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A Better Partnership

August 2012

Aug 2012
August 17, 2012

COA Opinion: Statute requiring public schools to give three-percent of employees' wages to retirement fund held unconstitutional

In AFT Michigan v Michigan and several consolidated cases, public-school employees and their representative organizations challenged the constitutionality of MCL 38.1343. MCL 38.1343 requires public schools to pay 3% of each employee's salary to the state, to be placed into accounts used to fund public-school-employee healthcare retirement be

Aug 2012
August 12, 2012

COA Opinion: Insurer cannot condition tolling of limitations period on its "formal" denial

The Court of Appeals held in a published decision that an insurance policy which conditioned the tolling of the statute of limitations on the insurer's "formal" denial of liability was contrary to the statutory language in MCL 500.2833(1)(q) and therefore void. More specifically, the dispute concerned what kind of denial was sufficiently "formal" to count. The court revers

Aug 2012
August 08, 2012

COA Opinion: A settlement agreement cannot relieve a person of a duty imposed by statute.

In Neal v. Department of Corrections, the Michigan Court of Appeals considered whether several intervening state departments could discover the names of plaintiff class members in a class action lawsuit that was settled between prisoners and the Michigan Department of Corrections ('MDOC'). The identities of the plaintiff c

Aug 2012
August 06, 2012

In a splintered decision, Michigan Supreme Court reverses appellate court but grants mandamus on alternate grounds; the Emergency Manager law is suspended and will be voted on by the people this Novem

On Friday, a splintered Michigan Supreme Court overruled an earlier appellate decision and held that a referendum petition submitted for certification may not be certified if it is deficient in form or content, even if it substantially complies with the form and content requirements of the law. A majority of the Court, however, further held that the referen

Aug 2012
August 03, 2012

COA Opinion: Harm to the community does not permit a sentence increase based on the number of victims

In People v. Carrigan, the trial court increased the defendant's sentence because it found that the defendant's crime harmed the community. There, the defendant broke into two public schools and destroyed property. Under the sentencing guidelines, Offense Variable 9 permits the trial court to increase a sentence based on the number of victim

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