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One Court of Justice Blog

Aug 2016
31
August 31, 2016

COA again determines that the claims records of the Michigan Catastrophic Claims Association are not subject to disclosure

On remand from the Michigan Supreme Court, in Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Association, No. 314310, the Michigan Court of Appeals held that the Michigan Catastrophic Claims Association (MCCA) is a public body for purposes of the Freedom of Information Act (FOIA).  It further held that the enactment of MCL 500.134(4)—which provides a statutory exemption to FOIA—did not violate the state constitution and that MCCA’s records are exempt from disclosure under MCL 500.134(4) and (6)(c).

Jun 2016
29
June 29, 2016

COA: Compliance with FOIA requires a response to, and not fulfillment of, a request for documentation

The Michigan Court of Appeals, in Cramer v. Oakley, No. 330736 held that the government complied with FOIA’s requirement to grant a FOIA request within the statutorily-mandated time period by affirmatively notifying a party that it was granting its request and then supplying the actual documents within a reasonable amount of time after that notification.  The Court concluded that granting and fulfilling a request were two different things.  Because FOIA requires “granting” a request within five business days of its receipt, a government entity need only inform the requesting party whether it will be allowing or denying the request within that time period; it need not actually fulfill the request within those five days.  

Oct 2015
20
October 20, 2015

MSC remand regarding Michigan Catastrophic Claims Association and FOIA

In Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Association, No. 150001, the Michigan Supreme Court vacated the portion of the Court of Appeals’ opinion holding that MCL 500.134(4)—which provides a statutory exemption to the Freedom of Information Act (“FOIA”)—does not violate Article 4, § 25 of the Michigan Constitution.  The Court stated that the Court of Appeals had improperly reached this conclusion because it assumed, without analysis, that the Michigan Catastrophic Claims Association is a “public body” subject to FOIA.  Accordingly, the Michigan Supreme Court remanded the case for reconsideration of this issue and, in light of its resolution of the issue, reconsideration of whether MCL 500.134(4) violates the Michigan Constitution.

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