm Mahbobul Huq, Dr. Jayshree Rao, and Dr. Vince Truong summary disposition and dismissing plaintiff’s statutory liability claims against them without prejudice. Defendan... More...   $0 (07-14-2009 - MI)

Defendant, W. A. Foote Memorial Hospital (“Hospitalâ€�) appeals as of right a judgment in favor of plaintiff, James Ykimoff, following the trial court’s denial of its motion for new trial or for judgment notwithstanding the verdict (“JNOVâ€�) in this medical malpractice action. Plaintiff cross appeals the trial court’s order granting partial summary disposition resulting in the dismissal o... More...   $0 (07-16-2009 - MI)

At issue in this case is whether MCL 333.2441(1) authorizes a local health department to create, and a county board of commissioners to approve, regulations that control smoking in the workplace. Additionally at issue is whether such a regulation, providing employees with a private cause of action to seek its enforcement, interferes with Michigan’s at-will employment doctrine.

I. The Cour... More...   $0 (07-21-2009 - MI)

At issue before this Court is the proper interpretation of MCL 600.5856(c), as amended by 2004 PA 87, effective April 22, 2004. We have been asked to consider whether a defect in a timely mailed notice of intent (NOI), provided to a medical malpractice defendant pursuant to MCL 600.2912b, precludes the tolling of the statute of limitations on a plaintiff’s medical malpractice claim. We also cons... More...   $0 (07-29-2009 - MI)

Class action litigation in Michigan is governed by the Michigan Court Rules, and MCR 3.501(A)(1) specifically sets forth the prerequisites for class certification. These prerequisites are often referred to as numerosity, commonality, typicality, adequacy, and superiority.1 In this case we consider the proper analysis a court must conduct when determining whether the prerequisites for class certifi... More...   $0 (07-31-2009 - MI)

This case raises the issue whether a professional corporation (PC) must be provided an NOI before the commencement of the medical malpractice action. It also raises the issue of what statements must be set forth in an NOI to satisfy the requirements of MCL 691.2912b(4) when a claim being made against the PC is based solely on a PC’s vicarious liability for its physician.

We hold, on the b... More...   $0 (07-31-2009 - MI)

Defendant Ahrens Construction, Inc., appeals by right the judgment entered after bench trial for plaintiff Miller-Davis Company on its breach of contract claim. Plaintiff cross-appeals the trial court’s entry of a judgment of no cause of action on plaintiff’s claim for contractual indemnity of the amount awarded for breach of contract and its attorney fees for this action. Defendant argues tha... More...   $0 (08-04-2009 - MI)

Valassis Communications Inc. sued News Corp. d/b/a New America Marketing on unfair competition, tortious interference and other theories.

News Corp denied wrongdoing.

Valassis is one of the nation's leading media and marketing services companies, offering unparalleled reach and scale to more than 15,000 advertisers. Its RedPlum media portfolio delivers value on a weekly basis to ove... More...   $300000000 (07-24-2009 - MI)

Plaintiff-Appellant Deborah Lynne Danton appeals the district court’s February 5, 2008 order granting summary judgment to Defendants-Appellees Brighton Hospital (“Brightonâ€�) and International Brotherhood of Teamsters, Local 337 (“Unionâ€� or “Teamsters Local 337â€�) (collectively, “Defendantsâ€�). Danton sued Defendants under § 301 of the Labor Relations Management Act, 29 U.S.C. §§... More...   $0 (07-01-2009 - MI)

Plaintiff-Appellant Jeffrey Reed appeals the district court’s order granting summary judgment in favor of Defendant-Appellee International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAWâ€�). Reed claims that UAW, in violation of Title VII of the Civil Rights Act of 1964, failed to provide a reasonable accommodation for his religious objection to financi... More...   $0 (06-24-2009 - MI)

This case involves a challenge to the City of Detroit’s zoning and sign ordinances by an adult cabaret operating in the City’s central business district. The plaintiffs allege that the City has utilized the challenged ordinances to prevent the cabaret from transferring its business to a new owner and from erecting signage desired by the present owner.

Although the district court held th... More...   $0 (06-15-2009 - MI)

Michael Rhanor sued Michigan Paving & Materials and an affiliated company, Woodland Paving on a negligence theory seeking to recover compensation for the brain and spinal injuries he sustained when he fell from atop a steaming load of asphalt in 2004. Plaintiff claimed that he nearly died from the injuries that he sustained and as a result of being injured suffered significant and permanent physi... More...   $5600000 (06-12-2009 - MI)

Appellants appeal by leave granted from the trial court’s order reinstating this medical malpractice/wrongful death action. We reverse and remand to the trial court with instructions to grant summary disposition in favor of defendants. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

In an earlier appeal involving this litigation, this Court’s opinion present... More...   $0 (06-02-2009 - MI)

In these consolidated appeals, the defendants appeal orders that denied their respective motions for summary disposition. This medical malpractice case arises out of David Esselman’s death, while in the care of defendants, from gangrenous cholecystitis1 and sepsis, each of which he apparently had for at least 24 hours. Defendants contend that plaintiff’s notice of intent and affidavits of meri... More...   $0 (06-04-2009 - MI)

Plaintiff Joy Davis1 appeals the district court’s grant of summary judgment to Venture One Construction, Inc. (“Venture Oneâ€�) on her claim for injuries sustained when, during a remodeling of her employer’s premises, a door, temporarily removed and stored outside of the construction zone, fell on her because it was stored upright and where, if placed there at all, it should have been laid o... More...   $0 (06-03-2009 - MI)

The Securities and Exchange Commission sued former CEO of Kmart Corp. Charles Conaway on a securities fraud theory for allegedly misleading investors about company finances before a bankruptcy filing in 2002. Plaintiff accused Conaway of failing to disclose that Kmart was delaying payments to suppliers to save cash.

Conaway denied wrongdoing and claimed that he relied on others for the in... More...   $0 (06-02-2009 - MI)

Pat Thorpe sued former Clayton Township Police Chief Chuck Melki and Office Lynn Sabin on civil rights violations under 42 U.S.C. 1983 and other theories claiming that Defendants violated her First Amendment right not to speak, conducted an unlawful search and seizure and violated her right to due process. Thorpe claimed that Melki came to her house looking for a friend of hers. Thorpe refused to... More...   $0 (05-30-2009 - MI)

These are consolidated cases in which plaintiffs are residents of Van Lopik and Limberlost subdivisions in Robinson Township who assert tort claims and constitutional violations against the township, its board members (Berens, Frye, Clark, Kuyers, Mulligan, Korving, Kuncaitis, Masko, Rayla, Stille, Harmon), its building officials (Easterling & Forner), and others, after the Grand River flooded in ... More...   $0 (05-12-2009 - MI)

Plaintiff appeals of right from the circuit court’s order denying his motion for summary disposition, and granting summary disposition to defendant, in this action seeking penalty damages and attorney fees under the Michigan sales representatives commission act (SRCA), MCL 600.2961. We affirm.

In or around 1972, according to plaintiff, plaintiff and Jebco Manufacturing, Inc. (Jebco), ente... More...   $0 (05-12-2009 - MI)

Plaintiff Marquette General Hospital (the Hospital) appeals as of right the Baraga Circuit Court’s order granting summary disposition in favor of defendants. At issue is defendant Baraga County’s liability for the cost of medical services provided by the Hospital for defendant Bryan Keith Chosa, who was at the time an inmate at the Baraga County Jail. Although the general legal principles invo... More...   $0 (05-26-2009 - MI)