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Michigan Contract Law
 
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.

I.

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.

I.

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

1

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.

I. FACTS

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

1

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.

I.

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)

Lowry Holding Company, Inc. v. Geroco Tech Holding Corp.

In this action involving claims for breach of contract, tortious interference with a business relationship, and violation of the Michigan Trade Secrets Act, appellants Geroco Tech Holding Corp, Geroco Tech International Corp, and Carl Corlley appeal as of right the trial court’s grant of summary disposition in favor of appellees under MCR 2.116(C)(10). We affirm.

In May 2007, appellants a... More...
   $0 (05-24-2012 - MI)

Rickey Carneil Thomas v. Pontiac City School District

In this case brought under the Whistleblowers’ Protection Act (WPA), MCL 15.361, et seq., plaintiff appeals as of right the trial court’s order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10). For the reasons set forth in this opinion, we affirm.

I. FACTS & PROCEDURAL HISTORY

Plaintiff worked for defendant as a non-union substitute custodian fro... More...
   $0 (05-24-2012 - MI)

Maureen Salveta v. Florence Cement Company, Inc.

Plaintiff appeals as of right an order granting defendant’s motion for summary disposition in this negligence action. We reverse and remand for further proceedings.

Plaintiff was riding her bicycle along the sidewalk when the sidewalk abruptly ended, causing her to flip headfirst over the handlebars and suffer injuries. The sidewalk was in the process of excavation being conducted by defe... More...
   $0 (05-24-2012 - MI)

Larry Gettel v. Caro Regional Center

In this consolidated appeal, plaintiffs Patricia Spencer and Larry Gettel appeal as of right, and plaintiff Kristie Reh appeals by leave granted a September 27, 2010 order granting defendant Donald Proux’s1 motion for summary disposition pursuant to MCR 2.116(C)(7) (governmental immunity), MCR 2.116(C)(8) (failure to state a claim), and MCR 2.116(C)(10) (no genuine issue of material fact). We af... More...   $0 (05-24-2012 - MI)

James Hoffman v. Consumers Energy Company

Defendant, Consumers Energy Company, appeals by leave granted orders denying its motions for summary disposition in this negligence case.1 We reverse and remand. On February 11, 2009, plaintiffs’ house exploded.2 After investigation, it was determined that the explosion was caused by a natural gas leak. Subsequently, plaintiffs sued defendant, the provider of their natural gas service. Plaintiff... More...   $0 (05-24-2012 - 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, ther... More...
   $0 (05-01-2012 - MI)

Mai Roquemore v. E.R. Express

Nickie Donald died when an oversized twenty-eight-ton beam struck an overpass, fell off the back of the trailer transporting it, and crushed the cab of his truck, which was on the highway behind the trailer carrying the beam. Mai Roquemore, representing the estate of the decedent, brought a diversity wrongful death action. The district court granted motions for summary judgment in favor of three d... More...   $0 (05-14-2012 - MI)

Alisha Regan v. Faurecia Automotive Seating, Inc.

This is an employment discrimination case. Alisha Regan appeals the district court’s grant of summary judgment in favor of her former employer, Faurecia Automotive Seating, Inc., on her disability discrimination claims under the Americans with Disabilities Act and the Michigan Persons With Disabilities Civil Rights Act, and her gender discrimination claims under Title VII of the Civil Rights Act... More...   $0 (05-10-2012 - MI)

Victor Guzman v. United States Department of Homeland Security

This is an immigration case. Victor Guzman challenges the district court’s dismissal of his claims of United States citizenship, arguing that the district court failed to adjudicate several of his claims and misinterpreted a federal immigration statute when applying it to him. For the following reasons, we AFFIRM the judgment of the district court.

I.

Guzman seeks United States cit... More...
   $0 (05-10-2012 - MI)

Pamela Armisted v. State Farm Mutual Automobile Insurance Company

Plaintiffs are six individuals who suffered catastrophic, traumatic brain injuries as the result of automobile accidents. They seek payment of nofault insurance benefits for the cost of home attendant care services they have received. As plaintiffs’ first-party insurer, defendant State Farm Mutual Automobile Insurance Company (“State Farm”) initially paid benefits at the rates plaintiffs req... More...   $0 (04-13-2012 - MI)

Scott and Jeanne Woodbury v. Res-Care Premier, Inc.

In this property action, defendant Res-Care Premier, Inc. appeals as of right from the trial court’s grant of summary disposition to plaintiffs, Scott and Jeanne Woodbury, and Center Woods, Inc., concluding that Center Woods has the right of first refusal to purchase the property known as 2 Center Woods, and that defendant Ruth Averill failed to provide sufficient notice to Center Woods, as cert... More...   $0 (01-19-2012 - MI)

Estate of Stephen Bradley v. Kent County Sheriff's Department

In this contempt action, petitioner Nancy Mick, in her capacity as personal representative for the Estate of Stephen Bradley, appeals by leave granted the circuit court order reversing a probate court order denying respondent Kent County Sheriff’s Department’s (KCSD) motion for summary disposition of Mick’s claim for compensatory damages for the death of her brother, Stephen Bradley. The onl... More...   $0 (03-22-2012 - MI)

John Orton v. Johnny's Lunch Franchise, LLC

John Orton appeals from the district court’s dismissal of his claims against Johnny’s Lunch Franchise, LLC, and Anthony Calamunci for unpaid wages and expenses from August 2008 to December 2008. Orton sued under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., and various state laws. The district court granted the defendants’ motion to dismiss the FLSA claim on the gro... More...   $0 (02-21-2012 - MI)

Sherry Trost v. Zachary Trost

Sherry Trost her son Zachary Trost on a breach of contract theory claiming that he owed her on a loan that she had made to him and for copies of tapes of "Michigan Outdoors" and "Practical Sportsman" that her late husband had made in conjunction with a TV show on which he appeared before his death.

Sherry Trost, who married Fred Trost in 1988, said his son promised to cover $109,000 in bac... More...
   $195000 (02-10-2012 - MI)

Stephen Veneklase v. Bridgewater Condos, LLC

In this case involving a contract dispute surrounding the purchase of a condominium unit, plaintiffs-appellants Stephen and Rebecca Veneklase (“the Veneklases”) appeal the district court’s order denying their motion for summary judgment, dismissing their state law claims without prejudice, and awarding defendant-appellee Bridgewater Condos, L.C. (“Bridgewater”) their cash deposit. The Ve... More...   $0 (02-07-2012 - MI)

Amanda Heinrich v. Waiting Angels Adoption Services, Inc.

Plaintiffs-appellants Amanda and Reece Heinrich and six other couples (referred to collectively as “plaintiffs”) appeal the district court’s order granting the second motion for judgment on the pleadings filed by defendants-appellees, Waiting Angels Adoption Services, Inc. and its principals, Simone Boraggina and Joseph Beauvais (referred to collectively as “defendants”). The district co... More...   $0 (02-07-2012 - MI)

Kasey, Inc. v. Alpine Realty Now, Inc.

Defendants Alpine Realty Now, Inc. (Alpine), Patrick Shaw (Shaw) and Donna Danyo (Danyo), appeal as of right a final judgment in favor of plaintiffs, Kasey, Inc., Karl Samuels, Jr. (Karl) and Christina Samuels (Christina), in this multifaceted civil case regarding the sale of the Tree House Bar and Grill. On appeal, defendants argue that (1) the evidence was insufficient to find defendants liable ... More...   $0 (01-03-2012 - MI)

 
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