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A Better Partnership

August 2013

Aug 2013
16
August 16, 2013

COA holds that the “Right to Work” law applies to the classified civil service

In 2012, Michigan’s legislature passed a “Right to Work” law prohibiting employers from requiring employees to pay union dues as a condition of employment, among other things.  In UAW v. Green, the plaintiff-unions filed an original action in the Court of Appeals challenging the application of the “Right to Work” law to the classified civil service.  The unions argued that the legislature had no power to regulate whether the classified civil service paid union dues, because the state Constitution had lodged that power with the Michigan Civil Service Commission.  The Court of Appeals disagreed, holding that the legislature had the power to regulate whether classified-civil-service employees were required to pay union dues.

Aug 2013
16
August 16, 2013

COA holds medical malpractice defendants must clearly state factual basis of affirmative defenses or waive them

In Tyra v. Organ Procurement Agency of Michigan, the Michigan Court of Appeals held that medical malpractice defendants must raise notice defenses by fully setting forth their factual basis.  Because the defendants had not done so, the plaintiff won an opportunity to argue in support of amending the filing date of her complaint.

Aug 2013
15
August 15, 2013

COA holds that change in civil service employees' pension plan was unconstitutional

In Michigan Coalition of State Employee Unions v Michigan, the Court of Appeals held that legislation which made changes to the State Employees' Retirement Act was unconstitutional because it the changes were made without the authorization of the State Civil Service Commission.

Aug 2013
15
August 15, 2013

COA reinstates charges against a defendant for driving under the influence of Ambien

In People v Kane, the Michigan Court of Appeals reinstated charges against a defendant for "driving under the influence of a controlled substance" because the defendant had Ambien, a drug used to treat insomnia, in his system at the time of the accident.

Aug 2013
10
August 10, 2013

COA holds that partitioning parties should be compensated for their own efforts to benefit the property, not those of their predecessors

Breaking up is hard to do, but the rules governing partition are now a little clearer.  In Silich v. Rongers, the Court of Appeals held that a trial court partitioning a property can diverge from the general court rule that each owner should get fifty percent of the proceeds only to consider benefits conferred by the parties to the action, not their predecessors in interest.

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