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One Court of Justice Blog

Jul 2017
July 27, 2017

COA: Cash value of life insurance policy is exempt from garnishment

In DC Mex Holdings LLC v. Affordable Land LLC, No. 332439, the plaintiff had secured a judgment against an individual defendant and had issued a writ of garnishment seeking to collect against the cash value of that individual's life insurance policy.  In analyzing the relevant statute governing whether these proceeds were exempt, the Court of Appeals noted that the statutory language and intent were designed to protect life insurance policies, including their cash value, for the beneficiary spouse and children.  Thus, the Court of Appeals concluded that the cash value of the policy was exempt from garnishment.

Jul 2017
July 20, 2017

COA determines that public school employees are required to be deemed totally and permanently disabled by an independent medical advisor to receive disability benefits

In Escott v. Public School Employees’ Retirement Board, No. 333264, the Court of Appeals determined that the Public School Employees’ Retirement Board (“PSERB”) has no authority to grant non-duty disability retirement benefits to a public school employee unless and Independent Medical Advisor has deemed the employee totally and permanently disabled.

Jul 2017
July 19, 2017

COA: Schools Boards do not have to recall laid off teachers to fill job openings in different subject matter

In Southfield Educ. Ass’n v. Bd. of Educ. of the Southfield Pub. Schools, No. 331087, the Court of Appeals determined that school boards reserve the right not to hire teachers who have been previously laid off and have high evaluation scores if they have not been evaluated for teaching the subject matter the job opening includes. Teachers with high effectiveness evaluation ratings who have been laid off are not obligated to be recalled by school boards for open positions if their evaluations are not for the subject matter of the position being advertised. However, the Court of Appeals has given the school boards the discretion to make such appointments if they deem it proper.

Jun 2017
June 30, 2017

MSC: Supreme Court “adds” extra day to statute of limitations period for medical malpractice actions

The Michigan Supreme Court, in Haksluoto v. Mt. Clemens Regional Medical Center, No. 153723, reversed the decision of the Court of Appeals and held that when a timely notice of intent (NOI) is filed, it preserves the day it was filed as one to be used after the required notice period of 182 days ends and the statute of limitations for medical malpractice actions resumes.

Jun 2017
June 21, 2017

COA: Fit parents have the right to adjust grandparenting time

“MCL 722.27b provides grandparents in certain situations the means to seek an order for grandparenting time.” However, in Geering v. King, No. 335794, the Court of Appeals found that this cannot come at the expense of limiting the right of fit parents, who may, for reasons the courts may disagree with, choose to limit the amount of time that their children spend with their grandparents.

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