One Court of Justice

On January 8, 2010, the Michigan Supreme Court peremptorily resolved two cases, denied leave to appeal in three cases, and ordered oral argument on the application in one case.  People v. Smelley is addressed in a separate post.  The remaining cases in which the Court took substantive action are addressed below.

In the apparently inaptly titled action Friend v. Friend, the Michigan Supreme Court ordered a MOA to address, among other issues, whether the Court should adopt the fugitive-disentitlement doctrine to dismiss the defendant mother’s appeal because she has failed to comply with counseling and parenting-time provisions in the parties’ divorce judgment and then refused to appear for hearing in contempt of a court order.  The Court invited the Family Law Section of the State Bar of Michigan and the Michigan Chapter of the American Academy of Matrimonial Lawyers to submit amicus briefs.  Read more »

The Michigan Supreme Court will hear oral argument in Adair v. State, Nos. 137424 and 137453 tomorrow.  In Adair, school districts from across the state sued the State of Michigan because the State imposed increased reporting requirements on the school districts without providing the additional funding necessary to pay for the increased requirements.  The case was tried as an original action in the Court of Appeals. The Court granted leave to address two issues: (1) whether the prohibition of unfunded mandates set forth in the Michigan Constitution of 1963, in Article IX, Section 29, the “POUM Clause” or the Headlee Amendment, requires the school districts to prove specific costs, either through the reallocation of funds or out-of-pocket expenses; and (2) whether the school districts are entitled to recover the costs incurred in maintaining this suit under Const. 1963, art. IX, § 32.  This is the third time that Adair has come before the Court.  The Court’s order granting leave may be found here.  The Michigan Court of Appeals’ opinion may be found here. Read more »

On Friday, May 8, 2009, the Michigan Supreme Court denied leave to appeal in six cases, but granted oral argument on the application for leave in four cases discussed below.  The Court also granted reconsideration in Stone v. R.W. LaPine, Inc. to remand the workers’ compensation case to the Board of Magistrates for recalculation of the plaintiff’s average weekly wage.

The Court granted MOAs in the following cases:

Michigan Education Association v. Secretary of State, No. 137451:  The Court ordered the parties to address whether a school district can collect the portion of teachers’ union dues attributable to the Michigan Education Association’s Political Action Committee (“MEA PAC”) as a payroll deduction without violating the  Michigan Campaign Finance Act.  The Court of Appeals, in a 2-1 decision, concluded that school districts cannot lawfully collect the MEA PAC’s funds even if the MEA PAC pre-paid for the service.  The Court of Appeals’ decision is here.

Bezeau v. Palace Sports & Entertainment, Inc., No. 137500:  The Court asked the parties to address whether “the jurisdictional standard established at MCL § 418.845, as interpreted . . . in Karaczweski v. Farbman Stein Co., 478 Mich 28 (2007), should be applied.”  The Court invited the Worker’s Compensation Section of the Michigan Bar to submit an amicus brief.

Allen v. Bloomfield Hills School District, No. 137607:  The Court ordered the parties to address whether post-traumatic stress disorder may qualify as a bodily injury that to avoid application of government immunity under MCL § 691.1405.  The Court invited the Michigan Defense Trial Counsel and the Michigan Association for Justice to submit amicus briefs. 

Myers v. Muffler Man Supply Co., No. 137608:  The Court ordered the parties to address whether the defendant’s negligence was the proximate cause of the plaintiff’s injury. 

On April 3, 2009, the Michigan Supreme Court denied leave to appeal in five cases, denied rehearing in one case, and ordered the Kalkaska County Trial Court Family Division to appoint counsel to represent the respondent to respond to the Michigan Department of Human Services’ application for leave to appeal In re Hall (order here), entered miscellaneous orders in three cases and granted leave to appeal in two cases including Adair v. State of Michigan which has been before the Court in 2002 and 2005.  These five orders are discussed after the jump.  The Court also granted reconsideration in Sazima v. Shepherd Bar & Restaurant which is discussed in a separate post. Read more »

On February 24, 2009, the Michigan Court of Appeals in Bandeen v. Public School Employees Retirement Board, No. 279363, affirmed the lower court’s finding that a substitute teacher, who refused further assignments five months before giving birth with no evidence of being medically unable to teach, did not leave service for purposes of maternity and was not a “public service employee” on leave of absence, making her ineligible to purchase public service credits during any part of her continuous twelve-year absence. Read more »

On January 27, 2009, the COA issued a published opinion in Lansing Schools Education Assocation v. Lansing School District Board of Education, No. 279895, affirming the lower court’s dismissal of a lawsuit against the school district by its teachers’ union challenging the school district’s discipline of students because the teachers’ union lacked standing.

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