Underwater refers to the region below the surface of water where the water exists ...
Michigan Court of Appeals Court Cases
The parties entered into an agreement for the sale of a computer software system in November 1986. The agreement provided that defendant Precision Consulting Services, Inc., would provide plaintiff Huron Tool and Engineering Company with "system's design, programming, training and installation services." Plaintiff paid the full purchase price by May 13, 1988. After that date, defendants performed additional work on the system in order to customize the software for plaintiff's use. Each time a [...]
Court: Michigan Court of Appeals Docket: 161050
Defendants appeal as of right a trial court order granting summary disposition to plaintiff on its claims of breach of contract, conversion, and fraud. Defendants also appeal as of right the trial court's denial of their motion for summary disposition. We reverse and remand for determination of damages pursuant to the liquidated damages formula set forth in the contract.
Court: Michigan Court of Appeals Docket: 189693
Meagher v. Wayne State Univ. (1997)This case arises out of the termination of plaintiff's employment at Wayne State University in 1991. In Docket No. 177139, plaintiff appeals as of right from a judgment of no cause of action resulting from a directed verdict, granted after a jury heard nine days of proofs, on her age discrimination claim, and the trial court's pretrial grant of summary disposition on her due process claim under 42 U.S.C. § 1983. Defendants have filed a cross appeal, but limit their arguments to plaintiff's [...]
Court: Michigan Court of Appeals Docket: Docket Nos. 177139, 183282
Novak v. Nationwide Ins. Co. (1999)
Plaintiff Terry Novak (plaintiff), who alleged that the Nationwide defendants (defendants) illegally terminated his position as an insurance sales agent because they found his Detroit-area clients economically undesirable, appeals as of right from an order granting defendants' motion for summary disposition of his nine-count complaint. We affirm.
Court: Michigan Court of Appeals Docket: 204162
Phinney v. Verbrugge (1997)Defendant Marion Perlmutter hired plaintiff, Carolyn Phinney, as a senior research associate at the Institute of Gerontology (IOG) at the University of Michigan. At the time, Perlmutter was a research scientist at the IOG, and defendant Richard Adelman was the Director of the Institute. Plaintiff accused Perlmutter of stealing her research. Adelman appointed defendant Lois Verbrugge to conduct an investigation. The investigators found that Perlmutter was not guilty of scientific misconduct. [...]
Court: Michigan Court of Appeals Docket: Docket Nos. 175485, 175857 and 176940
Plaintiffs, Belle Isle Grill Corporation and Wissam Hannawa (hereinafter collectively referred to as "plaintiff") appeal as of right, and defendant city of Detroit cross-appeals, the order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(7), (8), and (10) in this case arising from the alleged breach of a lease agreement entered into by defendant and plaintiff in August 1996.
Court: Michigan Court of Appeals Docket: 231913
Defendant Kirtland Community College (KCC) appeals as of right from an order denying its motion for judgment notwithstanding the verdict (JNOV) or a new trial. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
Court: Michigan Court of Appeals Docket: 217040
Plaintiff Detroit Edison Company (Edison) appeals as of right from a circuit court order granting summary judgment in favor of defendant Michigan Mutual Insurance Company (Mutual) and from a denial of a motion for reconsideration of that summary judgment order. Edison had sought a declaratory judgment and a declaration of duty to defend to compel Mutual to defend Edison in a personal injury suit that was then pending.
Court: Michigan Court of Appeals Docket: 78-3481
Walsh v. Taylor (2004)
This case arises from the underlying arrest and detention of plaintiff Stanley T. Walsh by defendant law enforcement officers Robert Taylor and Richard Margosian on a charge that plaintiff solicited the purchase of illegal drugs. A magistrate later dismissed the charge. Defendant Taylor appeals as of right the circuit court's order denying his motion for summary disposition premised on governmental immunity. We reverse.
Court: Michigan Court of Appeals Docket: 246059
People v. Snider (2000)
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.
Court: Michigan Court of Appeals Docket: 203328
VanVorous v. Burmeister (2004)Plaintiff Darlene VanVorous appeals by right orders dismissing her claims of assault and battery, gross negligence, and intentional infliction of emotional distress filed on behalf of her decedent, John VanVorous, after he was shot and killed by defendant police officers. In this case, we are asked to determine whether the doctrine of collateral estoppel precludes plaintiff's state law claims where her Fourth Amendment excessive force claim has been adjudicated in federal court. Plaintiff also [...]
Court: Michigan Court of Appeals Docket: 248450
Jackson, Lewis, Schnitzler & Krupman (by Stephen X. Munger and by J. Steve Warren, Atlanta, Georgia, and Stephen F. Fisher ), Greenville, South Carolina, amicus curiae for Employment Dispute Services, Inc.
Court: Michigan Court of Appeals Docket: 196542
Sventko v. Kroger Co. (1976)On December 9, 1974, plaintiff filed a complaint against defendant company alleging that she had been wrongfully discharged from her employment with defendant. The complaint alleged that plaintiff had suffered a disabling injury while in defendant's employ on May 14, 1973; that on July 24, 1973, plaintiff filed a workmen's compensation claim; that plaintiff was treated for her disability between May 18 and November 27, 1973; and that on November 13, 1973, plaintiff was notified that she would [...]
Court: Michigan Court of Appeals Docket: 25227
Defendant, Allied Chucker and Engineering Company, appeals as of right the judgment entered against it following a nine-day bench trial for the recovery of unpaid sales commissions owing to plaintiff, H.J. Tucker & Associates, Inc. In this case, we are asked to decide, in addition to other issues, an issue of first impression involving whether M.C.L. § 600.2961; MSA 27A.2961 of the Revised Judicature Act (RJA), which grants treble damages for an intentional failure to pay commissions to a [...]
Court: Michigan Court of Appeals Docket: 195921
Lewis v. LeGrow (2003)This case involves the surreptitious, nonconsensual videotaping of intimate acts of sexual relations in defendant James F. Le-Grow's bedroom. After a joint trial, a jury found that defendant violated M.C.L. § 750.539d, invaded plaintiffs Jessica Lewis, Bethany L. Dennis, and Amy Shemanski's common-law right to privacy, and intentionally or recklessly inflicted emotional distress. Defendant argues on appeal that because plaintiffs willingly exposed themselves while having sex with him, his [...]
Court: Michigan Court of Appeals Docket: Docket Nos. 234723, 234726, 234727
White, Przybylowicz, Schneider & Baird, P.C. (by James J. Chiodini and James A. White), Okemos, for Michigan Processing Apple Growers, Inc., a division of Michigan Agricultural Cooperative Marketing Association, Inc.
Court: Michigan Court of Appeals Docket: Docket Nos. 216917, 217396, 218400 and 218584
Feldman v. Green (1984)
Plaintiff appeals from an order of the Oakland County Circuit Court which granted defendants' motion for summary judgment. The trial court held that there existed no genuine issue of material fact as to the allegation that defendants tortiously interfered with plaintiff's contractual dealings to purchase real property. This Court has more than a passing familiarity with the dispute represented here, as the following recitation will make evident.
Court: Michigan Court of Appeals Docket: 65930
In Re Ramsey (1998)
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Richard H. Browne, Chief, Appellate Division, and Anica Letica, Assistant Prosecuting Attorney, for Petitioner-Appellant.
Court: Michigan Court of Appeals Docket: 204581
In Docket No. 169059, plaintiffs appeal from the judgment of the circuit court awarding plaintiffs $70,034.77. The amount awarded represents the jury's verdict of $198,000, minus worker's compensation benefits received by Mr. Heinz, and then reduced by fifty percent as a result of plaintiff Robert Heinz' comparative negligence. Plaintiffs contend that the trial court erred in reducing the jury's verdict by the amount of the worker's compensation benefits under M.C.L. § 600.6303(1); M.S.A. § [...]
Court: Michigan Court of Appeals Docket: Docket Nos. 169059, 169075
People v. Aldrich (2001)Defendants Kris M. Aldrich and Kyall W. Aldrich were originally charged with second-degree murder, M.C.L. § 750.317, and, alternatively, with involuntary manslaughter or manslaughter committed with a motor vehicle, M.C.L. § 750.321. Following a jury trial, both defendants were convicted of involuntary manslaughter. Kris Aldrich was sentenced as an habitual offender, fourth offense, to fifteen to thirty years' imprisonment. Kyall Aldrich was sentenced as an habitual offender, third [...]
Court: Michigan Court of Appeals Docket: Docket Nos. 216402, 216403