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Michigan Contract Law
USA v. Mehran Javidan

Mehran Javidan (“Javidan”) and Vishnu Pradeep Meda (“Meda”) worked together at Acure Home Care (“Acure”). Javidan, as a part-owner, handled the daily operations. Meda worked for Acure as a physical therapist.
In mid-2008, Javidan approached her friend Muhammed Shahab (“Shahab”) for help entering the home-health business. At that time, Shahab was involved with at least two fraudulent home-... More...
   $0 (12-24-2015 - MI)

United States of America v. Vishnu Meda

Mehran Javidan (“Javidan”) and Vishnu Pradeep Meda (“Meda”) worked together at Acure Home Care (“Acure”). Javidan, as a part-owner, handled the daily operations. Meda worked for Acure as a physical therapist.
In mid-2008, Javidan approached her friend Muhammed Shahab (“Shahab”) for help entering the home-health business. At that time, Shahab was involved with at least two fraudulent home-... More...
   $0 (12-24-2015 - MI)

Shoshana Hebshi v. United States of America

1. On September 11, 2011, Plaintiff Shoshana Hebshi fl
ew on Frontier Airlines flight 623 from San Francisco, California, to Detro
it, Michigan. Upon landing, heavily armed agents forcibly removed Ms. Hebshi from the airplane; handcuffed, pat searched, and strip searched her; and locked her in a cell at Detroit Metropolitan Wayne County Airport before
interrogating her. Ms. ... More...
   $40000 (04-21-2015 - MI)

Anthony Facione v. CHL Mortgage Trust 2006-J1

After a bank foreclosed on their house, Anthony and Erin
Facione filed a quiet-title and wrongful-foreclosure action, claiming irregularities in the
foreclosure proceedings. The district court dismissed their complaint, holding that the Faciones
had no legitimate grounds to challenge the foreclosure and had not pleaded the elements of a
quiet-title claim. We affirm.
On August 1... More...
   $0 (10-13-2015 - MI)

David Herr v. U.S. Forest Service

David and Pamela Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it. That plan was dashed when the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a National Wilderness Area. The Herrs responded with this lawsuit,... More...   $0 (10-11-2015 - MI)

James Calloway v. Caraco Pharmaceuticals Laboratories, Ltd.

Defendant Caraco Pharmaceutical Laboratories, Ltd. (“Caraco”),
appeals the district court’s judgment in favor of the plaintiffs, former Caraco employees.
No. 14-2526 Calloway v. Caraco Page 2
Following a bench trial, the district court found that Caraco violated the Worker Adjustment and
Retraining Notification (“WARN”) Act, 29 U.S.C. §§ 2101–2109, by failing to comply with the
... More...
   $0 (08-26-2015 - MI)

James G. Woudenberg v. United States Depart of Agriculture

According to Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with certain exceptions not applicable here), persons who are in the business of buying and selling dogs and cats may not obtain dogs or cats from an individual donor “who did not breed and raise them on his or her premises.” 9 C.F.R. §§ 1.1 and 2.132(a). Another provision requires a dealer in su... More...   $0 (07-24-2015 - MI)

St. Clair Marine Salvage, Inc. v. Michael Bulgarelli

Defendant Michael Bulgarelli owns a
boat that ran aground in Lake St. Clair, necessitating the services of a salvage ship to
tug it free by towing it several feet. Plaintiff St. Clair Marine Salvage, Inc., alleges that the
agreed-upon price was approximately $9,000, while Bulgarelli insists he was quoted a price
range of $1,000–$1,200. The district court denied St. Clair Marine’s m... More...
   $0 (07-22-2015 - MI)

Kimberly Johnson v. Doodson Insurance Brokerage

This case is about whether an injured third party to a liability
insurance policy has a claim against an insurance broker for failure to procure the proper liability
insurance. Because of a mistake by defendant insurance broker, decedent Douglas Johnson’s
fatal accident was not covered by a liability insurance policy obtained by an amusement
company. This case does not involve liab... More...
   $0 (07-19-2015 - MI)

Ming Kuo Yang v. City of Wyoming, Michigan

For one reason or another, Ming Kuo and Julie Yang did not keep up their commercial property in Wyoming, Michigan. Neglect led to disrepair, which led by all appearances to abandonment and the safety risks that go with it. The city tried to contact the couple about the necessary fixes, but to no avail. After the last of the notices, the city leveled
the building. The Yangs noticed that develop... More...
   $0 (07-13-2015 - MI)

Louis Leonor v. Provident Life and Accident Company

This case arises from a dispute over three disability income
insurance policies issued to Louis Leonor, a dentist licensed in Michigan. Each policy provided
“total disability benefits” in the event that Leonor became unable to perform “the important
Nos.14-2120/2152 Leonor v. Provident Life & Accident Co., et al. Page 2
duties of [his] Occupation,” or words to this effect. This app... More...
   $0 (06-24-2015 - MI)

United States of America v. Roger Lee Andrews

GRAND RAPIDS, MICHIGAN – Roger Lee Andrews, 54, of Coopersville, was sentenced to 87 months in federal prison for committing a fraud scheme involving real estate he claimed to own in Indiana. Additionally, Andrews was ordered to pay $1,493,870.77 in restitution to the victims of the scheme and was ordered to forfeit an additional $1,408,061.33 to the United States in the form of a money judgmen... More...   $0 (08-13-2014 - MI)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

Elvira Ljuljdjuraj v. State Farm Mutual Automobile Insurance Company

ice and collided with a negligently parked vehicle.
The car she was driving was owned by a friend, Bardhyl Mullalli. Ljuljdjuraj filed a diversity
suit in federal court, seeking recovery under Mullalli’s no-fault automobile insurance policy,
issued by State Farm, for injuries she suffered in the accident. Ljuljdjuraj and Mullalli are both
citizens of Michigan, while State Farm is... More...
   $0 (12-19-2014 - MI)

Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t... More...
   $0 (08-19-2014 - MI)

Joseph Moyer v. Metropolitan Life Insurance Company

Joseph Moyer, an ERISA plan participant, appeals the district
court’s dismissal for untimeliness of his action against the plan’s claim administrator,
Metropolitan Life Insurance Company (MetLife), seeking recovery of unpaid ERISA plan
benefits. Because MetLife failed to include notice of the time limits for judicial review in its
adverse benefit determination letter, we REVERS... More...
   $0 (08-07-2014 - MI)

United States of America v. Victor Mercado

Detroit, MI - The former Director of the Detroit Water and Sewerage Department was sentenced to eight months in a halfway house after having pleaded guilty to conspiracy in the case of former Detroit Mayor Kwame Kilpatrick, announced U.S. Attorney Barbara L. McQuade.

Joining on the announcement were Paul M. Abbate, Special Agent in Charge of the Detroit Field Office of the Federal Bureau ... More...
   $0 (05-22-2014 - MI)

Willard Bender v. Newell Window Furnishings, Inc.

Newell Window Furnishings, an employer that lost a court case in the Western District of Michigan involving retirement benefits, appeals an order of the district court awarding attorney’s fees and costs to the plaintiff-retirees under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). The district court awarded No. 12-2059 Bender, et al. v. Newell Window Fur... More...   $0 (03-17-2014 - MI)

Yazan Musleh v. State Farm Fire & Casualty Co.

Yazan and Huda Musleh appeal the district court’s grant of summary judgment to State Farm and denial of their motion for reconsideration and for leave to amend their complaint. We AFFIRM.


This case is before this court for the second time. The Muslehs filed their first breach of contract action in March 2010, seeking to recover under their homeowners insurance policy for damages... More...
   $0 (02-18-2014 - MI)

Mark Dietrich v. Bell, Inc.

We are presented with a dispute over an employment agreement between a manufacturer and its sales representative that is silent about termination. We must decide whether a provision in that agreement providing two years of commission payments on any new customer procured by the representative survives termination. Applying Michigan’s rules of contract interpretation to the particular facts in th... More...   $0 (02-10-2014 - MI)

Robert Deleon v. Kalamazoo County Road Commission

Robert Deleon (“Deleon”) appeals the dismissal of certain of his claims from the district court’s grant of summary judgment in Defendants’ favor. The district court granted Defendants’ motion on the basis that Deleon did not suffer an “adverse employment action.” Deleon was laterally transferred from one department to another, which he alleges constituted an action giving rise to sus... More...   $0 (01-14-2014 - MI)

Health Carll of Detroit d/b/a Jadells, Inc. v. Atrium Home & Health Care Services, Inc.

Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79, 695 N.W.2d 337 (2005), vacated in part 265 Mich.App. 801 (2005) (vacating part III of... More...   $0 (11-29-2005 - MI)

John Antonio Poole v. Duncan MacLaren

Petitioner-Appellant John Antonio Poole (“Petitioner”) appeals an order of the district court denying his pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.


A Michigan jury convicted Petitioner of first-degree murder, being a felon in possession of a firearm and possession of a firearm during the commission of a felony. Petitioner’s convictions a... More...
   $0 (12-05-2013 - MI)

Lacesha Brintley, M.D. v. St. Mary Mercy Hospital

Dr. LeCesha Brintley cut two of her patient’s major blood vessels while performing a routine appendectomy at St. Mary Mercy Hospital. The patient suffered cardiac arrest and went into a day-long coma. St. Mary’s later revoked Brintley’s surgical privileges. In response, Brintley sued the defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the Michigan Elliott-L... More...   $0 (11-15-2013 - MI)

In Re Bradley Estates

In this case, we decide whether a civil contempt petition that seeks indemnification damages under MCL 600.1721 imposes “tort liability” within the meaning of MCL 691.1407(1) of the governmental tort liability act (GTLA), MCL 691.1401 et seq. Given the Legislature’s use of the common-law term “tort,” we hold that “tort liability” as used in MCL 691.1407(1) of the GTLA encompasses all... More...   $0 (07-26-2013 - MI)

National Viatrical, Inc. v. Universal Settlements International, Inc.

Plaintiffs-Appellants National Viatical, Inc. and James Torchia (respectively, “NVI” and “Torchia”) challenge the district court’s


No. 12-2262 Nat’l Viatical Inc., et al. v. Universal Settlements Int’l, Inc.

Page 2

1Specifically, the amount was to be paid in four installments, including a balloon payment at the end of twelve months.

______________... More...
   $0 (05-23-2013 - MI)

Michael J. Conlin v. Mortgage Electronic Registration Systems, Inc.

This appeal requires us once again to wade into the morass of litigation involving mortgage foreclosures under Michigan law. In this case, Plaintiff Michael Conlin seeks to have the foreclosure sale of his property in Ann Arbor, Michigan set aside based on alleged defects in the assignment of the mortgage on the property from Defendant Mortgage Electronic Registration Systems to Defendant U.S. Ban... More...   $0 (04-10-2013 - MI)

Gregory J. Zack v. Mary A. Zielinski

Gregory Zack appeals the trial court’s final order in this action involving the estate of the decedent, Nina Zack. For the reasons set forth below, we affirm.


Approximately four years before her death, the decedent executed a will naming her son, Zack, as her sole heir. The will entitled Zack to all of the decedent’s estate, after the payment of funeral expenses, adminis... More...
   $0 (03-28-2013 - MI)

Raji J. Zaher v. Michael J. Miotke

The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus... More...   $0 (03-28-2013 - MI)

Donnetta Berrien v. United States of America

Plaintiff’s decedent worked for a civilian contractor at a military base in Michigan. He was fatally injured by a gutter that fell from the liquor store on the base. The United States appeals from the district court’s award under the Federal Tort Claims Act of $1.18 million in damages for failure to warn. Because


No. 12-1365 Berrien v. USA Page 2

the Act does not waive t... More...
   $0 (03-28-2013 - MI)

Thomas J. Alfes v. Educational Credit Management Corporation

Thomas J. Alfes appeals the district-court judgment affirming the bankruptcy court’s order granting summary judgment in favor of Educational Credit Management Corporation (ECMC). We AFFIRM.


Between 1982 and 1997, Alfes took out student loans funded in whole or in part by the Federal Family Education Loan Program (FFELP). Alfes consolidated his student-loan debt and, on the final... More...
   $0 (03-12-2013 - MI)

Eric Kuhn v. Washtenaw County

In October 2008, Deputy Eric Kuhn of the Washtenaw County Sheriff’s Office stopped Marianne Joseph for a traffic violation. Joseph falsely reported that Kuhn had raped her in connection with the stop. An internal investigation that was opened to look into the rape allegation was not closed until January 2009. Several months after the investigation was closed, Kuhn requested medical leave based... More...   $0 (03-11-2013 - MI)

Allen Quigley v. Tuong Vinh Thai

This appeal addresses whether defendant Dr. Tuong V. Thai, a prison psychiatrist, is entitled to immunity from state and federal civil claims brought by the estate of the now-deceased Scott Quigley, Jr., who Thai treated for moderate depression. The estate alleges that Thai’s medical care caused Quigley’s death, violated Quigley’s Eighth Amendment right to be free from cruel and unusual puni... More...   $0 (02-21-2013 - MI)

Suetta Smtih v. County of Lenawee

Plaintiff Suetta Smith filed suit on behalf of her deceased daughter Brenda Smith, who died while incarcerated in the Lenawee County, Michigan jail.

Smith was taken into custody for a parole violation on Friday, April 27, 2007. The following Monday morning she died of a seizure brought on by delirium tremens. The two-count amended complaint alleges deliberate indifference to her serious m... More...
   $0 (11-21-2012 - MI)

Osprey-Troy Officentre, LLC v. World Alliance Financial Corp.

When the fourth floor of an office building sat empty during the summer of 2009, the landlord sued the building’s prior occupant for breach of a sublease. The landlord lost, prompting this question under Michigan law: May a landlord prevent a tenant and subtenant from terminating their sublease? That depends—most notably on the language in the underlying contract. The answer under this contrac... More...   $0 (10-12-2012 - MI)

Sheila Hensley v. Ronald Gassman d/b/a RepoRon

This case presents the classic scenario of a repo-man attempting to snatch a creditor’s collateral – here a vehicle – under cover of darkness in the middle of the night from a defaulting debtor. Although the repo-man, Ronald Gassman, attained his objective, things did not go quite as smoothly as he had hoped: the possessor of the vehicle verbally and physically opposed the repossession; Gass... More...   $0 (09-12-2012 - MI)

Tooling Manufacturing and Technologies Association v. Hartford Fire Insurance Company

At its core, an insurance policy is simply a contract between the insurer and the insured, with each entitled to the benefit of the bargain. This statement encapsulates two self-evident but fundamental tenets of contract law—that generally speaking: (1) the benefit of the bargain directly accrues only to the parties to the contract, unless the contract otherwise provides; and (2) the parties are... More...   $0 (09-12-2012 - MI)

Crystal Ludwig v. Township of Van Buren

Plaintiff Crystal Ludwig is an exotic dancer challenging the nudity ordinances of Van Buren Township under 42 U.S.C. § 1983. Ludwig works for Garter Belt, Inc., an entity that operates a strip club and is currently enjoined from violating the Van Buren nudity ordinances. This injunction was issued as part of a prior suit, in which Garter Belt unsuccessfully challenged the ordinances. In light of ... More...   $0 (06-20-2012 - MI)

Yazan Musleh v. State Farm Fire & Casualty Company

State Farm Fire and Casualty Company appeals from the district court’s dismissal without prejudice of a lawsuit by policyholders Yazan and Huda Musleh. State Farm argues that the dismissal should have been with prejudice. The insurer further suggests that, because the Muslehs allegedly failed to refile their lawsuit within the statutorily prescribed period, the appeal may ultimately be moot.
... More...
   $0 (06-18-2012 - MI)

Antonio Moraccini v. City of Sterling Heights

Defendant City of Sterling Heights (the city) appeals as of right an order denying its motion for summary disposition in this tort liability action concerning an injury sustained by plaintiff and allegedly caused by defects in a city sidewalk. The city, relying on governmental immunity principles, maintained that the alleged defects pertained to a highway curb, not a sidewalk, thereby falling with... More...   $0 (05-01-2012 - MI)

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