Dissents

The following is a small selection of dissents that I have authored in opinions and orders. These, and all of my other opinions and orders, can be found at the Supreme Court website.

  • Woodman v Kera LLC, 486 Mich 228 (2010) – A waiver signed by a parent on behalf of a child, forgoing a lawsuit in the event of an injury to the child, as a precondition for participating in a sporting or recreational activity, is valid under the common law of Michigan.
  • Shay v Aldrich, 487 Mich 648 (2010) – The unambiguous language of a contract or agreement releasing “all other persons” from liability, in fact, releases “all other persons.”
  • Schooley v Consolidated Roadhouse of Taylor, LLC, 488 Mich 981 (2010) – An ordinary toilet paper dispenser does not constitute a “dangerous condition” causing “an unreasonable risk of harm” where located upon a business premise.
  • Dadd v Mount Hope Church & Int’l Outreach Ministries, 486 Mich 857 (2010) – The trial court erred in failing to instruct the jury that a minister or pastor was entitled to a ‘qualified privilege’ with regard to his communications with members of his own congregation.
  • Taxpayers of Mich Against Casinos v State, 478 Mich 99 (2007) – The “government by contract” permitted by the majority opinion deprives the people of Michigan of the right to exercise self-government with regard to Indian casino policy by permitting the Governor to enact the equivalent of legislation, with little or no role for the people’s elected representatives in the Legislature.
  • Cervantes v Farm Bureau Gen Ins Co, 478 Mich 934 (2007) – An illegal immigrant in the United States, subject to deportation at any time, may not be considered legally “domiciled” in Michigan, a legal concept which requires a measure of permanence of residence.
  • Glass v Goeckel, 473 Mich 667 (2005) – The public’s right to use private property abutting the Great Lakes under the “public trust” doctrine has been limited since the time of Michigan’s statehood to “submerged lands,” i.e., those lands covered by the Great Lakes, including their wet sands.
  • Yousif v Mona, 474 Mich 891 (2005) – A loose carpet thread loop does not constitute a “hidden danger,” and because a homeowner does not owe an obligation to an invitee to scour his or her premises to ensure that there are no loose carpet thread loops in his or her home, no  “unreasonable risk of harm” was posed to the plaintiff by such a loose thread.
 

Comments are closed.