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One Court of Justice Blog

Jun 2017
16
June 16, 2017

MSC broadens parked-car exception to the Michigan no-fault insurance act

In Daniel Kemp v. Farm Bureau General Insurance Company of Michigan, No. 151719, the Michigan Supreme Court of reversed the Court of Appeals and overruled Shellenberger v Insurance Co. of North America, holding that a man who had injured himself while unloading a bundle from his parked truck raised sufficient issues of material fact to survive a motion for summary judgment. 
 

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.
 

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