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A Better Partnership

December 2012

Dec 2012
07
December 07, 2012

COA Opinion: No-Fault Act does not bar uninsured plaintiffs from seeking non-economic damages for intentional torts

In Gray v Chrostowski, the Michigan Court of Appeals held that a motorist's failure to carry no-fault insurance does not prevent him from seeking non-economic damages arising out of an intentional tort. There, the uninsured plaintiff alleg

Dec 2012
07
December 07, 2012

COA Opinion: Court examines judicial and non-judicial settlement agreements involving trusts

In In re Robert H. Draves Trust, the Michigan Court of Appeals clarified the limitations on probate-court intervention into settlement agreements involving trusts under MCL 700.7111. That statute governs non-judicial settlement agreements that resolve issues relating to trusts. The court of appeals determined that a settlement agreement involving trusts made in re

Dec 2012
06
December 06, 2012

COA Opinion: A new defense available under the recent Moreno decision was not reviewable because it was not raised in the trial court first, before Moreno was decided

Reviewing an appeal from district court to circuit court, the Court of Appeals in People v. Kodlowski affirmed the defendant's conviction for resisting arrest. Because the defendant had not previously raised a defense based on unlawful arrest, the majority refused to retroactively apply the holding in

Dec 2012
06
December 06, 2012

COA Opinion: City's demolition order without an opportunity to repair the building violates procedural due process

As the adage goes, one person's trash is another's treasure. In Bonner v. City of Brighton, the Michigan Court of Appeals held that Brighton's ordinance, BCO ' 18-59, which requires demolition of an unsafe building if the cost to make it safe exceeds the building's value, violates the procedural due-process rights of the building's owners. The plaintiffs, who own tw

Dec 2012
06
December 06, 2012

COA Opinion: Work loss benefits under the No-Fault Act include flow-through S corporation earnings

Under Section 3107(1)(b) of the No-Fault Act, insurers are liable for benefits consisting of 'the loss of income from work.' In Brown v. Home Owners Insurance Company, the Michigan Court of Appeals held that the profits generated by an S corporation should be included when calculating the work loss benefits payable under that section, MCL ' 500.3107(1)(b).

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