summary disposition hearing in Michigan

2018In St Mary’s Honor Ctr, 509 US 502 , the United States Supreme Court revisited the role of the prima facie case in step three of the summary disposition analysis.

1998Thus, rejection of the defendant’s proffered reasons will permit the trier of fact to infer the ultimate fact of intentional discrimination, and the Court of Appeals was correct when it noted that, upon such rejection, “[n]o additional proof of discrimination is required” . ... [St Mary’s Honor Center v Hicks, 509 US 502, 511 ; 113 S Ct 2742 ; 125 L Ed 2d 407 (1993).] In our earlier decision in this matter, and in Town v Michigan Bell Telephone Co, 455 Mich 688 ; 568 NW2d 64 (1997), a majority of this Court adopted what is known as the “intermediate position” for determining the proper summary

2018Further, “a question is not moot if it will continue to affect a [party] in some collateral way,” In re Dodge Estate, 162 Mich App 573, 584 ; 413 NW2d 449 (1987), and defendants’ Daubert challenge had implications extending beyond summary disposition; as a motion in limine, it was aimed at precluding admission of the challenged expert testimony at trial.

2018Further, “a question is not moot if it will continue to affect a [party] in some collateral way,” In re Dodge Estate, 162 Mich App 573, 584 ; 413 NW2d 449 (1987), and defendants’ Daubert challenge had implications extending beyond summary disposition; as a motion in limine, it was aimed at precluding admission of the challenged expert testimony at trial.

2018That being said, the [c]ourt will grant the relief set forth in the motion for summary disposition, consistent with the pleading, as well as consistent with [Marquette, 114 Mich App at 92 ], in that the plaintiff failed to appear and did not respond. . . .

2018That being said, the [c]ourt will grant the relief set forth in the motion for summary disposition, consistent with the pleading, as well as consistent with [Marquette, 114 Mich App at 92 ], in that the plaintiff failed to appear and did not respond. . . .

2017Because any determination of plaintiff’s claims would require a review of the summary disposition hearing transcript, and because plaintiff has failed to produce this transcript for review, we cannot conclude that the trial court erred.3 Myers, 189 Mich App at 443-444 ; Nye, 169 Mich App at 413. 2 We disagree with plaintiff’s assertion that his claims do not implicate the hearing.

2017Because any determination of plaintiff’s claims would require a review of the summary disposition hearing transcript, and because plaintiff has failed to produce this transcript for review, we cannot conclude that the trial court erred.3 Myers, 189 Mich App at 443-444 ; Nye, 169 Mich App at 413. 2 We disagree with plaintiff’s assertion that his claims do not implicate the hearing.

2026As stated in People v Anderson, 209 Mich App 527, 535 ; 531 NW2d 780 (1995), “Normally, failure to provide this Court with the relevant transcript, as required by MCR 7.210(B)(1)(a), constitutes a waiver of the issue.

2026As stated in People v Anderson, 209 Mich App 527, 535 ; 531 NW2d 780 (1995), “Normally, failure to provide this Court with the relevant transcript, as required by MCR 7.210(B)(1)(a), constitutes a waiver of the issue.

2025These consistent case references to a person whose license has been revoked being “unlicensed” and “not licensed” reflect the “commonly used meaning” of “unlicensed” and the common understanding and meaning of the colloquial phrase “not licensed.” McCarn, 471 Mich at 288 ; Henderson, 460 Mich 355 -357.

2023“Due process is a flexible concept, the essence of which requires fundamental fairness.” Al-Maliki v LaGrant, 286 Mich App 483, 485 ; 781 NW2d 853 (2009).

2023“Due process is a flexible concept, the essence of which requires fundamental fairness.” Al-Maliki v LaGrant, 286 Mich App 483, 485 ; 781 NW2d 853 (2009).

2023“The word ‘incurred’ is not defined in the no-fault act, so we accord the word its plain and ordinary meaning within the context of the statute.” Shanafelt, 217 Mich App at 638 .

2023Viewing the evidence in the light most favorable to plaintiff, see Maiden, 461 Mich at 119 - 120, it is clear that plaintiff, through Wiersema, acknowledged that the draws on the line of credit had been deposited into plaintiff’s checking account and used to fund plaintiff’s operations, and did not dispute that plaintiff was obligated, under the promissory note, to repay the draws used for its benefit.

2022“Ordinarily, a trial court has discretion on a motion for reconsideration to decline to consider new legal theories or evidence that could have been presented when the motion was initially decided.” Yoost v Caspari, 295 Mich App 209, 220 ; 813 5 Eagle Landing Trail runs westward along the northern properties (properties north of lot 10), almost to Lake 27. 6 It is obvious from reviewing the lower court record that the issue regarding whether plaintiffs had an express easement on the basis of the recorded 1959 easement was resolved at a summary disposition hearing on December 30, 2019.

2021Rocky Produce, Inc v Frontera, 181 Mich App 516, 517 ; 449 NW2d 916 (1989).

2021Rocky Produce, Inc v Frontera, 181 Mich App 516, 517 ; 449 NW2d 916 (1989).

2019“An amendment would be futile if (1) ignoring the substantive merits of the claim, it is legally insufficient on its face; (2) it merely restates allegations already made; or (3) it adds a claim over which the court lacks jurisdiction.” PT Today, Inc v Comm’r of Office of Fin and Ins Servs, 270 Mich App 110, 143 ; 715 NW2d 398 (2006) (citations omitted). 12 Further, at the motion hearing, Mayser argued that the e-mails attached to GPI’s proposed amended complaint were one portion of a longer string, in which Mayser explicitly rejected lifetime commissions. 13 The trial court went back and fort

2019“An amendment would be futile if (1) ignoring the substantive merits of the claim, it is legally insufficient on its face; (2) it merely restates allegations already made; or (3) it adds a claim over which the court lacks jurisdiction.” PT Today, Inc v Comm’r of Office of Fin and Ins Servs, 270 Mich App 110, 143 ; 715 NW2d 398 (2006) (citations omitted). 12 Further, at the motion hearing, Mayser argued that the e-mails attached to GPI’s proposed amended complaint were one portion of a longer string, in which Mayser explicitly rejected lifetime commissions. 13 The trial court went back and fort

2016Moreover, our review is de novo, Johnson, 492 Mich at 173 ; thus, even if the trial court somehow misapplied the summary disposition standard, this does not affect resolution of the case.

2016Mack v Detroit (On Remand), 254 Mich App 498, 499 ; 658 NW2d 492 (2002).

2016Mack v Detroit (On Remand), 254 Mich App 498, 499 ; 658 NW2d 492 (2002).

2016Pollack Trust, 309 Mich App 125, 149 ; 867 NW2d 884 (2015) (citation and quotation omitted).] 4 Although not filed with petitioner’s brief in response to the motion for summary disposition, it appears that petitioner submitted a deposition transcript to the court at the summary disposition hearing.

2016Pollack Trust, 309 Mich App 125, 149 ; 867 NW2d 884 (2015) (citation and quotation omitted).] 4 Although not filed with petitioner’s brief in response to the motion for summary disposition, it appears that petitioner submitted a deposition transcript to the court at the summary disposition hearing.

2015When “a party opposes a motion for summary disposition on the ground that discovery is incomplete, the party must at least assert that a dispute does indeed exist and support that allegation by some independent evidence.” VanVorous v Burmeister, 262 Mich App 467, 478 ; 687 NW2d 132 (2004) (citation and quotation marks omitted).

2015When “a party opposes a motion for summary disposition on the ground that discovery is incomplete, the party must at least assert that a dispute does indeed exist and support that allegation by some independent evidence.” VanVorous v Burmeister, 262 Mich App 467, 478 ; 687 NW2d 132 (2004) (citation and quotation marks omitted).

2012This is because they have a level of 3 Schultz v Consumers Power Co, 443 Mich 445, 449-450 ; 506 NW2d 175 (1993), quoting Prosser & Keeton, Torts (5th ed), § 53, p 356. 4 Dyer v Trachtman, 470 Mich 45, 49 ; 679 NW2d 311 (2004). 5 Huhtala v Travelers Ins Co, 401 Mich 118, 130 ; 257 NW2d 640 (1977) (“The relationship of the supplier of services with the consumer, although contractual in inception, [gives] rise to a duty imposed by law on the supplier, apart from the terms of their agreement, to take reasonable safeguards to protect the consumer.”). 4 sophistication and knowledge superior to that

2012This is because they have a level of 3 Schultz v Consumers Power Co, 443 Mich 445, 449-450 ; 506 NW2d 175 (1993), quoting Prosser & Keeton, Torts (5th ed), § 53, p 356. 4 Dyer v Trachtman, 470 Mich 45, 49 ; 679 NW2d 311 (2004). 5 Huhtala v Travelers Ins Co, 401 Mich 118, 130 ; 257 NW2d 640 (1977) (“The relationship of the supplier of services with the consumer, although contractual in inception, [gives] rise to a duty imposed by law on the supplier, apart from the terms of their agreement, to take reasonable safeguards to protect the consumer.”). 4 sophistication and knowledge superior to that

2012This is because they have a level of 3 Schultz v Consumers Power Co, 443 Mich 445, 449-450 ; 506 NW2d 175 (1993), quoting Prosser & Keeton, Torts (5th ed), § 53, p 356. 4 Dyer v Trachtman, 470 Mich 45, 49 ; 679 NW2d 311 (2004). 5 Huhtala v Travelers Ins Co, 401 Mich 118, 130 ; 257 NW2d 640 (1977) (“The relationship of the supplier of services with the consumer, although contractual in inception, [gives] rise to a duty imposed by law on the supplier, apart from the terms of their agreement, to take reasonable safeguards to protect the consumer.”). 4 sophistication and knowledge superior to that

2012This is because they have a level of 3 Schultz v Consumers Power Co, 443 Mich 445, 449-450 ; 506 NW2d 175 (1993), quoting Prosser & Keeton, Torts (5th ed), § 53, p 356. 4 Dyer v Trachtman, 470 Mich 45, 49 ; 679 NW2d 311 (2004). 5 Huhtala v Travelers Ins Co, 401 Mich 118, 130 ; 257 NW2d 640 (1977) (“The relationship of the supplier of services with the consumer, although contractual in inception, [gives] rise to a duty imposed by law on the supplier, apart from the terms of their agreement, to take reasonable safeguards to protect the consumer.”). 4 sophistication and knowledge superior to that

2006Verbrugghe, supra at 386 .

2006Id. at 386 , 715 N.W.2d 72 .

2006Id. at 386 , 715 N.W.2d 72 .