Workers’ Compensation – RICO claim stated against comp administrator,...
Where plaintiffs claim that their employer, a workers’ compensation administrator and the administrator’s doctor used the mail to fraudulently deny workers’ compensation claims, the federal district...
View ArticleLabor – Retirees not bound by prior union litigation
Plaintiff retirees are not bound by litigation brought against their former employer by the unions that represented plaintiffs when they were working, the 6th Circuit has decided. The adverse decision...
View ArticleJudgment Reversed – Reinstatement, back pay award reinstated in labor case
In this labor dispute between the 36th District Court and a public-employees union, the Court, instead of granting leave to appeal, reversed “that portion of the Court of Appeals judgment that reversed...
View ArticlePublic Utilities – Siting certificate doesn’t authorize construction of...
“In these consolidated cases, appellant Association of Businesses Advocating Tariff Equity, and appellants Michigan Public Power Agency and Michigan Municipal Electric Association appeal the … order...
View ArticleTaxation – No use tax on replacement tire sales
The Court of Claims correctly determined that plaintiff is entitled to a sales tax credit when a customer returns a damaged tire for a full refund, which includes the sales tax paid on the original...
View ArticleLeave Granted – Do common-law corporate doctrines survive Nonprofit Corp. Act?
The Court has granted leave to review the Court of Appeals decision that the trial court erred by voiding a real property sale on the basis that the seller was required to give plaintiffs notice so...
View ArticleOral Argument Ordered – Was tax assessment based on mutual mistake of fact?
The Court is considering review of a Court of Appeals decision that affirmed a tax tribunal ruling, which ordered several townships to refund personal property taxes paid by an electrical cooperative....
View ArticleForfeiture – Court properly ordered interlocutory sale of yacht
The federal district court correctly ordered the interlocutory sale of the claimants’ yacht under Rule G(7)(b)(i) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture...
View ArticleTaxation – Deduction for unreimbursed business expenses correctly disallowed
Petitioner’s testimony, without more, was insufficient to establish his entitlement to deduct unreimbursed business expenses incurred in 2000 and 2001 from his income tax returns for 2005 and to carry...
View ArticleInsurance – Suit on fire policy was untimely
The court granted a defense motion for summary judgment plaintiffs’ claim that defendant breached an insurance contract by not paying a fire claim made against plaintiffs’ homeowners’ policy....
View ArticleInsurance – Fire insurer entitled to rescind policy on vacant house
There is sufficient evidence to support the jury’s determination that an insurer was entitled to rescind a homeowners’ policy because the applicants made a material misrepresentation on the application...
View ArticleInsurance – Policy business-use exclusion bars garnishment action
An insurance carrier that covered a company for non-business vehicle use is not liable to plaintiffs, who were injured when an unloaded truck struck their car. Although the truck was not pulling a...
View ArticleCivil Procedure – No case evaluation sanctions due on favorable fire appraisal
The trial court correctly refused to award case evaluation sanctions to a plaintiff who accepted an $11,000 case evaluation award in this fire-loss case and later received a $20,000 appraisal award...
View ArticleTaxation – Taxpayer entitled to capital acquisition deduction
Plaintiff publisher’s purchases of master manuscripts from authors are best understood as purchases of tangible assets, for which plaintiff can take capital acquisition deductions. Defendant treasury...
View ArticleInsurance – Misrepresentation concerning back taxes voids policy
Plaintiff’s misrepresentation to defendant insurer concerning back taxes owed on the property to be insured entitled defendant to deny plaintiff’s claim for fire loss after the policy issued. As a...
View ArticleCivil Procedure – Special panel request to resolve venue ruling conflict
The trial court’s grant of a motion to change venue must be reversed under the authority of Provider Creditors Comm v United American Health Care Corp, 275 Mich App 90, 94; 738 NW2d 770 (2007)....
View ArticleBusiness Law – Auto dealer had standing to challenge product-line decision
An auto dealership that carried the Dodge vehicle line had standing under the Motor Dealers Act (MDA), MCL 445.1561 et seq., to challenge an automaker’s decision to allow another dealer in the relevant...
View ArticleBusiness Law – Bottle deposit law has impermissible extraterritorial effect
A Michigan law that requires a unique mark on returnable beverage containers and prohibits the sale of such containers outside of Michigan has an impermissible extraterritorial effect on interstate...
View ArticleReal Property – Bank properly proceeded with foreclosure
Where a mortgage servicer began foreclosure proceedings after plaintiffs’ alleged default, the federal district court correctly dismissed the bulk of plaintiffs’ complaint on the basis that the...
View ArticleBusiness Law – Antitrust plaintiffs sufficiently pleaded injuries in Blue...
A group of antitrust plaintiffs suing Michigan Blue Cross Blue Shield have stated sufficient facts to allege plausible injury claims, the Eastern District has decided. Plaintiffs survive Blue Cross’...
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