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July 2013

Jul 2013
29
July 29, 2013

MSC Opinion: Government Tort Liability Act bars contempt action where plaintiff is seeking tort-like damages

On Friday, in lieu of granting leave to appeal, the Michigan Court of Appeals reversed the judgment of the Michigan Court of Appeals in In re Bradley Estate. In so doing, the Court concluded that the Governmental Tort Liability Act ('GTLA') provides governmental agencies with immunity from civil contempt petitions seeking compensatory damages under

Jul 2013
29
July 29, 2013

MSC Order: Court asks for additional briefing to determine whether dissolved corporations are entited to notice

On July 26, 2013, the Court took the unusual step of ordering additional briefing in Woodbury v. Res-Care Premier, Inc., which had been previously argued, briefed and submitted for an opinion. In its order resubmitting the case for the October 2013 calendar, the Court noted that it would be assisted by supplemental briefing. As we

Jul 2013
26
July 26, 2013

COA holds that some insurance agents have a special relationship with their clients

In Zaremba Equipment, Inc. v. Harco National Ins. Co., the Michigan Court of Appeals held that an insurance agent who advises his or her client on the amount of coverage needed establishes a special relationship with that client, giving rise to a duty to provide sufficient coverage. Because Zaremba had a special relationship with its insurance agent, its failu

Jul 2013
26
July 26, 2013

COA holds that the dangerous-animal statute is not a strict-liability offense

Under Michigan law, it is a felony to own a dangerous animal that has caused serious injury other than death to another. In People v. Janes, the Court of Appeals had to determine whether the dangerous-animal statute is a strict-liability crime. While the statute itself is silent on the issue, the Court held that it requires the prosecutor to prove cr

Jul 2013
26
July 26, 2013

COA holds that assessor cannot appeal classification to the STC without a prior protest at the board-of-review level

In Livingston Capital, LLC v. State Tax Commission and Lairait v. State Tax Commission, the Michigan Court of Appeals considered the appropriate review process for property-tax classifications. In both cases, the assessors had classified certain properties as industrial. The owners did not protest the classifications and the boards of revi

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