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One Court of Justice Blog

Jan 2017
23
January 23, 2017

COA holds that MCR 2.116(I) permits courts to grant summary disposition on the pleadings, but a court must still afford litigants due process

In Lamkin v Hamburg Township No. 328836, the Court of Appeals ruled that a trial court’s adjudication authority under MCR 2.116(I) to render summary disposition on the pleadings sua sponte cannot be exercised in a way that violates basic due process. 
 

Jan 2017
02
January 02, 2017

COA rules that water leaking from defective fridge was proximate cause in slip and fall case

In Stenzel v Best Buy Company Inc., and Samsung Electronics American, Inc., No. 328804, a slip-and-fall case, the Court of Appeals held the trial court erred in granting summary disposition on the basis that there was no cause in fact or proximate cause. 
 

Dec 2016
22
December 22, 2016

COA: Trial court overstepped its authority in blocking state access to Legionella-related records from Flint area hospital

“An order restricting the flow of information to a state agency, or curtailing a state agency’s ability to fulfill its statutory mandate, cannot rest on catchy phrases or naked assertions devoid of factual support,” said the Michigan Court of Appeals in Department of Health & Human Services v. Genesee Circuit Judge, No. 334491.  In this action for superintending control, the Court of Appeals vacated three protective orders issued by Genesee Circuit Judge Geoffrey Neithercut, which prevented the Michigan Department of Health and Human Services (“DHHS” or “the Department”) from accessing McLaren-Flint Hospital’s medical records.

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