Volume 83 Issue 1

Volume 83 Issue 1

— Fall 2005 —


Civil Rights – Reverse?Discrimination
?Reverse?Discrimination Need No Longer Prove The Defendant Is That Unusual Employer Who Discriminates Against the Majority. ?Lind v. City of Battle Creek, 681 N.W.2d 334 (Mich. 2004).
by Carrie Lewand

Employment Law – Sexual Harassment
Where the Excessiveness of a Verdict is the Product of Counsel’s Calculated Efforts to Divert the Jury from its Fact-Finding Role, a New Trial is Necessary. ?Gilbert v. DaimlerChrysler Corp., 685 N.W.2d 391 (Mich. 2004).?
by Lindsay Adams

Evidence – Testimonial Evidence for Criminal Appellate Review?
A Defendant Must Testify in Order to Preserve a Challenge to a Trial Court’s Ruling In Limine Allowing Evidence That a Defendant Exercised His?Miranda?Right to Remain Silent. ?People v. Boyd, 682 N.W.2d 459 (Mich. 2004).?
by Jason A. Ritter

Freedom of?Information Act – Public Body
The MHSAA is Not a “Public Body” as Defined by Section 15.232(d) of Michigan Complied Laws and Therefore is Not Subject to the Freedom of Information Act’s Disclosure Requirements. ?Breighner v. Michigan?High School Athletic Ass’n, Inc., 683 N.W.2d 639 (Mich. 2004).?
by Bradley T. French

Insurance Law – Criminal-Acts Exclusion?
The Test for Applicability of the Criminal-Acts Exclusion Includes an Objective Inquiry Using a Reasonable Person Standard to Determine if the Injuries Were a Reasonably Expected Result of the Insured’s Act. ?Allstate Insurance Co. v. McCarn, 683 N.W.2d 656 (Mich. 2004).
by Hilary A. Dullinger

Property Law – Eminent Domain
Allows for the Transfer of Condemned Property to a Private Entity when the Public Retains a Measure of Control Over the Property.? County of Wayne v. Hathcock, 684 N.W.2d 765 (Mich. 2004).
by Katherine D. Trever

Tort Law – Liability of Landowners
Immunity For Landowners Is Expanded Under A Reinterpretation of Michigan’s Recreational Land Use Act.? Neal v. Wilks, 685 N.W.2d 648 (Mich. 2004).
by John T. Schuring

Tort Law – Medical Malpractice
The Medical Malpractice Noneconomic Damages Cap Applies to a Wrongful Death Action Where the Underlying Claim is Medical Malpractice.? Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004).
by Jason Dandy

Tort Law – Products Liability
Under Michigan Law, the Fact That a Product Is a “Simple Tool” Does Not Shield the Manufacturer From Liability Under a Defective Design Theory.? Swix v. Daisy Manufacturing Co., Inc., 373 F.3d 678 (6th Cir. 2004).
by Nicholas A. Kurk