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One Court of Justice Blog

Jan 2018
January 26, 2018

COA: Defendant did not waive standing defense where consent judgment did not expressly show intent to waive a standing argument

In VHS Huron Valley Sinai Hospital v. Sentinel Insurance Company, 328005, the Court of Appeals applied the holding Michigan Supreme Court in Covenant Med Ctr, Inc v. State Farm Mut Auto Ins Co, 500 Mich 191; 895 NW2d 490 (2017) that the plaintiff, a health care provider, did not possess a statutory cause of action against no-fault insurers for the recovery of personal protection insurance benefits. Specifically, the court held that: 1) the law set forth in Covenant applied retroactively to Defendant's pending appeal; and 2) Defendant did not waive its defense as to plaintiff’s lack of standing through a stipulated order and consent judgment.

Nov 2017
November 28, 2017

MSC overrules COA decision holding a motion to change schools is not an order affecting the custody of a minor

After hearing mini-oral argument in Marik v. Marik, No. 154549, the Michigan Supreme Court vacated the Court of Appeals’ order and remanded to the trial court to reconsider whether a court’s postjudgment order denying a party’s request to change a minor child’s school enrollment is a “postjudgment order affecting the custody of a minor” and therefore a “final order” under MCR 7.202(6)(a)(iii).  We previously blogged about Marik here

Sep 2016
September 23, 2016

COA holds that insured party does not need legal interest in insured property to be indemnified

In A.B. Petro Mart, Inc. v. Prime One Insurance, No. 327481, the Michigan Court of Appeals held that under the insurable-interest doctrine, an insured party is not required to have a legal interest in or financial responsibility for any damages to the insured property in order to be indemnified under an aleatory indemnity contract.

Sep 2016
September 12, 2016

COA holds that where public body did not regularly violate the Open Meetings Act, there is no cause for injunctive relief

In Citizens for a Better Algonac Community Schools v. Algonac Community Schools, No. 326583, the Michigan Court of Appeals held that the plaintiffs had no cause of action under the Open Meetings Act (“OMA”) because there was no ongoing violation of the OMA.  Therefore, plaintiffs were not entitled to the injunctive relief they sought.

Nov 2015
November 23, 2015

COA: In light of Obergefell, Equitable Parent Doctrine no longer limited to the confines of marriage as previously defined by Michigan Constitution and statutory law

In Stankevich v. Milliron, No. 310710, the Michigan Court of Appeals held that the United States Supreme Court’s decision in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), requires that Michigan recognize same sex marriage and therefore the Equitable Parent Doctrine extends to persons in same-sex marriages.  In so holding, the Court of Appeals concluded that the plaintiff had standing to seek the status of an equitable parent.

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