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October 2011

Oct 2011
24
October 24, 2011

COA Opinion: Executive-specific governmental immunity does not extend to a police chief's conduct while performing the duties of an ordinary police officer

In Petipren v. Jaskowski, Case Nos. 298088, 301125, the Court of Appeals concluded that absolute immunity for the elected or highest appointed executive official, under MCL 691.1407(5), does not apply to 'conduct by a police chief that occurred when the chief was acting as an ordinary police officer rather than within his capacity as the highest executive official o

Oct 2011
24
October 24, 2011

COA Opinion: Life sentence for CSC-1 is not cruel and unusual punishment

In People v. Brown, No. 297728, the Michigan Court of Appeals affirmed the defendant's conviction of one count of criminal sexual conduct in the first degree ('CSC-I') and the attendant life sentence. The defendant challenged his conviction and sentence on a variety of grounds, including prosecutorial misconduct, admissibility of evidence, ineffective assistance o

Oct 2011
24
October 24, 2011

COA Opinion: Insurance-policy term "shared-expense carpool" included pay-to-ride carpool arrangement

In Pugh v. Zefi, No. 299034, the Michigan Court of Appeals affirmed the trial court's denial of Defendant-Appellant Farmers Insurance Exchange motion for partial summary disposition on the issue of underinsured motorist coverage. The Court held that the plaintiff's car-sharing arrangement fit the definition of 'shared-expense car poo

Oct 2011
24
October 24, 2011

MSC Order: Recall election of Rep. Paul Scott may proceed

The Michigan Supreme Court issued an order in Scott v. Michigan Director of Elections, No. 143878, reversing the order of the Court of Appeals and reinstating the Ingham County Circuit Court order that denied the plaintiff's motion for a preliminary injunction. In this case, state Rep. Paul Scott, a Republican from Grand Blanc, challenged the recall petiti

Oct 2011
22
October 22, 2011

MSC Order List: October 21, 2011

In Young v. Nandi, the Michigan Supreme Court peremptorily reversed in part a Court of Appeals decision requiring a trial court to award of case-evaluation sanctions

Oct 2011
20
October 20, 2011

MSC Order List: October 19, 2011

On October 19, 2011, the Michigan Supreme Court granted the application for leave to appeal in Boertmann v. Cincinnati Ins Co, No. 142936, and invited the Michigan Association for Justice, the Michigan Defense Trial Counsel, Inc., the Commissioner of the Office of Financial and Insurance Regulation, and the Negligence Law Section of the Stat

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