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A Better Partnership

December 2010

Dec 2010
16
December 16, 2010

COA Opinion: "Open and Obvious" Doctrine Requires a Hazard to be Obvious on Casual Inspection by an Average Person of Ordinary Intelligence

On December 14, 2010, the Court of Appeals published its per curiam opinion in Watts v Michigan Multi-King, No. 293185. In Watts, the plaintiff sued for negligence after she fell on a wet, newly-mopped floor in the defendant's restaurant. The restaurant's incident report stated that 'wet floor' signs were visible, but the plaintif

Dec 2010
16
December 16, 2010

COA Opinion: Prosecutor's final report of investigation subject to deliberative-process privilege

In Truel v. City of Dearborn, No. 290600, the Court of Appeals held that Michigan's investigative subpoena statute, MCL 767 et seq., prevents a party involved in an action under the Whistleblowers' Protection Act (WPA) from gaining access to statements and investigative reports derived from investigative subpoenas issued by a prosecutor. In

Dec 2010
16
December 16, 2010

MSC Order List: December 15, 2010

On Wednesday, December 15, 2010, the Michigan Supreme Court denied a motion filed by a prisoner-apellant to waive the filing fee in the case of Hudson v. Lorence, Case No. 142275. The order explained that MCL 600.2963 requires a prisoner pursuing a civil action be liable for filing fees. The prisoner-appellant will be eligible for a payment plan,

Dec 2010
15
December 15, 2010

COA Opinion: The Public Service Commission properly determined Consumer's Energy's application to raise rates

In March 2007, Consumer's Energy applied to the Public Service Commission (PSC) to raise its rates. The PSC approved the application, including approval of raises to cover actual forestry expenses, fluctuations in retail open access sales, and several funds. The PSC also permitted Consumer's Energy to pay for several consultants during the application process. In the consolidated cases of In re Application of Consumer's Energy Company for Rate Increase,

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