Justia Michigan Supreme Court Opinion Summaries

The American Civil Liberties Union of Michigan (the ACLU) filed a complaint against the Calhoun County Jail and Calhoun County Sheriff’s Office (the CCSO), alleging CCSO violated Michigan’s Freedom of Information Act (FOIA) when it denied the ACLU’s request for documents. The ACLU sought disclosure of all records related to the December 2018 detention of United States citizen Jilmar Benigno Ramos-Gomez. Ramos-Gomez’s three-day detention at the Calhoun County Correctional Facility occurred pursuant to an Intergovernmental Service Agreement executed between United States Immigration and Customs Enforcement (ICE) and the jail. The CCSO denied the ACLU’s request, asserting that the requested records were exempt from disclosure under MCL 15.243(1)(d) because they related to an ICE detainee. The Court of Appeals affirmed dismissal, finding the records at issue were exempt public records from disclosure under the statute. The Michigan Supreme Court reversed the appellate court, finding error in that court holding a federal regulation had the legal force of a federal statute; "federal regulation is not a federal statute." The case was remanded to the circuit court for further proceedings. View "American Civil Liberties Union of Michigan v. Calhoun County" on Justia Law

Fraser Township filed a complaint against Harvey and Ruth Ann Haney, seeking a permanent injunction to enforce its zoning ordinance and to prevent defendants from raising on their commercially zoned property, hogs or other animals that would violate the zoning ordinance, to remove an allegedly nonconforming fence, and to plow and coat the ground with nontoxic material. Defendants brought a hog onto their property as early as 2006, and defendants maintained hogs on their property through the time this lawsuit was filed in 2016. Defendants moved for summary disposition, arguing that plaintiff’s claim was time-barred by the six-year statutory period of limitations in MCL 600.5813. The trial court denied the motion, concluding that because the case was an action in rem, the statute of limitations did not apply. The Court of Appeal reversed, finding that the statute of limitations applied. Finding that the appellate court erred in concluding the statute of limitations applied, the Michigan Supreme Court reversed and reinstated the trial court's order denying defendants' motion for summary judgment. View "Township of Fraser v. Haney" on Justia Law

This action involved a request for documents under Michigan’s Freedom of Information Act (FOIA). Plaintiff, the American Civil Liberties Union of Michigan (the ACLU), submitted a FOIA request to defendant, the Calhoun County Sheriff’s Office (the CCSO), seeking disclosure of all records related to the December 2018 detention of United States citizen Jilmar Benigno Ramos-Gomez. Ramos-Gomez’s three-day detention at the Calhoun County Correctional Facility occurred pursuant to an Intergovernmental Service Agreement (IGSA) executed between United States Immigration and Customs Enforcement (ICE) and the jail. The CCSO denied the ACLU’s request, asserting that the requested records were exempt from disclosure under MCL 15.243(1)(d) because they related to an ICE detainee. The issue this case presented for the Michigan Supreme Court's review centered on whether a federal regulation with a nondisclosure component, 8 CFR 236.6 (2021), could be the basis for exempting public records from disclosure under MCL 15.243(1)(d). The Supreme Court held that it could not, "for the simple reason that a regulation is not a statute." The Supreme Court reversed the Court of Appeals’ holding to the contrary, and the Court overruled Soave v. Dep’t of Ed, and Mich Council of Trout Unlimited v. Dep’t of Military Affairs, as to their erroneous interpretations of MCL 15.243(1)(d). The case was remanded back to the Calhoun Circuit Court for further proceedings. View "American Civil Liberties Union Of Michigan v. Calhoun County Sheriff's Office" on Justia Law

The Unemployment Insurance Agency (UIA) brought actions against claimants Frank Lucente and Michael Herzog, respectively, to appeal the decisions of the Michigan Compensation Appellate Commission (MCAC) that claimants were not required to pay restitution and fraud penalties under the Michigan Employment Security Act (MESA) despite the fact that they had improperly received unemployment benefits after becoming employed full-time and providing inaccurate responses to certification questions concerning their new employment. The Michigan Supreme Court found the Court of Appeals correctly held that MCL 421.62 authorized the UIA to issue original fraud and restitution determinations that were not subject to the constraints of MCL 421.32a. However, it erred by concluding that the UIA’s decision to issue “redeterminations” in these cases was of no substantive effect. "The UIA must issue an original determination alleging fraud, and its failure to do so was grounds for invalidating the 'redeterminations' in this case. On this issue, the payment of benefits cannot serve as an original 'determination' on the alleged fraud, and the UIA’s issuance of determinationless 'redeterminations' deprives claimants of their right to protest. When UIA-initiated review of a past-paid benefit results in a decision that the claimant received benefits during a period of ineligibility or disqualification and owes restitution as a result, the UIA must begin with an original 'determination' as described in MCL 421.62. The Court of Appeals' judgment was reversed and the matter remanded for further proceedings. View "Michigan Unemployment Ins. Agy. v. Lucente" on Justia Law

Kelly Bowman and her husband Vernon, brought a medical malpractice suit against St. John Hospital and Medical Center, Ascension Medical Group Michigan, and Tushar Parikh, M.D., alleging that Parikh erroneously advised Kelly Bowman that a growth in her breast was benign, on the basis of his interpretation of a 2013 mammogram. For the next two years, she felt the lump grow and sought follow-up care. In April 2015, she underwent a biopsy, which revealed “invasive ductal carcinoma with lobular features.” In May 2015, she was diagnosed with metastatic breast cancer and underwent a double mastectomy, which revealed that the cancer had spread to a lymph node. In August 2016, soon after learning that the cancer had spread to her bone marrow, she sought a second opinion from a specialist and learned that the 2013 mammogram might have been misread. Defendants moved for summary judgment, contending the Bowmans' complaint was untimely under the applicable statute of limitations. The trial court denied the motion, and defendants appealed. The Court of Appeals reversed in a split decision. During the pendency of the proceedings, Kelly Bowman died, and her estate was substituted as plaintiff. The question for the Michigan Supreme Court's opinion was on whether Kelly Bowman "should have discovered the existence of [her claim] over six months before initiating proceedings. The Court answered, "no:" the record did not reveal Kelly Bowman should have known before June 2016 that her delayed diagnosis might have been caused by a misreading of the 2013 mammogram. "the available facts didn’t allow her to infer that causal relationship, and the defendants have not shown that Ms. Bowman wasn’t diligent. The present record does not allow us to conclude, as a matter of law, that Ms. Bowman sued over six months after she discovered or should have discovered the existence of her claim. And so we reverse the Court of Appeals’ judgment and remand to the trial court for further proceedings." View "Estate of Kelly Bowman v. St. John Hospital & Med. Ctr." on Justia Law

The defendant-employer, Steel Technologies, Inc., asked the Michigan Supreme Court to consider whether a medical professional’s conclusory declaration of a claimant’s total disability, without more, could provide competent, material, and substantial evidence of “disability,” as defined by the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq. The Supreme Court declined to do so because under the facts of this case, it was unnecessary to reach that issue. The Court instead vacated Part IV of the Court of Appeals’ opinion discussing the issue, but affirmed its result: the magistrate relied on competent, material, and substantial evidence to find that the plaintiff-claimant, Ahmed Omer, had established a disability and was entitled to wage-loss benefits. View "Omer v. Steel Technologies Inc." on Justia Law

Donna Livings slipped on ice in her employer’s parking lot as she headed in to begin her shift. Generally, when an injury occurs because of an open and obvious condition, landowners in Michigan were not liable because they have no duty to protect against those hazards. An exception existed, however, when the hazard was effectively unavoidable. The question presented here was whether a hazard one must confront to enter his or her place of employment should be considered effectively unavoidable. The Michigan Supreme Court held that an open and obvious condition could be deemed effectively unavoidable when a plaintiff must confront it to enter his or her place of employment for work purposes. However, in assessing the question, it was still necessary to consider whether any alternatives were available that a reasonable individual in the plaintiff’s circumstances would have used to avoid the condition. Here, the Supreme Court agreed with the Court of Appeals that a genuine issue of material fact existed regarding whether the snow and ice were effectively unavoidable. View "Livings v. Sage's Investment Group, LLC" on Justia Law

Wesley Zoo Yang brought an action against Everest National Insurance Company (Everest) and Motorist Mutual Insurance Company (Motorist), seeking to recover personal protection insurance (PIP) benefits under a no-fault insurance policy issued by Everest to Yang and his wife. Everest issued Yang a six-month no-fault insurance policy, the term of which ran from September 26, 2017, through March 26, 2018. On October 9, 2017, Everest mailed Yang a bill for the second monthly payment, stating that if Yang failed to pay the amount due by October 26, 2017, the policy would be canceled, effective October 27, 2017; the policy provided that the cancellation notice did not apply if Yang paid the premium on time. Yang did not pay the premium on time, and Everest sent Yang an offer to reinstate, explaining that the policy was canceled but that Yang could reinstate the policy with a lapse in coverage. On November 15, 2017, plaintiffs were struck by a car when they were walking across a street; Motorist insured the driver of the vehicle that struck plaintiffs. Two days later, on November 17, 2017, Yang sent the monthly premium payment to Everest; the policy was reinstated effective that day, and the notice informed Yang that there had been a lapse in coverage from October 27, 2017, through November 17, 2017. Plaintiffs sued when Everest refused plaintiffs’ request for PIP benefits under the policy. Everest moved for summary judgment, maintaining the policy had been canceled and was not in effect at the time of the accident, and that the policy’s cancellation provision was not inconsistent with MCL 500.3020(1)(b); Motorist disagreed with Everest’s motion and argued that it was entitled to summary disposition under MCR 2.116(I)(2) because it was not the insurer responsible for the payment of PIP benefits. The trial court denied Everest’s motion and granted summary judgment in favor of Motorist, reasoning that Everest’s notice of cancellation was not valid because it was sent before the nonpayment occurred and that Everest was therefore responsible for the payment of PIP benefits; the court thus dismissed Motorist from the action. Everest appealed. The Court of Appeal affirmed the trial court’s order, concluding that the cancellation notice was not valid under MCL 500.3020(1)(b) because Everest sent the notice before the premium was due and that the notice did not satisfy the terms of plaintiffs’ no-fault policy itself. Finding no reversible error, the Michigan Supreme Court affirmed the Court of Appeal. View "Yang v. Everest National Ins. Co." on Justia Law

In 2016, plaintiff Jennifer Buhl and her husband went to a party store in Oak Park, Michigan. As she was walking, plaintiff saw a raised crack in the sidewalk outside the store and tried to step over it. Because plaintiff did not notice that the sidewalk was uneven on the other side of the crack, she fell and fractured her left ankle. The specific question this case raised for the Michigan Supreme Court’s review was whether an amendment to the governmental tort liability act (GTLA) that went into effect after plaintiff’s claim accrued but before plaintiff filed her complaint could be retroactively applied. The Supreme Court held that the amended provision did not apply retroactively. Accordingly, the Court of Appeals’ judgment was reversed and the matter remanded for further proceedings. View "Buhl v. City of Oak Park" on Justia Law

The Law Offices of Jeffrey Sherbow, PC, brought an action against Fieger & Fieger, PC (the Fieger firm), asserting that the Fieger firm breached its referral- fee contract with plaintiff when the Fieger firm refused to pay plaintiff 20% of a contingent fee that the Fieger firm had received after it successfully represented several clients in a personal- injury and no-fault action related to an automobile accident in Ohio. The primary question in this case was whether, in order to enforce a fee- splitting agreement, MRPC 1.5(e) required the referring attorney to have an attorney-client relationship with the individual he or she refers. The Michigan Supreme Court held that it does but that the relationship could be limited to the act of advising the individual to seek the services of the other attorney if the referring attorney and client expressly or impliedly demonstrate their intent to enter into a professional relationship for this purpose. Consequently, the Court reversed the Court of Appeals’ judgment to the extent that it held to the contrary. The Supreme Court agreed with the appellate court, however, that the defendant bore the burden of proving noncompliance with MRPC 1.5(e) when the defendant raised the violation of the rule as a defense against enforcement of the referral agreement. The result in this case was that the trial court properly instructed the jury that an attorney-client relationship was required but erroneously instructed the jury about the burden of proof. This error required a new trial as to only one of the potential clients at issue. View "Law Offices of Jeffrey Sherbow v. Fieger & Fieger, PC" on Justia Law