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Court Of Appeals Finds Potential Environmental Hazards Require Disclosure On Seller’s Disclosure Statement

Contaminated groundwater is an "environmental hazard" under the seller disclosure act, even if there is no known contamination of the soil or vapor intrusion in the home. The court reversed the trial court's decision, which had granted summary disposition in favor of the Defendant-Appellees, on the basis that there was no "environmental hazard" to disclose.  

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Michigan Supreme Court Finds Credibility Disputes Over Vehicle Signal Use Preclude Summary Judgment And Clarifies Spoliation Standard

Summary disposition was not warranted where there were factual disputes about whether a truck’s turn signals were operating at the time of the accident. Further, sanctions for spoliation of evidence must be supported by findings at the trial court that the evidence at issue was material and that the party had a duty to preserve the evidence before a lawsuit was filed.

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Michigan Supreme Court Says Sidewalk Metal Hazard Not Subject To Governmental Immunity

The city of Detroit was not entitled to summary disposition on the basis of governmental immunity after the Court determined that a metal stub protruding out of a paved sidewalk constituted a “sidewalk defect” and created “a dangerous condition”. . The Supreme Court reversed the Court of Appeals’ decision and remanded to the trial court.

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Release Signed By Volunteer Ski Patroller Not ‘Ambiguous’

The Michigan Supreme Court has reversed a ruling that allowed a negligence suit to proceed against a ski resort because, contrary to the Michigan Court of Appeals decision in the case, the release signed by the injured party was not ambiguous.

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Court Of Appeals Holds Attorney’s Statements To State Bar Of Michigan Protected By Absolute Immunity Even If False

The Court of Appeals affirmed the trial court’s decision to grant summary disposition in favor of Defendants, an attorney and his law firm.  The Court reasoned that Defendants were immune from tort liability when speaking to the State Bar of Michigan’s character-and-fitness committee regarding Plaintiff, a law school graduate, even if their statements could have been false or misleading.

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Court Of Appeals Affirms Termination Of Parental Rights Where Father Failed To Assert Tribal Affiliation Or Rectify Substance-Use Barrier

The Court of Appeals affirmed the Trial Court’s decision to terminate the respondent’s parental rights because he failed to assert the child’s Native American or tribal affiliation to the Trial Court and failed to demonstrate that he would be able to rectify his substance-use barrier in a reasonable time considering the child’s age.

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