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A Better Partnership

October 2011

Oct 2011
October 20, 2011

COA Opinion: Seller's agent can be liable for misstatement about environmental condition of property

In Alferi v. Bertorelli, No. 297733, the Court of Appeals considered the liability of a seller's agents for claims of negligent misrepresentation and silent fraud based upon an alleged misstatement that the property in question had been cleaned up when, in fact, it was still significantly contaminated. After trial finding defendants liable, the Cou

Oct 2011
October 19, 2011

COA Opinion: Under Drain Code, writ of certiorari is not an exlusive remedy for challenging the Drain Commission's authority.

In Township of Elba v. Gratiot County Drain Commissioner, No. 303211, the Michigan Court of Appeals reversed the grant of summary disposition to the Drain Commissioner, concluding that the petition supporting the Commissioner's drain consolidation project lacked sufficient signatures and that the notice of hearing was deficient. In reaching these co

Oct 2011
October 19, 2011

COA Opinion: Appropriate test for determining whether a road is open for public travel in a government immunity case centers on a reasonable motorist's belief that the road was open.

  In Snead v John Carlo, Inc., No. 298575, the Court of Appeals considered an appeal by the Michigan Department of Transportation ('MDOT') from a trial court's order for partial summary judgment on behalf of the plaintiff. The plaintiff was a motorist who sustained injuries after driving into a large hole in the road

Oct 2011
October 17, 2011

COA Opinion: A signed certificate of mailing is a testimonial statement under the confrontation clause

In People v. Nunley, No. 302181, the Court of Appeals held that the circuit court did not abuse its discretion when it affirmed the trial court's decision to deny admission of a certificate of mailing because its admission without witness testimony would violate the confrontation clause of the U.S. Constitution. The defendant was charged with 'driving while license

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