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June 2013

Jun 2013
07
June 07, 2013

COA holds that it is reversible error to refuse a jury instruction on lesser charge where evidence supports it

In People v. Mitchell, the Michigan Court of Appeals held that the trial court committed reversible error when it denied the defendant's request for a jury instruction on voluntary manslaughter, where there was evidence the defendant was provoked and the jury asked if it could convict on the lesser charge. Defendant Bradford Mitchell was convicted of sec

Jun 2013
07
June 07, 2013

COA holds assessments upon Michigan insurance companies are a 'burden' under Michigan's retaliatory tax, even where passed on to the policyholder

In Commerce & Industry Insurance Co. v. Department of Treasury, the Michigan Court of Appeals held that three assessments levied against Michigan-based insurers by New York law constituted 'burdens' under the retaliatory tax, even though the insurers passed them onto the policyholders. This was because the assessments were charged to Michigan-based insurers doing

Jun 2013
06
June 06, 2013

MSC to decide issues relating to indemnification clause

The Michigan Supreme Court granted the application for leave to appeal in Miller-Davis Co. v. Ahrens Construction, Inc., limited to the issues: (1) whether the indemnification clause in the plaintiff's contract with one defendant applies to this case; (2) if so, whether the plaintiff's action for breach of that clause was barred by the stat

Jun 2013
06
June 06, 2013

MSC to consider question regarding adverse employment action

The Michigan Supreme Court granted the application for leave to appeal in Wurtz v. Beecher. The parties shall address: (1) whether the plaintiff suffered an adverse employment action under the Whistleblower Protection Act when the defendants did not renew or extend the plaintiff's employment contract; and (2) whether the grant of the defen

Jun 2013
06
June 06, 2013

MSC to hear shareholder action case

The Michigan Supreme Court granted leave to appeal in Madugula v. Taub. The parties shall include among the issues to be briefed: (1) whether claims brought under MCL 450.1489 are equitable claims to be decided by a court of equity; (2) whether the provisions of a stockholders' agreement can create shareholder interests protected by MCL 45

Jun 2013
06
June 06, 2013

MSC to consider issues related to Brady violation

The Michigan Supreme Court granted the application for leave to appeal in People v. Chenault. The parties shall consider among the issues to be briefed: (1) whether a previous decision of the Court of Appeals correctly articulates what a defendant must show in order to establish a Brady violation; (2) whether the Court of Appeals

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