Speaker Law Firm Speaker Law Firm

Michigan Supreme Court To Hear Case Involving Cap On Real Property Taxes

The Michigan Supreme Court has agreed to hear a case where the lower courts ruled that, because the installation of a replacement roof on a commercial building constituted “new construction” and an “addition,” the property’s taxable value was properly increased beyond the statutory cap.

Read More
Speaker Law Firm Speaker Law Firm

Michigan Supreme Court Finds Credibility Disputes Over Vehicle Signal Use Preclude Summary Judgment And Clarifies Spoliation Standard

Summary disposition was not warranted where there were factual disputes about whether a truck’s turn signals were operating at the time of the accident. Further, sanctions for spoliation of evidence must be supported by findings at the trial court that the evidence at issue was material and that the party had a duty to preserve the evidence before a lawsuit was filed.

Read More
Speaker Law Firm Speaker Law Firm

Michigan Supreme Court Says Sidewalk Metal Hazard Not Subject To Governmental Immunity

The city of Detroit was not entitled to summary disposition on the basis of governmental immunity after the Court determined that a metal stub protruding out of a paved sidewalk constituted a “sidewalk defect” and created “a dangerous condition”. . The Supreme Court reversed the Court of Appeals’ decision and remanded to the trial court.

Read More
Speaker Law Firm Speaker Law Firm

Release Signed By Volunteer Ski Patroller Not ‘Ambiguous’

The Michigan Supreme Court has reversed a ruling that allowed a negligence suit to proceed against a ski resort because, contrary to the Michigan Court of Appeals decision in the case, the release signed by the injured party was not ambiguous.

Read More
Speaker Law Firm Speaker Law Firm

Appeals Court: No ‘Fees For Fees’ Award In FOIA Case

A trial court properly refused to award the plaintiff in this Freedom of Information Act (FOIA) case attorney fees that were incurred after the defendant’s disclosure of the requested information but incurred as a result of seeking fees related to that disclosure – otherwise known as “fees for fees,” the Michigan Court of Appeals has ruled

Read More
Speaker Law Firm Speaker Law Firm

Mom Convicted Of Shaking Infant To Death Gets New Trial

The Michigan Supreme Court decided the trial court wrongly held that expert testimony on shaken baby syndrome (SBS) was inadmissible under the rules of evidence and, as a result, the defendant is entitled to a new trial.

Read More