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August 2011

Aug 2011
29
August 29, 2011

COA Opinion: Law requiring three percent employee compensation contribution to finance public employee retirement held unconstitutional

In AFSCME Council 25 v. State Employees Retirement System, Nos. 302959, 302960, 302961, 302962, the Court of Appeals held that MCL 38.35, which requires a three percent employee compensation contribution to finance the public employee retirement health care funding act, is unconstitutional. During collective bargaining agreement

Aug 2011
29
August 29, 2011

COA Opinion: Plaintiff may recover noneconomic damages for damage or destruction to real property

In Price v. High Pointe Oil Co., No. 298460, the Court of Appeals held that 'in negligence actions, a plaintiff may seek recovery of mental anguish damages naturally flowing from the damage to or destruction of real property.' In Prince, plaintiff was awarded $100,000 in non-economic damages resulting from defendant fil

Aug 2011
26
August 26, 2011

COA Opinion: Court notes two limitations on its prior holding in Residential Funding Co. v. Saurman

The Michigan Court of Appeals previously issued an opinion in Richard v. Schneiderman & Sherman, P.C., No. 297353, on August 11, 2011. This opinion was discussed on the One Court of Justice Blog here. On August 22, 2011, the Court vacated its August 11, 2011, opinion on i

Aug 2011
24
August 24, 2011

MSC Order List: August 24, 2011

On August 24, 2011, the Michigan Supreme Court issued two orders. First, the Court issued an order granting immediate consideration and enforcing stay in Michigan v Anderson, No. 143339. The application for leave to appeal in this case remains pending. Second, the Court issued an order closing the file on

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