Justia Michigan Supreme Court Opinion Summaries

The Judicial Tenure Commission (JTC) issued a formal complaint against Judge Deborah Adams of the Third Circuit Court for misconduct (misrepresentations under oath, forgery and the filing of forged and unauthorized pleadings, and misrepresentations to the commission). The JTC found two of the three counts against Judge Adams were established by a preponderance of the evidence, and recommended that she be suspended without pay for 180 days and ordered to pay costs. The Supreme Court affirmed the JTC's findings of fact and conclusions of law. However, the Court rejected the JTC's recommendation of suspension and instead removed her from office. View "In re Adams" on Justia Law

Defendant David Burns was tried by jury and convicted of first-degree sexual conduct. The victim, his four-year-old daughter, told a bible school teacher, who happened to be a forensic interviewer and sexual-assault nurse examiner. The teacher conditionally testified at trial regarding the child's out-of-court statements before the child herself was called to testify. The prosecutor then tried to have the child testify, but was unsuccessful. The teacher's testimony was admitted, on the grounds that defendant told the child "not to tell" of the alleged abuse, rendering her unavailable to testify, and making the teacher's statement admissible under the forfeiture-by-wrongdoing rule. The Court of Appeals reversed, concluding that the State failed to establish by a preponderance defendant had both specific intent to cause the child's unavailability, and that the wrongdoing in fact caused her unavailability. The State appealed, but the Supreme Court agreed with the appellate court and affirmed that court's reversal. View "Michigan v. Burns" on Justia Law

Several union groups filed unfair labor practice complaints against Macomb County and the Macomb County Road Commission over a change in the method for calculating pension benefits. The groups argued the County lowered benefits without bargaining on the issue as required by Michigan labor law. Upon review, the Supreme Court found that disputes over terms or conditions of employment covered by a collective bargaining agreement (CBA) are subject to arbitration through a grievance process. When the CBA grants the retirement commission discretion to use actuarial tables to establish pension benefits, the decision to change a long-standing method of calculating those benefits does not (by itself) constitute the clear and unmistakable evidence needed to overcome the CBA's coverage, nor does it create a new condition of employment that would trigger the need to bargain. As a result, none of the unfair labor practices alleged in this case could be sustained, and the remedy for this dispute should have gone through the grievance process called for in the CBA. View "Macomb County v. AFSCME Council 25 Locals 411 & 893 " on Justia Law

Hillsdale County Senior Services, Inc. (HCSS) filed an action against Hillsdale County, seeking mandamus to enforce the terms of a property-tax ballot proposition that provided for the levy of an additional 0.5 mill property tax in Hillsdale County to fund HCSS. The Hillsdale County voters approved the proposition in 2008 to raise funds for the provision of services to older persons by HCSS. Defendant entered into a contract with HCSS from January 1, 2009 through December 31, 2010, but did not levy and spend the full, voter-approved, 0.5 mill. The circuit court granted plaintiffs' writ for mandamus and ordered defendant to levy the entire 0.5 mill for the length of time approved by the voters. In an unpublished opinion, the Court of Appeals reversed the order, concluding that the circuit court lacked subject-matter jurisdiction over the case because the Tax Tribunal had exclusive and original jurisdiction over the matter. HCSS appealed, and the Supreme Court, after its review, agreed that the circuit court lacked subject-matter jurisdiction. Accordingly the Court of Appeals was affirmed. View "Hillsdale County Senior Services Center v. Hillsdale County" on Justia Law

Plaintiff Kenneth Admire was seriously injured when the motorcycle he was riding collided with a car being operated by an insured of Defendant Auto-Owners Insurance Company. Following the accident, Kenneth required wheelchair-accessible transportation. Through his guardian Russ Admire, brought an action against Auto-Owners Insurance Company, seeking payment of personal protection insurance (PIP) benefits under the no-fault act. Auto-Owners had agreed to pay the full cost of purchasing a van modified to accommodate Kenneth’s wheelchair. Kenneth’s guardian gave Auto-Owners notice of his intent to purchase a new van. In response, Auto-Owners stated that it was not obligated to pay the base purchase price of a new van, but that it would pay for the necessary modifications if Kenneth’s guardian purchased a new vehicle for him. Kenneth’s guardian purchased the new van for Kenneth, and after the cost of the modifications was reimbursed and the trade-in value was applied, Kenneth was left with $18,388.50 in out-of-pocket expenses for the modified van. Kenneth brought suit seeking reimbursement for the out-of-pocket expenses. The Court of Appeals ruled in favor of Kenneth, but the Supreme Court reversed: Auto-Owners met its statutory obligation to pay for the transportation expenses recoverable under the statute, by paying for the van’s modifications and reimbursing him for mileage to and from his medical appointments. The Court of Appeals erred by concluding that the base price of the van was compensable. View "Admire v. Auto-Owners Ins. Co. " on Justia Law

Defendant Rodney Lee Koon was stopped for speeding. During the stop, defendant voluntarily produced a marijuana pipe and informed the arresting officer that he was a registered patient under the MMMA and was permitted to possess marijuana. A blood test to which defendant voluntarily submitted several hours later revealed that his blood had a THC content of 10 ng/ml. The State charged defendant with operating a motor vehicle with the presence of a schedule 1 controlled substance in his body under MCL 257.625(8). The prosecution sought a jury instruction that the presence of marijuana in defendant's system resulted in a per se violation of the Michigan Vehicle Code. Defendant argued that the zero-tolerance provision could not possibly apply to MMMA registered patients because the MMMA prevented the prosecution of registered patients for the medical use of marijuana, including internal possession, and only withdraws its protection when the patient drives while "under the influence" of marijuana. Moreover, the MMMA resolved conflicts between all other acts and the MMMA by exempting the medical use of marijuana from the application of any inconsistent act. The district court and circuit court agreed with defendant. The Court of Appeals reversed, reasoning that the MMMA yielded to the Legislature's determination in MCL 257.625(8) that it is unsafe for a person to drive with any marijuana in his or her system. The issue before the Supreme Court centered on whether the MMMA's protection superseded the Michigan Vehicle Code's prohibition and allowed a registered patient to drive when he or she has indications of marijuana in his or her system but is not otherwise under the influence of marijuana. The Court concluded that it did. Accordingly, the Court reversed the Court of Appeals, reinstated the judgment of the Circuit Court, and remanded this case to the District Court for further proceedings. View "Michigan v. Koon" on Justia Law

Plaintiff Bruce Whitman had been employed by defendant City of Burton as the police chief from 2002 until 2007. Codefendant Charles Smiley, the Mayor, declined to reappoint plaintiff. Plaintiff then filed suit under the Whistleblowers' Protection Act (WPA), alleging that he was not reappointed because he had threatened to pursue criminal charges against the mayor if the city did not comply with a city ordinance and pay him for unused sick, personal and vacation time he accumulated in 2003. Defendants contended that plaintiff had agreed to forgo any payout for accumulated leave in order to avoid a severe budgetary shortfall and that plaintiff was not reappointed because the mayor was dissatisfied with plaintiff's performance as police chief. A jury returned a verdict in favor of plaintiff; the trial court denied defendants' motion for judgment notwithstanding the verdict or a new trial. Defendants then appealed. The Court of Appeals reversed, concluding that plaintiff's claim was not actionable under the WPA because he had acted to advance his own financial interests and not out of an altruistic motive of protecting the public. Upon review, the Supreme Court concluded that nothing in the WPA's language addressed an employee's motivation for engaging in protected conduct, nor did any language mandate that the employee's primary motivation for pursuing a claim under the Act be a desire to inform the public of matters of public concern. Accordingly, the Court reversed the appellate court and remanded the case for consideration of remaining issues on which that court did not formally rule, including whether the causation element of the WPA had been met. View "Whitman v. City of Burton" on Justia Law

Plaintiff Ian McPherson brought an action against Christopher McPherson, Progressive Michigan Insurance Company, and others, seeking payment of personal protection insurance benefits under the no-fault act. Plaintiff developed a neurological disorder as a result of injuries sustained in a 2007 motor vehicle accident while he was a passenger in a vehicle driven by Christopher McPherson. Subsequently, in 2008, while driving a motorcycle, he experienced a seizure consistent with that disorder, lost control of the motorcycle, crashed into a parked car, and sustained a severe spinal cord injury that left him quadriplegic. Plaintiff claimed entitlement to no-fault benefits for the spinal cord injury, asserting that the 2008 spinal cord injury arose out of the 2007. Progressive moved for partial summary disposition. The court denied the motion; the appellate court affirmed. Upon review, the Supreme Court found that the facts alleged by plaintiff were insufficient to support a finding that the first injury caused the second injury in any direct way. Absent the intervening motorcycle accident, plaintiff's spinal cord injury would not have occurred as a direct result of the neurological disorder. The trial court erred by failing to grant summary disposition in favor of Progressive, and the Court of Appeals erred by affirming that decision. View "McPherson v. McPherson" on Justia Law

Elba Township brought an action against the Gratiot County Drain Commissioner seeking to enjoin the commissioner from consolidating the drainage districts associated with the No. 181-0 drain and its tributary drains. Elba Township argued that the consolidation proceedings had violated the Drain Code because the No. 181-0 drain petition for consolidation lacked the statutorily required number of freeholder signatures and the notice of the hearing by the board of determination had been deficient. Plaintiffs David Osborn, Mark Crumbaugh, Cloyd Cordray, and Rita Cordray intervened, similarly seeking declaratory and injunctive relief and claiming that the petition was defective and that the notice of the meeting of the board of determination was defective, resulting in a violation of their due process rights. With regard to the due process claim, plaintiffs’ primary complaint was that some of the property that would be affected by the drainage project lay outside the townships listed in the notice, although the notice stated that it was being sent to persons liable for an assessment. The drain commissioner moved for summary judgment, arguing that the appropriate number of signatures had been gathered and that the notice given appropriately informed those affected by the proposed consolidation of the date, time, and place of the board-of-determination hearing. Elba Township and plaintiffs filed cross-motions for summary judgment. The court granted the drain commissioner’s motion, finding that only 5 freeholder signatures were required on the petition rather than the 50 signatures the township claimed. Elba Township and the Osborn plaintiffs appealed. The Court of Appeals affirmed the trial court’s exercise of equitable jurisdiction, but reversed on the merits. Upon review, the Supreme Court concluded that the lower courts improperly exercised equitable jurisdiction over the signature-requirement question but properly exercised such jurisdiction over the question of notice. "The former question is purely statutory and, as such, there were no grounds on which the lower courts could properly exercise equitable jurisdiction. Though the exercise of equitable jurisdiction over the latter question was proper, we conclude that constitutional due process did not entitle plaintiffs to receive notice of the 'board of determination' hearing. The trial court’s order granting summary judgment for defendant was reinstated. View "Elba Township v. Gratiot County Drain Commissioner" on Justia Law

Plaintiff Beckie Price sued Defendant High Pointe Oil Company, Inc. claiming, among other things, for damages for the mental anguish, emotional distress, and other psychological injuries sustained when High Pointe negligently pumped 400 gallons of oil into the basement of her house. The incident created a hazard such that Plaintiff's house had to be razed. High Pointe moved for summary judgment, aruging that noneconomic damages resulting from real property damage were not compensable. The circuit court denied part of High Pointe's motion, concluding that damages could be recovered in a negligence action. The jury awarded Plaintiff $100,000 for noneconomic damages; High Pointe moved for judgment notwithstanding the verdict. The circuit court denied High Pointe's motion, and the company subsequently appealed. Upon review, the Supreme Court found that no Michigan case has ever allowed a plaintiff to recover noneconomic damages resulting solely from the negligent destruction of property, either real or personal. "Rather, the common law of this state has long provided that the appropriate measure of damages in cases involving the negligent destruction of property is simply the cost of replacement or repair of the property." The Court reversed and remanded the case for entry of summary judgment in High Pointe's favor. View "Price v. High Pointe Oil Company, Inc." on Justia Law