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A Better Partnership

January 2013

Jan 2013
January 25, 2013

MSC Order List: January 24, 2013

The Michigan Supreme Court granted leave to appeal in People v Duncan, limited to the question of whether a 'witness was 'unavailable' for the purposes of MRE 804(a).' The Court also vacated as dicta the portions of the opinions below that address 'whether the admission of the complainant's preliminary examination testimony would viola

Jan 2013
January 21, 2013

MSC Order List: January 18, 2013

The Michigan Supreme Court denied 11 applications for leave, and remanded three matters to the Court of Appeals or trial court. In Michigan Insurance Company v. National Liability & Fire Insurance Company, the Supreme Court summarily reversed the Court of Appeals' holding that an adult foster care home resident was covered on the home's no-fault insurance polic

Jan 2013
January 18, 2013

COA Opinion: Tortious interference with contract requires proof of intent to induce breach of contract

In Knight Enterprises, Inc. v. RPF Oil Co., the Michigan Court of Appeals reversed the trial court's judgment in favor of the plaintiff, because the plaintiff failed to demonstrate that the defendant instigated the breach of contract. In this case, the plaintiff supplied gasoline to a gas station under a 10-year fuel supply agreement. The gas station owner breached

Jan 2013
January 18, 2013

COA Opinion: Government liable for car-accident victim's lost wages and service expenses

In Hannay v Department of Transportation, an employee of the Department of Transportation failed to obey a stop sign and hit Heather Lynn Hannay. Hannay was seriously injured and sued the Department. Hannay sought damages for lost wages and service expenses allowed by the No-Fault Act. The Department argued that the Government Tort Liability Act ('G

Jan 2013
January 16, 2013

COA Opinion: Sentencing variable for exploitation of a vulnerable victim is appropriate where the defendant did not have contact with victims

In People v. Needham, the Michigan Court of Appeals held that a child pornography sentence may be enhanced pursuant to OV-10 for exploitation of a vulnerable victim even though the defendant never had contact with the victims. The court reasoned that, because the images were of real children, the defendant exploited and manipulated these vulnerable victims by posse

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