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  • Commentaries
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Michigan Case Commentaries

Rescission on MCR 2.116(C)(10): De Novo “No Fact Issue” Review, Then Abuse-of-Discretion Review of the Equitable Remedy

Rescission on MCR 2.116(C)(10): De Novo “No Fact Issue” Review, Then Abuse-of-Discretion Review of the Equitable Remedy

Date: Apr 22, 2026
Rescission on MCR 2.116(C)(10): De Novo “No Fact Issue” Review, Then Abuse-of-Discretion Review of the Equitable Remedy Introduction Janice Sherman v Progressive Michigan Insurance Company (Mich Sup...
Michigan’s “Fair Cross-Section” Catch-22: Data Access as the Missing Precondition to Meaningful Venire Challenges

Michigan’s “Fair Cross-Section” Catch-22: Data Access as the Missing Precondition to Meaningful Venire Challenges

Date: Mar 23, 2026
Michigan’s “Fair Cross-Section” Catch-22: Data Access as the Missing Precondition to Meaningful Venire Challenges Case: People of Michigan v. Maurice Deshawn Lee (SC: 169071; COA: 375227; Wayne CC:...
Probate Courts May Consider Prospective Medicaid Availability in EPIC Protective-Order “Need” Findings (Overruling In re Estate of Schroeder)

Probate Courts May Consider Prospective Medicaid Availability in EPIC Protective-Order “Need” Findings (Overruling In re Estate of Schroeder)

Date: Mar 21, 2026
Probate Courts May Consider Prospective Medicaid Availability in EPIC Protective-Order “Need” Findings (Overruling In re Estate of Schroeder) Case: In re ESTATE OF JEROME E. SIZICK, Michigan Supreme...
Procedural Discretion in Michigan Supreme Court Briefing: Grant of Extension to File Reply Brief

Procedural Discretion in Michigan Supreme Court Briefing: Grant of Extension to File Reply Brief

Date: Mar 13, 2026
Procedural Discretion in Michigan Supreme Court Briefing: Grant of Extension to File Reply Brief 1. Introduction Jerome Dubrulle v. Great Lakes Water Authority (and numerous related, consolidated or...
Michigan No-Fault PIP: MCL 500.3113(a) Requires an “Unlawful Taking,” Not Merely Unlawful Operation

Michigan No-Fault PIP: MCL 500.3113(a) Requires an “Unlawful Taking,” Not Merely Unlawful Operation

Date: Mar 13, 2026
Michigan No-Fault PIP: MCL 500.3113(a) Requires an “Unlawful Taking,” Not Merely Unlawful Operation 1. Introduction In SWOOPE v CITIZENS INSURANCE COMPANY OF THE MIDWEST (Mich Sup Ct, decided March...
Dissenting Framework: Revocation of an Acknowledgment of Parentage Under MCL 722.1445(2) Is Governed by MCL 722.1437(1), Extendable via MCL 722.1443(14) Affidavit

Dissenting Framework: Revocation of an Acknowledgment of Parentage Under MCL 722.1445(2) Is Governed by MCL 722.1437(1), Extendable via MCL 722.1443(14) Affidavit

Date: Mar 8, 2026
Dissenting Framework: Revocation of an Acknowledgment of Parentage Under MCL 722.1445(2) Is Governed by MCL 722.1437(1), Extendable via MCL 722.1443(14) Affidavit Introduction Shannon Blackman v....
Heightened Possessory Interests in Cell Phones and the Duty of Diligent Warrant Pursuit After Exigent Seizure

Heightened Possessory Interests in Cell Phones and the Duty of Diligent Warrant Pursuit After Exigent Seizure

Date: Mar 8, 2026
Heightened Possessory Interests in Cell Phones and the Duty of Diligent Warrant Pursuit After Exigent Seizure I. Introduction People of Michigan v. Ansen William Evans (Mich Sup Ct, March 6, 2026)...
Agency Refusal to Issue an APA Declaratory Ruling Is Not Appealable; Parties May Proceed by Circuit-Court Declaratory Judgment

Agency Refusal to Issue an APA Declaratory Ruling Is Not Appealable; Parties May Proceed by Circuit-Court Declaratory Judgment

Date: Mar 7, 2026
Agency Refusal to Issue an APA Declaratory Ruling Is Not Appealable; Parties May Proceed by Circuit-Court Declaratory Judgment I. Introduction Case: Warren Consolidated School District v. School...
Dubrulle v Great Lakes Water Authority: Administrative Authority to Extend Reply-Filing Deadlines in Consolidated Michigan Supreme Court Appeals

Dubrulle v Great Lakes Water Authority: Administrative Authority to Extend Reply-Filing Deadlines in Consolidated Michigan Supreme Court Appeals

Date: Feb 15, 2026
Dubrulle v Great Lakes Water Authority: Administrative Authority to Extend Reply-Filing Deadlines in Consolidated Michigan Supreme Court Appeals 1. Introduction Case: Jerome Dubrulle v. Great Lakes...
Administrative Orders Granting Briefing Extensions Do Not Reach the Merits: Timely-Filed Reply Brief Accepted if Submitted by the Extended Deadline

Administrative Orders Granting Briefing Extensions Do Not Reach the Merits: Timely-Filed Reply Brief Accepted if Submitted by the Extended Deadline

Date: Feb 13, 2026
Administrative Orders Granting Briefing Extensions Do Not Reach the Merits: Timely-Filed Reply Brief Accepted if Submitted by the Extended Deadline Case: Jerome Dubrulle v. Great Lakes Water...
Peeler Errors Are Nonjurisdictional and Nonretroactive on Collateral Review

Peeler Errors Are Nonjurisdictional and Nonretroactive on Collateral Review

Date: Feb 6, 2026
Peeler Errors Are Nonjurisdictional and Nonretroactive on Collateral Review Commentary on People of Michigan v. Todd Douglas Robinson, Michigan Supreme Court (Feb. 4, 2026) Core holdings clarified: A...
When a Court of Appeals Opinion Is Amended During Supreme Court Review, Prior Briefs Stand and Targeted Supplemental Briefing May Be Filed

When a Court of Appeals Opinion Is Amended During Supreme Court Review, Prior Briefs Stand and Targeted Supplemental Briefing May Be Filed

Date: Feb 6, 2026
When a Court of Appeals Opinion Is Amended During Supreme Court Review, Prior Briefs Stand and Targeted Supplemental Briefing May Be Filed Case: Jerome Dubrulle v. Great Lakes Water Authority...
OV 15 (Aggravated Controlled Substance Offenses) Must Be Scored Offense-Specifically and Not “Backfilled” with Dismissed Delivery/PWID Conduct

OV 15 (Aggravated Controlled Substance Offenses) Must Be Scored Offense-Specifically and Not “Backfilled” with Dismissed Delivery/PWID Conduct

Date: Jan 27, 2026
OV 15 (Aggravated Controlled Substance Offenses) Must Be Scored Offense-Specifically and Not “Backfilled” with Dismissed Delivery/PWID Conduct Case: People of Michigan v. Timothy Joseph Walker Court:...
Michigan Supreme Court Confirms Discretion to Extend Answer Deadlines in Leave-to-Appeal Proceedings (Dubrulle v Great Lakes Water Authority)

Michigan Supreme Court Confirms Discretion to Extend Answer Deadlines in Leave-to-Appeal Proceedings (Dubrulle v Great Lakes Water Authority)

Date: Jan 16, 2026
Michigan Supreme Court Confirms Discretion to Extend Answer Deadlines in Leave-to-Appeal Proceedings 1. Introduction Case: Jerome Dubrulle v. Great Lakes Water Authority (with numerous related docket...
Procedural Precedent: Michigan Supreme Court Confirms Discretion to Grant Second Extensions and Deem Late Answers Timely if Filed by a Court-Set Date

Procedural Precedent: Michigan Supreme Court Confirms Discretion to Grant Second Extensions and Deem Late Answers Timely if Filed by a Court-Set Date

Date: Jan 8, 2026
Procedural Precedent: Michigan Supreme Court Confirms Discretion to Grant Second Extensions and Deem Late Answers Timely if Filed by a Court-Set Date Case: Jerome Dubrulle v. Great Lakes Water...
People of Michigan v. Borton: A Judicial Call to Reconcile Michigan’s Shackling-Prejudice Doctrine with Deck and Chapman

People of Michigan v. Borton: A Judicial Call to Reconcile Michigan’s Shackling-Prejudice Doctrine with Deck and Chapman

Date: Dec 31, 2025
People of Michigan v. Borton: A Judicial Call to Reconcile Michigan’s Shackling-Prejudice Doctrine with Deck and Chapman Court: Supreme Court of Michigan Date: December 29, 2025 Disposition:...
Mandatory PLRA Dismissal Does Not Require Prejudice: Commentary on Hogan v Wayne County

Mandatory PLRA Dismissal Does Not Require Prejudice: Commentary on Hogan v Wayne County

Date: Dec 21, 2025
Mandatory PLRA Dismissal Does Not Require Prejudice: Commentary on Nakyrra Hogan v Wayne County I. Introduction The Michigan Supreme Court’s order in Nakyrra Hogan v Wayne County, 167262 (Dec. 19,...
People v. Kardasz: Michigan Supreme Court Holds 2021 SORA Is Punishment But Not “Cruel or Unusual”

People v. Kardasz: Michigan Supreme Court Holds 2021 SORA Is Punishment But Not “Cruel or Unusual”

Date: Dec 21, 2025
People v. Kardasz: Michigan Supreme Court Holds 2021 SORA Is Punishment But Not “Cruel or Unusual” Court: Michigan Supreme Court Case: People of the State of Michigan v. Robert James Kardasz, No....
Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor

Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor

Date: Dec 14, 2025
Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor I. Introduction The Michigan Supreme...
Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority

Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority

Date: Dec 14, 2025
Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority I. Introduction The document reproduced above...
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