The Michigan Supreme Court reversed the Court of Appeals in Morgan v. General Motors and reinstated the decision of the Workers’ Compensation Appellate Commission, reasoning that the Commission was correct when it held that the plaintiff could not recover benefits based on an injury date that he did not allege in his application. The Court also reversed the judgment in People v. Nelson, directing the Calhoun Circuit Court to resentence Nelson under a preponderance-of-the-evidence standard.
The Supreme Court sent two other cases back to the Court of Appeals for further review. In Alexander v Cassidy, the Court of Appeals is to address the defendants’ immunity claims, and in People v Hill, the Court of Appeals is to consider the case as on leave granted.
The Court also denied reconsideration in three cases: LaMeau v. City of Royal Oak, Estate of Jilek v Stockson, and In re Hon. James M. Justin, 12th District Court.
In LaMeau, Justices Cavanagh and Hathaway would grant reconsideration and deny leave to appeal, while Justic Kelly would grant reconsideration for the reasons stated in her dissent.
In Estate of Jilek, Justice Markman concurred in the denial because he thought the Court correctly decided that the appropriate standard of care in this medical-malpractice case was that of family practice (because that was the only specialty of the defendant doctor) and because the evidentiary decision of the trial court to exclude evidence of the urgent-care center’s internal policies both correctly applied the law and was not “inconsistent with substantial justice.” Justice Cavanagh dissented and would grant reconsideration for the reasons stated in his dissent in the original opinion. Justice Kelly (who joined Justice Cavanagh’s prior dissent) and Justice Hathaway would also grant reconsideration.
In In re Hon. James M. Justin, the Court denied reconsideration and ordered Justin to pay the bill of costs.
In two cases, the Supreme Court granted motions for full-Court review of motions for disqualification, but denied the underlying motions to disqualify. In Parise v Detroit Entertainment, LLC, the Court concluded there was no ground to disqualify either Chief Justice Young or Justice Kelly. Chief Justice Young wrote separately to deny the motion to disqualify him, explaining that there was no claim of actual bias against him and that the allegations were insufficient to create an appearance of impropriety. The chief justice also explained that he did not participate in the full Court’s order on the disqualification of another justice, for the reasons he has previously explained. In Lawrence v Board of Law Examiners, the full Court held that there was no ground to disqualify Justice Markman; Chief Justice Young again did not participate in the decision, and neither did Justice Zahra.
The Court granted leave to appeal in Price v High Pointe Oil Co, asking the parties to brief whether mental distress damages may be awarded for negligent damage to real property. Justice Cavanagh recused himself.
Finally, the Court denied two applications for leave to appeal.