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One Court of Justice Blog

Aug 2017
23
August 23, 2017

COA: Unjust Enrichment claim is not barred by governmental tort immunity

The case of Genesee Cnty. Drain Comm'r v. Genesee County, No. 331023 has reached the Court of Appeals for the second time.  Our description of the facts of the case and the Court's initial holding regarding governmental immunity can be found here.  This time, the case returns to the Court on another discreet question regarding the scope of governmental immunity:  is a claim for unjust enrichment a claim alleging tort liability that is barred by the GTLA?  The Court concluded that it was not a tort claim, and thus not barred.  Specifically, the Court reasoned that a claim for unjust enrichment was based on an equitable doctrine to impose contract liability, and not tort liability.  

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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