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One Court of Justice Blog

Apr 2017
21
April 21, 2017

COA held vested retirement rights may not be altered without the retiree’s consent

In Kendzierski v County of Macomb, No. 329576, the COA held vested retirement rights may not be altered without the retiree’s consent. The COA held the trial court properly determined retirement rights had vested, however had erred by determining that defendant may reasonably modify the scope and level of the healthcare benefits without plaintiffs’ consent.

Mar 2017
22
March 22, 2017

MSC denies leave after MOAA on whether attorney fees award should have been submitted to the jury

The Michigan Supreme Court has denied leave to appeal in Power Play International v. Reddy, No. 154347, following mini-oral argument on the question of whether the trial court erred in awarding attorney fees following a postjudgment hearing rather than submitting the issue to the jury as part of the plaintiffs' breach of contract claim.  

Dec 2016
12
December 12, 2016

MSC grants MOAA on whether award of attorney fees should have been decided by trial court or jury

The Michigan Supreme Court has granted a mini-oral argument on the question of whether the trial court erred in awarding attorney fees following a postjudgment hearing rather than submitting the attorney fee issue to the jury.
 
In
Power Play International v. Reddy, No. 154347, the plaintiffs sued to enforce a 2008 settlement agreement between the parties.  That agreement provided in part that the prevailing party in an action to enforce the agreement would be entitled to recover associated attorney fees.  The plaintiffs prevailed on summary disposition regarding defendants’ liability for breach of the settlement agreement, and the jury awarded plaintiffs damages of $3,000,000.  The trial court held an evidentiary hearing regarding the reasonableness of plaintiffs’ attorney fees, and ultimately ordered defendants to pay fees of $80,765.

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