Detroit news endorses Zahra, Viviano, and Murphy for Michigan Supreme Court

In a lengthy editorial regarding the upcoming election for three seats on the Michigan Supreme Court, the Detroit News endorsed incumbents Justice Brian Zahra and David Viviano as well as Michigan Court of Appeals Chief Judge Bill Murphy. Read More

COA allows assigned-claims-insurer reimbursement even from a non-liable insurer

In the Consolidated case, Farm Bureau Ins. Co. v. American Guarantee and Liability Ins. Co., No. 312882, the COA held that assigned claims insurers are entitled to repayment for expenses incurred as a result of covering disputed or undisputed claimant benefits, even if the underlying insurer is not liable for the claim. Read More

MSC to hear mini-oral argument on whether a claim of “intrinsic fraud” can be brought based on a supposedly false affidavit filed in federal court

Can a separate action for “intrinsic fraud” be brought against the same parties for filing a fraudulent affidavit in an earlier lawsuit?  The Michigan Supreme Court has granted mini-oral argument on that issue in an employee discrimination case, Rodriguez v. Fedex Freight East, Inc., No. 149222. Specifically, the court will receive supplemental briefing an oral argument on the relevance of the Michigan Supreme Court’s decision in Daoud v. De Leau, 455 Mich. 181 (1997), which held that a second suit for fraud based on perjury in an earlier case may not be filed against a person involved in the first suit if statutes and court rules provide an avenue for bringing relief. Read More

MSC to hear mini-oral argument on the scope of a general contractor's liability for hazards in subcontractor work-area

Michigan’s common work-area doctrine requires general contractors to guard against “readily observable, avoidable damagers in common work areas which create a high degree of risk to a significant number of workmen.”  In Lantham v Barton Malow Company, No. 148928, the Michigan Supreme Court granted oral argument to consider whether “significant number of workmen” refers to a work area used by a significant number at a given point in time or over a period of time. Read More

COA clarifies scope of the NREPA firearm

In Cheboygan Sportsman Club v. Cheboygan County, the Michigan Court of Appeals held that the Natural Resources and Environmental Protection Act’s (NREPA) prohibition against discharging a firearm within close proximity to an occupied residence does not apply to a target practice range. Read More
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