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A Better Partnership

May 2013

May 2013
24
May 24, 2013

MSC orders COA to consider habeas appeal

In lieu of granting leave to appeal in In re: Malachi Eric Boynton, the Court remanded an appeal from denial of habeas corpus to the Court of Appeals with instructions to consider the appeal as on leave granted. The intermediate appellate court had previously denied the application for leave to appeal for lack of merit without issuing an opinion.

May 2013
24
May 24, 2013

COA conflict panel holds that, where a tort is pled, the tort-venue statute governs

In Angelucci v Dart Properties, Inc, the Court of Appeals convened a special panel to resolve a conflict regarding the interpretation of the multiple-claims-venue statute. Provider Creditors Committee v United American Health Care Corp, 275 Mich App 90, 94; 738 NW2d 770 (2007), had held that the multiple-claims-venue statute required the to

May 2013
23
May 23, 2013

Michigan Supreme Court holds that Michigan Medical Marihuana Act supersedes the zero-tolerance provision of the Michigan Vehicle Code

In People v. Koon, the Michigan Supreme Court held that the Michigan Medical Marihuana Act ('MMMA'), MCL 333.26421, allows a registered patient to drive when he has marihuana in his system but is not otherwise 'under the influence' of marihuana, because the MMMA supersedes the portion of the Michigan Vehicle Code that prohibits a person from driving with any amount of

May 2013
23
May 23, 2013

MSC to consider the applicability of use tax

The Michigan Supreme Court granted the application for leave to appeal in NACG Leasing v. Dep't of Treasury. The parties shall address the applicability of the use tax to a purchase of tangible personal property by one party and leased to another party, where the purchaser/lessor does not obtain actual possession of the property.

May 2013
23
May 23, 2013

MSC to decide issues related to firearm violation

The Michigan Supreme Court granted the application for leave to appeal in People v. Lafountain. The parties shall address: (1) whether to prove a violation under MCL 33.7401c which "involves the possession, placement or use of a firearm," the presence of a firearm in a room accessed by the defendant is sufficient, if the defendant occupied

May 2013
23
May 23, 2013

COA holds that a partner did not breach an open-ended partnership agreement by unilaterally dissolving the partnership

In Urbain v. Beierling, the Court of Appeals held that a partner did not breach an open-ended partnership agreement by unilaterally dissolving the partnership because an open-ended partnership could be dissolved by the express will of any partner pursuant to the Uniform Partnership Act (UPA), MCL 449.31. According to the UPA, if a partner unilaterall

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