Teacher ‘Voluntarily’ Resigned: Constructive Discharge Claim Properly Dismissed
The trial court properly dismissed the plaintiff-teacher’s constructive discharge claim against the defendant-school district and its human resources director because the teacher’s resignation was “voluntary,” the Michigan Court of Appeals has ruled.
Officer Denied Qualified Immunity for Arrest Made in Operating While Intoxicated Case
The 6th Circuit Court of Appeals affirmed the ruling of the District Court that an officer is not entitled to qualified governmental immunity and denied the defendant’s motion for summary judgment.
COA "Curbs" Governmental Immunity Claim
In Sharp v City of Benton Harbor, the COA held that a curb comes within the definition of "a public highway, road, or street," for purposes of applying the highway exception to governmental immunity to municipalities.
The Kline Conflict - A Row over Rowland
In Kline v Dep't of Tranportation, the COA "begrudgingly" followed McCahan v Brennan, holding that the defendant was entitled to summary disposition where the plaintiff failed to comply with the notice provision.
COA Holds City Not Entitled to Immunity from Residents' Waste Woes
The COA held that the county was not entitled summary disposition based on governmental immunity because the sewage exception to immunity applied even where the plaintiffs failed to expressly comply with notice requirements