Volume 86 Issue 1

Volume 86 Issue 1

—?Fall 2008 —

Case Digests

Employment Law –?Rights and Liabilities as to Third Parties
Employer Not Vicariously Liable for Rape of Female Security Guard by Employee when the Rape was not Foreseeable to the Employer Due to the Employee’s Lack of Criminal Record or Past Criminal Behavior, Brown v. Brown, 739 N.W.2d 313 (Mich. 2007).
by Danielle Asaad

Insurance Law –?Discovery of Medical Information?
The Trial Court Abused Its Discretion when Imposing Conditions on a Mandatory Medical Examination Beyond Those Established in the Insurance Policy and the Michigan No-Fault Act. ?Muci v. State Farm Mutual Automobile Insurance Company, 732 N.W.2d 88 (Mich. 2007).
by Vichit Chea

Constitutional?Law?–?Doctrine of Standing
Despite Statutory Law to the Contrary, Taxpayers Lack Standing in a Suit Against Their Public School District for an Alleged Illegal Use of Public Funds,?Rohde v. Ann Arbor Public Schools, 737 N.W.2d 158 (Mich. 2007).?
by Sara N. D’Agostini

Tort Law – Governmental Immunity
A Design Defect Claim is Not Cognizable Under the Public Building Exception to Governmental Immunity Under Section 691.1406 of the Michigan Complied Laws.?Renny v. Michigan Department of Transportation, 734 N.W.2d 518 (Mich. 2007).
by Molly I. Harris

Consitutional Law – Access to Public Libraries
The Michigan Constitution Mandates Book-Borrowing Privileges to Only City Residents and Contracting Cities’ Residents. Goldstone v. Bloomfield Township Public Library, 737 N.W.2d 476 (Mich. 2007).?
by Katherine L. Helmer

Wrongful Death – Statute of Limitations
Michigan’s Statute of Limitations for Wrongful Death Actions in Exclusive, Therefore Precluding the Use of the Common Law Discovery Rule. ?Trentadue v. Gorton, 738 N.W.2d 664 (Mich. 2007).?
by Nacole M. Hurlbert

Federal Civil Procedure – Class Action
Class Certification to Modify Retiree Healthcare Benefits Met the Requirements of Federal Rule of Civil Procedure 23 of Fair, Reasonable, and Adequate. ?International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America v. General Motors Corporation, 497 F.3d 615 (6th Cir. 2007).
by Alicia A. Mazurek

Statutory Interpretation – Abortion Procedures?
A Statute that Prohibits the Dilation and Evacuation Abortion Procedure is an Unconstitutional Undue Burden on a Woman’s Right to Terminate Her Pregnancy. ?Northland Family Planning Clinic, Inc. v. Cox, 487 F.3d 323 (6th Cir. 2007).
by Ingrid A. Minott

Professional Responsibility – Ineffective Assistance of Counsel
Strickland v. Washington
Provides the Appropriate Standard to be Applied when Determining Whether a Claim of Ineffective Assistance of Counsel is Grounds for Barring a Defendant’s Confession.? People v. Frazier,?733 N.W.2d 713 (Mich. 2007).?
by Warren J. White

Civil Forfeiture – Exclusionary Rule?
Broadening the Use of Illegally Seized Evidence in Forfeiture Proceedings.? In re Forfeiture of $180,975, 734 N.W.2d 489 (Mich. 2007).?
by Dawn Yeaton