
	Where results make sense

Topic: Michigan Supreme Court

	MIbLAWg: Michigan Supreme Court Commentary
		Justice Weaver, by comparison, was elected to the probate court, the Court of Appeals and the Supreme Court by the voters.
		She was twice elected to that court and was appointed as its Chief Judge from 1997-1998 until her election to the Supreme Court.
		Michigan citizens need to realize that they are being stripped of their legal rights by the present court majority, irregardless of which political party you belong to.
	tcattorney.typepad.com /michigansupremecourt (5714 words)

	Bennis v. Michigan, 517 U.S. 1163 (1996)
		Michigan Supreme Court precedent interpreting this section prevented the State from abating petitioner's interest absent proof that she knew to what end the car would be used.
		Rejecting the Court of Appeals' interpretation of §600.3815(2), the court then announced that, in order to abate an owner's interest in a vehicle, Michigan does not need to prove that the owner knew or agreed that her vehicle would be used in a manner proscribed by §600.3801 when she entrusted it to another user.
		In this case, however, Michigan's Supreme Court emphasized with respect to the forfeiture proceeding at issue: "It is not contested that this is an equitable action," in which the trial judge has discretion to consider "alternatives [to] abating the entire interest in the vehicle." 447 Mich., at 742, 527 N. 2d, at 495.
	www.law.cornell.edu /supct/html/94-8729.ZO.html (2927 words)

	Michigan County Road Commission Self-Insurance Pool
		It was noted that prior panels of the Supreme Court considering the statutory language referred to above interpreted the statute to include, in the physical area covered by the statute, “integral parts of the highway,” “known points of hazard,” “points of special danger,” and “traffic sign maintenance” none of which appear in the statute.
		The court noted that their decision was limited to the liability of the state and county road commissions, not their duty.
		Additionally, because the Supreme Court and the media have invited the legislature to rewrite “the outrageously imperfect language” of the highway exception, the longevity of his expanded protection from liability may be subject to ongoing political consideration.
	www.mcrcsip.org /main.php?id=legal (1004 words)

	Michigan Supreme Court Historical Society
		One session of the Supreme Court was to be held annually in one of the three judicial circuits: Wayne, Washtenaw, and Kalamazoo.
		The jurisdiction of the Supreme Court established by the Constitution of 1835 was in many ways identical to the jurisdiction of the territorial Supreme Court.
		The Supreme Court ruled that a party that has given apparent consent to a contract of sale may void the contract if it was made upon the mistake of a material fact, such as the fertility of a cow.
	www.micourthistory.org /resources/overviewhistory.php (2211 words)

	Michigan Supreme Court lets presidential primary go forward - Kalamazoo Gazette - MLive.com
		In its 4-3 decision, the Michigan Supreme Court overturned lower court rulings that said the law setting up the primary was unconstitutional because it would let the state political parties keep track of voters' names and whether they took Democratic or GOP primary ballots but withhold that information from the public.
		Michigan Sen. Carl Levin has suggested holding the Michigan caucus the same day as the New Hampshire primary, so Gardner doesn't want to make a decision until that issue is settled.
		Michigan GOP Chairman Saul Anuzis said he is pleased that Wednesday's allows a January primary will be held and said Republicans will participate even if Democrats switch to a caucus.
	blog.mlive.com /kzgazette/2007/11/michigan_supreme_court_lets_pr.html (541 words)

	Op-Ed - Michigan Supreme Court Ruling On Medical Monitoring
		The Michigan Supreme Court is the fourth state supreme court in a row to reject this new cause of action, joining the supreme courts of Kentucky, Alabama and Nevada.
		As the Michigan Supreme Court recognized, many public and private interests had to be considered in deciding whether to create a new medical monitoring cause of action.
		Michigan residents, employers and workers should be able to rely on the fact that an well-informed Legislature that is accountable to their wishes will be allowed to make the right decision.
	www.legalreforminthenews.com /Op-Ed/Op_Ed-Lorber-7-18-05.html (829 words)

	Michigan Supreme Court
		On application by the plaintiff for leave to appeal, the Supreme Court, in lieu of granting leave, affirmed the judgments of the Court of Appeals and the circuit court.
		The court then reasoned that because the filing was a nullity, it did not toll the period of limitation and therefore plaintiff's claim was time-barred months before the affidavit of merit was finally furnished.
		Upon motion of a party for good cause shown, the court in which the complaint is filed may grant the plaintiff or, if the plaintiff is represented by an attorney, the plaintiff's attorney an additional 28 days in which to file the affidavit required under subsection (1).
	www.michbar.org /opinions/supreme/2000/032800/6724.html (2108 words)

	Michigan Supreme Court Special Report
		The Court ruled that the pollution exclusion clause was not ambiguous; therefore, consideration of extrinsic evidence as a construction aid is not appropriate.
		The Court said it must also determine whether the pool is "nonetheless estopped from enforcing this clause because of its practice of covering sewage backup claims or because of the manner in which it provided a defense to the city." The Court ruled "the pool is not estopped from enforcing the pollution exclusion clause.
		In this case, the Supreme Court said that the potential impacts on the State's economy are too important for it to rule in favor of the citizen plaintiffs regarding their request for medical monitoring costs related to dioxin exposures.
	www.ecobizport.com /SupremeCtMISR.html (5048 words)

	Michigan Law: Judicial Branch (Site not responding. Last check: )
		Michigan Supreme Court Records and Briefs are available from October 2001 to the current session.
		Michigan Supreme Court and Appeals Court (published) decisions are searchable from 2001, and Appeals Court (unpublished) opinions are searchable beginning with 1996.
		The Michigan Appellate Digest summarizes Supreme Court and Appellate decisions from 1992 to the present.
	www.oakgov.com /lawlib/mi_law/mi_judicial_branch.html (711 words)

	Top 20 U.S. Supreme Court Decisions - Michigan v. Sitz
		Texas, 443 U.S. As described by the Court of Appeals, the test involved [p*449] balancing the state's interest in preventing accidents caused by drunk drivers, the effectiveness of sobriety checkpoints in achieving that goal, and the level of intrusion on an individual's privacy caused by the checkpoints.
		The Court of Appeals agreed that "the Brown three-prong balancing test was the correct test to be used to determine the constitutionality of the sobriety checkpoint plan." 170 Mich.App., at 439, 429 N.W.2d, at 182.
		According to the court, the record disclosed no basis for disturbing the trial court's findings, which were made within the context of an analytical framework prescribed by this Court for determining the constitutionality of seizures less intrusive than traditional arrests.
	caselaw.duicenter.com /sitz01.html (671 words)

	Michigan Supreme Court Ruling on “Beachwalkin... [Mackinac Center for Public Policy]
		The Michigan Supreme Court has ruled that the public can walk recreationally across privately owned beachfront property as long as people remain below the “high-water mark.” Unfortunately, the “high-water” mark is problematically vague when applied to lakefront property, and walking is not an activity protected under the “public-trust” doctrine the court invoked.
		Goeckel, the Michigan Supreme Court held that Michiganders have a right to walk along privately owned beaches so long as they do not cross the “high-water mark.” While this will clearly be a popular decision, it is unsound — and it is even more flawed than the dissenting justices recognized.
		The United States Supreme Court in the 19th century held that the public-trust doctrine applied to the Great Lakes, because of its vast commercial shipping.
	www.mackinac.org /7346 (850 words)

	Michigan Supreme Court Announces Support for Access to Justice Fund
		Access to Justice is a partnership of the State Bar of Michigan, the Michigan State Bar Foundation, and legal aid providers that seeks to build an endowment for legal aid programs and also help to fund their daily operations.
		The Access to Justice Campaign is a State Bar of Michigan program designed to bring an awareness of the legal needs of the poor to members of the profession, and to encourage financial support of the civil legal aid non profit programs that operate throughout the state.
		The support of the Access to Justice Campaign by the Michigan Supreme Court was acknowledged at a reception on Wednesday, September 20, during the State Bar's 65th Annual Meeting in Detroit.
	www.michbar.org /news/releases/archives00/sept00_fund.cfm (478 words)

	Michigan Supreme Court Protects Public’s Right to Walk on Beach
		Michigan’s courts have held that the common law of the sea applies to the Great Lakes; therefore, the public trust doctrine inherent in the common law of the sea applies to the Great Lakes.
		The Supreme Court relied heavily on the public trust doctrine to reach its decision that Glass does not interfere with the Goeckels’ property rights when she walks along the shore of Lake Huron.
		The court disagreed, stating that the GLSLA establishes the scope of the Legislature’s regulatory authority pursuant to the public trust doctrine, but it does not purport to establish the boundaries to which the public trust doctrine applies.
	www.olemiss.edu /orgs/SGLC/National/SandBar/4.4beach.htm (1134 words)

	Understanding Federal and State Courts - Educational Outreach
		In addition, it demonstrates that while the U.S. Supreme Court is the final arbiter of the U.S. Constitution, the individual state supreme courts are the final arbiters of their respective state constitutions.
		The U.S. Supreme Court reversed the decision of the lower court and remanded (sent back) the case to that court with instructions to act in a manner consistent with the U.S. Supreme Court's opinion.
		Furthermore, the authority of courts to use their common-law powers to make or fill gaps in the law for equitable reasons is a sole prerogative of the state courts.
	www.uscourts.gov /outreach/resources/fedstate_casestudy.htm (4035 words)

	Miller, Canfield, Paddock and Stone, P.L.C. - Newsroom - Client Alerts \| Michigan Supreme Court ...
		By the time Veenstra was before the Court of Appeals, the Supreme Court had overruled the Court of Appeals decision in McCreedy, holding that the "status/conduct" distinction could not withstand legal examination and that the renters had a viable marital status claim.
		According to the Court, its decision in McCreedy was based solely on the fact that there was sufficient direct evidence of decision-making based on the renters' marital status to survive a motion to dismiss.
		The Supreme Court emphasized that decisions based solely on conduct rather than status do not violate the Act, and clarified that whether the conduct has criminal law consequences is irrelevant.
	www.millercanfield.com /newsroom/alerts_detail.asp?AlertId=8036662002 (681 words)

	toledoblade.com -- Michigan Supreme Court lets presidential primary go forward
		The court decision should make it easier for New Hampshire Secretary of State Bill Gardner to schedule that state's primary, which New Hampshire law requires to be the nation's first.
		In its 4-3 decision Wednesday, the Michigan Supreme Court overturned lower court rulings that said the law setting up the primary was unconstitutional because it would let the state political parties keep track of voters' names and whether they took Democratic or GOP primary ballots but withhold that information from the public.
		Michigan GOP Chairman Saul Anuzis said he is pleased the primary will be held and said Republicans will participate even if Democrats switch to a caucus.
	www.toledoblade.com /apps/pbcs.dll/article?AID=/20071121/NEWS19/71121018 (537 words)

	Michigan Supreme Court Makes Bad DUID Ruling
		Under a decision by a divided Michigan Supreme Court in June, you can be convicted of drugged driving, even if you are not in the least impaired by drugs.
		The ruling reverses a Michigan Appellate Court ruling which said that in order to move forward with a DUID prosecution, the state had to demonstrate that the presence of a controlled substance in a driver's body was the proximate cause of an accident.
		If Michigan’s policy were adopted nationwide, the licenses of over 25 million Americans could be revoked or suspended--with absolutely no discernible benefit to public safety.
	www.drugpolicy.org /news/080206duid.cfm (367 words)

	Briefs and Motions Filed
		The Michigan Supreme Court has granted Dow's application for immediate appeal of the medical monitoring claim granted by plaintiffs and stayed the ongoing proceedings in the trial court until the issue of medical monitoring is resolved.
		Currently, there is no authority in Michigan recognizing, and the Court should not create, a new tort of medical monitoring permitting claims for some undefined injury that may or may not develop in the future – and one that may or may not be caused by exposure to something.
		In this subsequent brief to the Michigan Supreme Court, Dow is asking the Court to directly dismiss, as a matter of law, the plaintiffs' medical monitoring claims.
	www.dow.com /facilities/namerica/michigan/dioxin/legal/briefs.htm (490 words)

	Favorable Michigan Supreme Court Ruling on Demonstrator Vehicles
		This overturns a previously held Michigan Court of Appeals decision to apply a reduced use tax rate on an automobile dealership’s demonstration vehicles in excess of the exempt 25 vehicles.
		The Supreme Court’s interpretation explains that the resale exemption includes all vehicles used as demonstrator vehicles while being held in inventory for resale without a reduced-rate exception, as previously interpreted by the Michigan Department of Treasury.
		In an unpublished decision, the Court of Appeals found that the purchase and use of preowned vehicles as demonstrator units that were ultimately sold were not limited to the 25-vehicle restriction defined in the demonstration exemption, because the intention of the purchase was for resale, regardless of the temporary demonstrator usage.
	www.crowechizek.com /Crowe/Publications/detail.cfm?id=919 (589 words)

	Yellow Freight System, Inc. v. Michigan
		The court of claims granted summary disposition for Plaintiff and the court of appeals affirmed.
		The Michigan Supreme Court reversed, holding that the state’s generic per vehicle registration fee in 1991 was the only relevant fee under the statute and that Michigan’s reciprocity agreements were irrelevant.
		Whether the Michigan Supreme Court erred in holding that, under the ISTEA, only a state's generic fee is relevant to determining the fee that was collected or charged as of November 15, 1991.
	www.law.duke.edu /publiclaw/supremecourtonline/certgrants/2002/yelvmic.html (178 words)

	Institute for Justice: Property Rights Cases: Poletown; Michigan; County of Wayne v. Hathcock
		Washington, D.C. —In a case with nationwide implications to halt the abuse of eminent domain, the Michigan Supreme Court last night reversed its infamous Poletown decision, which had allowed the condemnation of private property for so-called “economic development.” In a unanimous decision in County of Wayne v.
		And state supreme courts from Nevada to Connecticut have relied on the Poletown decision when upholding the condemnation of land for private parties.
		Michigan courts tended to forbid small condemnations for private parties, but when the city and developer claimed the project would have a significant economic impact, lower courts upheld the takings.
	www.ij.org /private_property/michigan/7_31_04pr.html (853 words)

	Michigan Justice and Divorce Reform
		The Michigan Supreme Court is empowered to write all of the rules that govern the attorney disciplinary process.
		The denial from the Supreme Court was unanimous.
		Your district attorney is not appointed by the county circuit court.
	tagolden.com (1906 words)

	Institute for Justice: Private Property Rights Cases: Poletown; Michigan
		That was when the Michigan Supreme Court released a unanimous decision ruling unequivocally that the government may not use eminent domain to take private property because someone else’s use of the property might be more profitable.
		The Court unanimously overruled the infamous Poletown decision and caused a seismic shift in the legal battle between home and business owners, on the one side, and an unholy alliance of tax-hungry bureaucrats and land-hungry developers on the other.
		Decided in 1981 by the Michigan Supreme Court, Poletown was the first major decision in the United States upholding the use of eminent domain for “economic development”—increasing tax revenues, jobs and the local economy generally.
	www.ij.org /private_property/michigan/index.html (317 words)

	Michigan Supreme Court » Michigan Auto Accident Lawyers Blog
		Chrysler which will have a devastating effect on injured workers and Michigan workers compensation lawyers. Workers injured on the job in Michigan will be the biggest losers, as the 4 activist justices on the Michigan Supreme Court (Justices Taylor, Corrigan, Young and Markman) have handed Michigan workers compensation insurance companies a stunning victory.
		Now, after a recent order by the Michigan Supreme Court, these hospitals may be putting these people at personal risk for their own medical bills.
		On March 7, 2008 the world changed overnight for Michigan attendant care lawyers, the catastrophically injured and attendant care providers. For the first time, the Michigan Supreme Court has extended the definition of “incurred” to include attendant care in a case called Burris v.
	www.michiganautolaw.com /auto-lawyers-blog/category/michigan-supreme-court (1069 words)

	The Wall Street Journal Online - Cross Country
		In particular, the court leapt on a provision barring medical malpractice plaintiffs from the courtroom unless they obtained an "affidavit of merit" from a medical specialist indicating that the suit was credible.
		Four of the justices who are regularly in the majority were originally appointed to the Michigan Court of Appeals, and all four won re-election before three were appointed to the state's highest judicial body.
		In 1998, the Michigan Supreme Court ruled that a police officer can be the proximate "cause" of an accident when the driver of a fleeing car hits a third party.
	www.opinionjournal.com /cc/?id=110007396 (920 words)

	Michigan Supreme Court: State Primary is Constitutional - Associated Content
		The final four Supreme Court Justices gave a ruling against Plaintiff Mark Grebner (Grebner vs Michigan Secretary of State Terri Lynn Land; Michigan Supreme Court Docket No. 135274) and Amicus Curiae (Friend of the Court) who were supporters of the Plaintiffs.
		Both the democratic as well as republican candidates have suddenly dug out issues pertaining to Michigan, which did not seem important in the Presidential Primaries in Iowa, New Hampshire etc. Voters are getting nightmares listening to the election promises made by the candidates.
		The Christmas season has been spoiled for the people of Michigan who have to keep listening to the political campaigns of both candidates on their television and radio where the presidential primary candidates are demanding the US pullout of Michigan military troops in Iraq.
	www.associatedcontent.com /article/459632/michigan_supreme_court_state_primary.html (431 words)

Try your search on: Qwika (all wikis)