COA holds that Michigan's SBT is non-dischargeable in bankruptcy

The Court of Appeals considered an issue of first impression in Henderson v. Michigan Department of Treasury, No. 312859, and held that Michigan’s Single Business Tax (SBT) is an excise tax not subject to discharge in bankruptcy proceedings. Furthermore, the Court held that the tax tribunal did not err when it prohibited Henderson the opportunity for discovery before a final opinion on the matter was issued. Read More

COA affirms MPSC order denying biomass-plant eligibility to recover NOx emissions costs

In the consolidated case In Re Consumers Energy Co., No. 305066, the Court of Appeals reconsidered and reaffirmed the Michigan Public Service Commission’s order denying a biomass plant’s eligibility to collect mono-nitrogen oxide (NOx) emission costs and accepting Consumers Energy’s calculated power supply recovery costs for 2009. Read More

Court of Appeals to reconsider appeal of trial court's order denying motion to vacate plea

In People v. Reid, No. 148678, the Michigan Supreme Court remanded as on leave granted.  The Court of Appeals was directed to consider defendant’s appeal of the district court’s denial of his motion to rescind, revoke, or vacate his nolo contendere plea. The circuit court denied both motions. When the Court of Appeals originally considered defendant’s delayed application for leave to appeal, it only docketed the application as an appeal from the motion for production of documents, not from the motion to vacate his plea. The Michigan Supreme Court remanded the case to the Court of Appeals, so that it can consider the defendant’s application for leave to appeal as to the motion to vacate his nolo contendere plea.
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COA denies relief from court’s deviation from standard jury instruction for a deadlocked jury

In People v. Galloway, No. 316262, the Michigan Court of Appeals denied relief to a criminal defendant where the judge told the foreperson to privately poll the jury as to who thought the jury was likely to reach a verdict soon. However, the court simultaneously warned courts not to deviate from the standard jury instructions for potentially deadlocked juries. Read More

MSC to clarify the $25k amount-in-controversy limit on district courts’ jurisdiction

Under MCL 600.8301, the district court has jurisdiction over civil controversies involving less than $25,000.  In Moody v. Home Owners Insurance Co., No. 149046, the Michigan Supreme Court granted leave to appeal whether a district court loses its subject matter jurisdiction if the amount in controversy ever exceeds the $25,000 limit.  The Supreme Court will clarify at what point in the proceedings the amount may exceed the $25,000 threshold, if ever. Read More
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