The trial court erred when making its decision upon a mistaken belief that, under the undisputed factual circumstances, it lacked discretion to empanel a jury. The Court of Appeals reversed and remanded their decision for proceedings consistent with their opinion that a trial court retains discretion to empanel a jury even when parties fail to properly preserve their constitutional right to a jury trial.

The trial court abused its discretion when it ordered reformation of the insured’s no-fault policy instead of rescission, the Michigan Supreme Court has held in a unanimous decision.

In this case involving the mandatory reporting of suspected child abuse, the trial court properly dismissed tort claims against a doctor and a hospital because immunity under the Child Protection Law applies even though the reporting was not “immediate,” the Michigan Court of Appeals has ruled.

A trial court properly refused to award the plaintiff in this Freedom of Information Act (FOIA) case attorney fees that were incurred after the defendant’s disclosure of the requested information but incurred as a result of seeking fees related to that disclosure – otherwise known as “fees for fees,” the Michigan Court of Appeals has ruled

Court of Appeals conflict panel holds that a stipulated final order does not require reservation of appellate rights language in order to review interlocutory order. Dramshop Act does not bar claims for negligence related to hiring, training and supervision of employee unrelated to actions of intoxicated patron.

The Michigan Court of Appeals has ruled that the notice requirement in the Mental Health Code – specifically MCL 330.1453(1) – does not apply to the initial process of obtaining mental health evaluations.