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One Court of Justice Blog

Jun 2017
13
June 13, 2017

MSC grants MOAA to determine whether merely claiming a debt as a “bad debt” is sufficient to entitle the lender to bad-debt tax deduction

In Ally Financial Inc. v. Department of Treasury, No. 154668-70, the Michigan Supreme Court granted mini-oral argument to consider, among other things, whether repossessed property is excluded for "bad debt" tax credit.  
 

Jun 2017
12
June 12, 2017

MSC grants mini-oral argument to clarify the retroactive application of Executive Order 225 to retiree benefit contributions

The Michigan Supreme Court is not quite done with its analysis of the retroactivity of Order 225.  The Court again granted mini-oral argument in Board of Trustees of the City of Pontiac v. City of Pontiac, No. 154745, to address whether (1) the Court of Appeals correctly applied the findings in LaFontaine Saline, Inc. v. Chrysler Group, LLC, 496 Mich 26 (2014) to Order 225; (2) whether LaFontaine prohibited the retroactive application of Order 225 to the trust; and (3) if LaFontaine does not apply, whether Order 225’s retroactive modification of the 2011-2012 fiscal contribution to the trust is impermissible under the Michigan constitution.  This decision could have an impact on the application of Order 225 retroactively to a wide-range of obligations and claims.
 

Jun 2017
12
June 12, 2017

MSC denies leave to consider whether municipalities can bring suit for violating zoning ordinances after decades of use

In Charter Township of Lyon v. Petty and Charter Township of Lyon v. Hoskins, Case Nos. 155024 and 155025, in lieu of granting leave to appeal the Court of Appeals' decision that municipalities may choose whether and when to enforce zoning ordinances at any time, the Michigan Supreme Court vacated two portions of the Court of Appeals' decision, opining that these two statements were not necessary for the holding and were not well grounded in Michigan jurisprudence.

Jun 2017
12
June 12, 2017

MOAA: Was evidence of defendant’s prior firearms convictions permissible because it bore on wife’s credibility and was not a collateral issue?

The Michigan Supreme Court granted a mini-oral argument to hear whether a defendant’s rights were violated through the use of character evidence and evidence of prior crimes. In People v. Wilder, No. 154814, the court will hear: 1) whether defendant’s prior firearms-related convictions were offered solely as character evidence, 2) whether defendant’s prior convictions were relevant to his guilt or innocence and 3) whether any part of the trial deprived defendant of a just outcome. 
 

Jun 2017
09
June 09, 2017

COA Interprets Earth Movement Exclusion As Applying to Any Earth Movement

In Home-Owners Insurance Co. v. Dominic F. Adnriacchi, No. 331260, the Court of Appeals held the plain language of an insurance contract excluding damage cause by “any earth movement” meant what it said and did not apply only to natural earth movement.  
 

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