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December 2016

Dec 2016
22
December 22, 2016

COA: Trial court overstepped its authority in blocking state access to Legionella-related records from Flint area hospital

“An order restricting the flow of information to a state agency, or curtailing a state agency’s ability to fulfill its statutory mandate, cannot rest on catchy phrases or naked assertions devoid of factual support,” said the Michigan Court of Appeals in Department of Health & Human Services v. Genesee Circuit Judge, No. 334491.  In this action for superintending control, the Court of Appeals vacated three protective orders issued by Genesee Circuit Judge Geoffrey Neithercut, which prevented the Michigan Department of Health and Human Services (“DHHS” or “the Department”) from accessing McLaren-Flint Hospital’s medical records.

Dec 2016
15
December 15, 2016

COA determines that the actual water's edge is the boundary of a critical dune area

In Port Sheldon Beach Association v. Department of Environmental Equality, No. 328483, the Michigan Court of Appeals held that the lakeward boundary of a critical dune area (“CDA”) located in Port Sheldon Township extends to the water’s edge, thereby subjecting the boundary to the Sand Dune Protection and Management Act (“SDPMA”).

Dec 2016
15
December 15, 2016

MSC: Onus is on plaintiff not defendant, to prove notice of hazard in slip and fall case

In Lowrey v. LMPS & LMPJ Inc, No. 153025, the Michigan Supreme Court, without oral argument, held the Court of Appeals erred when it both improperly shifted the burden to defendant to prove its lack of notice of a hazardous condition and imposed a new element necessary to prove such lack of notice thereby improperly imposing a new requirement on premises owners seeking summary disposition. Accordingly, the Court reversed the judgment of the Court of Appeals regarding defendant’s notice, reinstated the trial court’s order granting summary disposition in favor of defendant on that issue, and vacated the remainder of the Court of Appeals’ opinion.

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