Justia Michigan Supreme Court Opinion Summaries

MCL 450.4515(1)(e) provided alternative statutes of limitations: one based on the time of discovery of the cause of action and the other based on the time of accrual of the cause of action. Plaintiffs were former employees of defendant ePrize who acquired ownership units in the company. Plaintiffs alleged founder Jeff Linkner orally promised them that their interests in ePrize would never be diluted or subordinated. In its fifth operating agreement, executed in 2009, ePrize stock issued in Series C and Series B Units carried distribution priority over the common units held by plaintiffs. The Operating Agreement further provided that if the company were ever sold, Series C Units would receive the first $68.25 million of any available distribution. In 2012, ePrize sold substantially all of its assets and, pursuant to the Operating Agreement, distributed nearly $100 million in net proceeds to the holders of Series C and Series B Units. Plaintiffs received nothing for their common shares. Plaintiffs thereafter sued, bringing claims for LLC member oppression, breach of contract, and breach of fiduciary duty. The trial court granted defendants’ motion for summary judgment, concluding that the three-year limitation period in MCL 450.4515(1)(e) constituted a statute of limitations, rather than a statute of repose, and that plaintiffs' claims accrued in 2009. The Court of Appeals disagreed, finding plaintiffs’ claims did not accrue until 2012, when ePrize sold substantially all of its assets, because until that sale plaintiffs had not incurred a calculable financial injury and any damage claim before that time would have been “speculative.” Accordingly, the Court concluded that plaintiffs’ claims were timely filed before the expiration of the three-year limitation period. The Michigan Supreme Court agreed with the trial court's reasoning: plaintiffs’ actions for damages under MCL 450.4515(1)(e) were barred by the three-year statute of limitations unless plaintiffs could establish on remand that they were entitled to tolling. View "Frank v. Linkner" on Justia Law

This case centered on whether a trial court, in its discretion, could hold an evidentiary hearing to collaterally review a magistrate’s finding of probable cause on the basis of a defendant’s challenge to the veracity of a warrant affidavit in light of the United States Supreme Court’s holding in Franks v Delaware, 438 US 154 (1978). The Court of Appeals interpreted “Franks” as barring a trial court from granting a defendant an evidentiary hearing to challenge the veracity of a search warrant affidavit following the warrant’s execution “unless the defendant makes ‘[the] substantial preliminary showing’ ” as set forth in “Franks.” The Michigan Supreme Court reversed the judgment of the Court of Appeals, and held that “Franks” controlled the circumstances under which “the Fourth Amendment requires that a hearing be held at the defendant’s request,” but Franks did not bar a trial court from exercising its discretion to grant evidentiary hearings concerning the veracity of search warrant affidavits under other circumstances. Because the prosecutor did not appeal the trial court’s conclusion that the warrant affidavit was not supported by probable cause, the only issue before the appellate court was whether the trial court abused its discretion by holding the evidentiary hearing. The Supreme Court concluded that the trial court did not abuse its discretion when it granted defendant’s motion for an evidentiary hearing. View "Michigan v. Franklin" on Justia Law

In 2004, George and Thelma Nickola, were injured in a car accident. The driver of the other car was insured with a no-fault insurance policy provided the minimum liability coverage allowed by law: $20,000 per person, up to $40,000 per accident. The Nickolas’ (acting through their attorney) wrote to their insurer, defendant MIC General Insurance Company, explaining that the no-fault liability insurance policy was insufficient to cover the Nickolas' injuries. The letter also advised MIC that the Nickolas were claiming UIM benefits under their automobile policy. The Nickolas’ policy provided for UIM limits of $100,000 per person, up to $300,000 per accident, and they sought payment of UIM benefits in the amount of $160,000; $80,000 for each insured. An adjuster for defendant MIC denied the claim, asserting that the Nickolas could not establish a threshold injury for noneconomic tort recovery. The matter was ultimately ordered to arbitration, the outcome of which resulted in an award of $80,000 for George’s injuries and $33,000 for Thelma’s. The award specified that the amounts were “inclusive of interest, if any, as an element of damage from the date of injury to the date of suit, but not inclusive of other interest, fees or costs that may otherwise be allowable.” The trial court affirmed the arbitration awards but declined to award penalty interest under the UTPA, finding that penalty interest did not apply because the UIM claim was “reasonably in dispute” for purposes of MCL 500.2006(4). The Court of Appeals affirmed the trial court, holding that the “reasonably in dispute” language applied to plaintiff’s UIM claim because a UIM claim “essentially” places the insured in the shoes of a third-party claimant. The Michigan Supreme Court held that an insured making a claim under his or her own insurance policy for UIM benefits cannot be considered a “third party tort claimant” under MCL 500.2006(4). The Court reversed the Court of Appeals denying plaintiff penalty interest under the UTPA, and remanded this case back to the trial court for further proceedings. View "Estate of Nickola v MIC General Ins. Co." on Justia Law

Under Michigan’s Probate Code, the Department of Health and Human Services has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights. The Department also has an obligation to ensure that no qualified individual with a disability is excluded from participation in or denied the benefits of the services of the Department. Efforts at reunification cannot be reasonable under the Probate Code if the Department has failed to modify its standard procedures in ways that are reasonably necessary to accommodate a disability under the ADA. The Department petitioned to terminate the parental rights of respondent, a person with an intellectual disability. The Supreme Court determined after review of this matter that the circuit court erred by concluding the Department had made reasonable efforts at reunification because the court did not conduct a complete analysis of whether reasonable efforts were made: the court did not consider the fact that the Department had failed to provide the court-ordered support services, nor did the court consider whether, despite this failing, the Department’s efforts nonetheless complied with its statutory obligations to reasonably accommodate respondent’s disability. The Court of Appeals correctly determined that termination of respondent’s parental rights was improper without a finding of reasonable efforts. Remand was necessary for an analysis of whether the Department reasonably accommodated respondent’s disability as part of its reunification efforts in light of the fact that respondent never received the court-ordered services. View "In re Hicks/Brown" on Justia Law

The Tax Tribunal erred by concluding that MCL 211.7n, a statute specifically exempting from taxation the real or personal property owned and occupied by nonprofit educational institutions, controlled over the more general statute, MCL 211.9(1)(a), which authorized a tax exemption for educational institutions without regard to the institution’s nonprofit or for-profit status. SBC Health Midwest, Inc., challenged the city of Kentwood’s denial of its request for a personal property tax exemption in the Tax Tribunal. SBC Health, a Delaware for-profit corporation, had requested a tax exemption under MCL 211.9(1)(a) for personal property used to operate the Sanford-Brown College Grand Rapids. The Michigan Supreme Court held the nonprofit requirement in MCL 211.7n did not negate a for-profit educational institution like SBC Health from pursuing an exemption under MCL 211.9(1)(a). The tax exemption outlined in the unambiguous language in MCL 211.9(1)(a) applies to all educational institutions, for-profit or nonprofit, that meet the requirements specified in MCL 211.9(1)(a). View "SBC Health Midwest, Inc. v. City of Kentwood" on Justia Law

In 2009, plaintiff Dragen Perkovic was operating a semitruck in Nebraska when he swerved to avoid hitting a car that had spun out in front of him. Plaintiff’s truck then crashed into a wall. Plaintiff’s resulting injuries were treated at The Nebraska Medical Center. At the time of the accident, plaintiff maintained personal automobile insurance with Citizens Insurance Company of the Midwest (Citizens) and a bobtail insurance policy with Hudson Insurance Company (Hudson). Plaintiff’s employer was insured by defendant Zurich American Insurance Company. The issue this case presented for the Supreme Court's review centered on the notice requirements of the no-fault act, specifically those set forth in MCL 500.3145(1): whether a nonparty medical provider’s provision of medical records and associated bills to an injured person’s no-fault insurer within one year of the accident causing injury constitutes proper written notice under MCL 500.3145(1), so as to prevent the one-year statute of limitations in MCL 500.3145(1) from barring the injured person’s subsequent no-fault claim. The Michigan Supreme Court held that when, as in this case, the documentation provided by the medical provider contained all of the information required by MCL 500.3145(1) and was provided to the insurer within one year of the accident, the statutory notice requirement was satisfied and the injured person’s claim was not barred by the statute of limitations. Therefore, the Court reversed the judgment of the Court of Appeals, vacated the trial court’s order granting summary disposition in favor of defendant Zurich American Insurance Company, and remanded to the trial court for further proceedings. View "Perkovic v. Zurich American Ins. Co." on Justia Law

The issue presented in this case was whether, by signing a contract providing that plaintiff agreed “to reimburse [defendants’] attorney fees and costs as may be fixed by the court,” the parties agreed that the amount of reasonable attorney fees would be fixed by a court rather than a jury. After review, the Supreme Court held that the parties did so agree. Accordingly, the Court vacated part of the Court of Appeals’ opinion and reversed that portion of the judgment that reversed the award of contractual attorney fees and costs, as well as that portion of the judgment that reversed the award of case evaluation sanctions. The Court otherwise denied the application and cross-application for leave to appeal and left in place the remainder of the Court of Appeals’ opinion. View "Barton-Spencer v. Farm Bureau Life Ins. Co. of Michigan" on Justia Law

In 2009, defendant Sharea Foster, gave birth to a son, BF. Plaintiff Shae Graham alleged that he was the biological father of BF and therefore should be recognized as BF’s legal father. However, defendant has been married to her husband, Christopher Foster, since 2004. Because “a child conceived and born during a marriage is legally presumed the legitimate child of that marriage, and the mother’s husband is the child’s father as a matter of law,” Michigan law presumed that Christopher was BF’s father notwithstanding plaintiff’s assertions. Plaintiff, nonetheless, sought to establish his alleged paternity and legal fatherhood of BF. When a minor child has a presumptive father, the Revocation of Paternity Act (RPA) allows an individual to come forward under certain circumstances and allege his paternity and legal fatherhood. The Supreme Court determined that the Court of Appeals erred by prematurely adjudicating a nonparty’s anticipated defense (here, Christopher Foster). For that reason, the Supreme Court vacated the offending portions of the judgment below, while leaving in place its judgment remanding the case for further proceedings consistent with the remainder of its opinion. View "Graham v. Foster" on Justia Law

John Barrera was charged with two counts of first-degree criminal sexual conduct, and two counts of second-degree criminal sexual conduct (CSC-II) for sexually assaulting his wife’s granddaughter. Defendant pleaded no contest as a fourth-offense habitual offender to two counts of CSC-II and two counts of third-degree criminal sexual conduct (CSC-III). At sentencing, defendant objected to the scoring of several Offense Variables (OVs). The court overruled all of defense counsel’s objections to the scoring of the OVs except for the objection to the score for OV 12. Specifically, over defense counsel’s objection, the court scored OV 8 at 15 points because defendant asported the victim to a place of greater danger during his commission of the crimes (defendant took the victim to his bedroom where he sexually assaulted her). In an unpublished order, the Court of Appeals denied for lack of merit defendant’s delayed application for leave to appeal. Defendant then sought leave to appeal with the Michigan Supreme Court. After review, the Supreme Court held that movement of a victim incidental to the commission of a crime qualified as asportation under OV 8. Therefore, the Court overruled the controlling case to the extent that they stood for the contrary proposition, and the Court concluded that the trial court properly scored OV 8 at 15 points. In light of the trial court’s error in scoring OV 11, the Court remanded this case for further proceedings. View "Michigan v. Barrera" on Justia Law

On a snowy night, plaintiff Krystal Lowrey went with friends to defendant Woody’s Diner for drinks to celebrate St. Patrick’s Day. While exiting the diner, she fell on the stairs and injured herself. She brought this premises liability action, and the trial court granted summary disposition in defendant’s favor. The Court of Appeals subsequently reversed, concluding that defendant had failed to establish that it lacked notice of the hazardous condition alleged in the complaint, reasoning that defendant had not presented evidence of what a reasonable inspection would have entailed under the circumstances. After its review, the Michigan Supreme Court concluded that in order to obtain summary judgment under MCR 2.116(C)(10), defendant was not required to present proof that it lacked notice of the hazardous condition, but needed only to show that plaintiff presented insufficient proof to establish the notice element of her claim. The Court concluded defendant met its burden because plaintiff failed to establish a question of fact as to whether defendant had notice of the hazardous condition. Accordingly, the Court reversed the Court of Appeals regarding defendant’s notice, reinstated the trial court’s order granting summary judgment in favor of defendant on that issue, and vacated the remainder of the Court of Appeals’ opinion. View "Lowrey v. LMPS & LMPJ, Inc." on Justia Law