One Court of Justice

On February 27, 2009, the Michigan Supreme Court dismissed a Petition for Interim Suspension against an anonymous judge at the request of the Judicial Tenure Commission.  The Court also granted all amicus parties’ motions to file amicus briefs in Hunter v. Hunter (oral argument summary here) and Henry v. The Dow Chemical Company (oral argument summary here).  Lastly, the Court granted the State’s request for additional time to file its brief in People v. Bryant (oral argument summary here).

On February 26, the Court of Appeals released Mason v. City of Menominee, Case No. 282714, a published opinion concerning Michigan municipalities and the doctrine of property acquiescence.  Interpreting MCL § 600.5821(2), the court concluded that the plain language of the statute distinguishes the “state” from a “municipality,” such that a longstanding boundary the parties (erroneously) treated as the dividing line separating their properties could lead to a proper claim for acquiescence by the plaintiffs against the city.  Judge Beckering concurrred, elaborating more fully on this statutory dichotomy between property owned by the state and property owned by municipalities.

Additionally, the court extensively discussed the calculation of taxable costs on appeal—something that appellate practitioners should find helpful and, perhaps, even interesting.

On Tuesday, February 24, 2009, the United States Supreme Court clarified that for purposes of 18 U.S.C. § 922(g)(9), a “misdemeanor crime of domestic violence” includes an offense committed by a person who had a specified domestic relationship with the victim, regardless of whether the misdemeanor criminal statute itself requires the domestic relationship as an element of the crime.  Under the 1968 Gun Control Act, convicted felons are prohibited from possessing a firearm.  In 1996 Congress expanded this prohibition to include persons convicted of a misdemeanor crime of domestic violence.  In Hayes, the defendant was not convicted under a domestic violence statute, but, rather, was convicted under a general battery statute following an assault on his ex-wife. This decision will undoubtedly affect criminal practitioners and defendants as they analyze possible plea bargains in domestic violence cases.  A copy of the opinion can be found here.

On February 27, 2009, the Michigan Supreme Court ordered that four cases be administratively closed because the petitioner failed to pay the partial filing fees ordered by the Court in early January 2009.  The Court also allocated argument time for next week’s argument in Attorney General v. Michigan Public Service Commission (oral argument summary here).  Each side is allowed 15 minutes to address the control premium issue, and then each side is allowed 15 minutes to address the transmission issue.

As reported previously on this Blog, the Michigan Court of Appeals recently invalidated a water supply contract under which the City of Grand Ledge provided water services to residents of neighboring Oneida Township.  Oneida Charter Township v. City of Grand Ledge.  According to an article in today’s Lansing State Journal, the City is planning an appeal of the ruling, a question of statutory interpretation that potentially affects dozens of cities and townships across the state.  The full article can be found here.

On February 24, 2009, the Court of Appeals issued a published opinion in AutoAlliance Int’l, Inc. v. Department of Treas., No. 282096, in which it allowed vehicle manufacturers to obtain a refund of the motor fuel tax paid in Michigan for fuel put into vehicles in Michigan, but then shipped for sale outside of Michigan.  Read more »

On February 24, the Court of Appeals published a per curiam opinion in Cooper v. Farm Bureau Ins. Co., et al., holding that, under Michigan’s no-fault insurance framework, an insurance company may not enforce its right to reimbursement from the owner of an uninsured vehicle by withholding benefits it would otherwise be obligated to pay to that owner for injuries incurred in the accident:  the insurer must first pay any appropriate benefits, then seek reimbursement from the owner of the uninsured vehicle.  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 February 24, 2009, the Michigan Supreme Court denied 94 applications for leave to appeal, denied 12 motions for reconsideration, held two appeals in abeyance pending a decision in People v. Idziak, No. 137301 (regarding the computation of parole dates), and one appeal in abeyance pending a decision in People v. Jackson, No. 135888 (regarding collection of attorney fees from criminal defendants).  The Court also remanded People v. Allen, No. 137844, for consideration in the Court of Appeals as on leave granted.

Yesterday, in NSK Corp. v. Robert Bosch Corp., No. 283048, the Michigan Court of Appeals in an unpublished opinion reaffirmed the strong public policy in favor of arbitrability.  NSK and Bosch entered into a settlement agreement and incorporated Bosch’s standard terms and conditions.  Those terms included an arbitration provision.  The court affirmed that the parties’ dispute arising out of the settlement agreement was arbitrable, noting that any doubts about whether a dispute is arbitrable must be resolved in favor of arbitration.  Disclaimer:  WNJ represented the prevailing defendant in this appeal.