Recent Blog Posts for Michigan
News and Publications: Michigan Appeals
United States v. Jerry Duval
June 4th, 2013, Case No. 12-2338
Bhan v. Battle Creek Health
August 19th, 2013, Case No. 13-1682
United States v. Jonathan Agbebiyi
November 25th, 2013, Case No. 12-2559, Robert L. Sirianni, Esq.
Pursuant to Federal Rule of Appellate Procedure Rule 34(a), Appellant, Jonathan Agbebiyi, M.D. (“Dr. Agbebiyi”), respectfully requests oral argument because the Court’s consideration of the issues presented by this appeal may be assisted or advanced by the presence of counsel before the Court to comment upon the issues and respond to inquiries from the Court. Read more about this Michigan appeal here: USA v. Agbebiyi - United States Court of Appeals - Eastern District of Michigan
Lashawn Redmond v. State Farm Mutual Automobile Insurance Company
December 2, 2014, Case No. 1-0111348
This is a civil appeal in Michigan. As the concurrence states: Moody was wrongly decided on both legal and practical grounds and should be overruled. Pursuant to MCR 7.215(J)(1), the Court must follow Moody despite a concurring judge's disagreement with it. This would normally lead the Court to request a special conflict panel pursuant to MCR 7.215(J)(2). However, because the Supreme Court has granted leave to appeal in Moody, the Court believe such a request would be inappropriate.
Read more about this Michigan civil appeal here: Michigan Civil Appeal - Redmond v. State Farm Mutual Automobile
Mattie King v. Park West Galleries, Inc.
December 2, 2014, Case No. 314188
This case stems from a cruise plaintiff took in April of 1999 with her now deceased husband. While aboard the ship, plaintiff and her late husband decided to attend a shipboard auction put on by defendant Park West Galleries, Inc. During this auction, plaintiff purchased a complete set of Salvador Dali’s Divine Comedy collection. This art collection was represented by Park West’s auctioneer as a good investment that would increase in value over time. Further, defendant’s auctioneer stated that these works had been signed by Dali. Plaintiff purchased the works at the auction for $165,000. Plaintiff, as part of the purchase, received certificates of authenticity and appraisals to ensure that representations made by Park West’s auctioneer were accurate. Defendant Albert Scaglione, the CEO of defendant Park West Galleries, Inc., signed the documents, and they were mailed to plaintiff after the cruise was over.
Read more about this Michigan civil appeal here: Mattie King v. Park West Galleries
People v. Leon Finnie, Jr.
December 2, 2014, Case No. 314200
Defendant appeals as of right his jury trial convictions of assault with intent to commit murder, MCL 750.83; torture, MCL 750.85; and two counts of unlawful imprisonment, MCL 750.349b. He was sentenced to concurrent terms of 20 to 40 years’ imprisonment for the assault with intent to commit murder conviction, 20 to 40 years for the torture conviction, and 8 to 15 years for each of the unlawful imprisonment convictions. Because there was sufficient evidence to convict defendant of assault with intent to murder, the trial court did not abuse its discretion in admitting expert testimony or allowing the late endorsement.
Read more about this Michigan criminal appeal here: Michigan Criminal Appeal - People of the State of Michigan v. Leon Finnie