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A Better Partnership

July 2015

Jul 2015
17
July 17, 2015

COA requires clear and convincing evidence of arbitrary and capricious decision-making to overturn adoption decisions of the Michigan Children's Institute

In In re ASF, Minor, No. 324821, the Michigan Court of Appeals considered what evidence is sufficient to successfully challenge the determination of the superintendent of the Michigan Children’s Institute withholding consent for adoption.  Because the Court determined that the trial court did not clearly err when it found that petitioners failed to present clear and convincing evidence demonstrating that the superintendent’s decision was arbitrary and capricious, the Court affirmed the decision of the circuit court upholding the superintendent’s decision denying consent for the adoption.

Jul 2015
16
July 16, 2015

COA holds that utility companies may install “smart meters” on customer property and enter onto property without owner permission

The Michigan Court of Appeals in Detroit Edison Company  v. Stenman, No. 321203, held that Michigan utility provider, Detroit Edison Company (“DTE”), may install “smart meters” on customer property, and the installation of the meters did not violate the property owners’ health and privacy rights under the Fourth Amendment. It further held that DTE may enter onto real property to service its equipment without landowner permission.

Jul 2015
16
July 16, 2015

COA determines that an assignee of a cause of action becomes the real party in interest with respect to that cause of action

In the consolidated cases of Cannon Township v. Rockford Public Schools, Nos. 320683 and 320940, the Court of Appeals held that an agreement assigning a cause of action to another party creates a real party in interest. Therefore, the court affirmed the trial court’s denial of Rockford Public Schools’ (RPS) motion for summary disposition against Cannon Township.

Jul 2015
16
July 16, 2015

COA: Tort claimant suing transit authority cannot satisfy statutory requirement of timely written notice of claims by filing application for no-fault benefits

In Clay v. Doe, No. 321008, the Court of Appeals held that a tort claimant bringing suit against a transportation authority must provide the authority with written notice of the claim no later than 60 days from the injury occurrence pursuant to Michigan’s Metropolitan Transportation Authorities Act of 1967, MCL 124.419.  Additionally, the Court of Appeals reaffirmed that an application for no-fault benefits from a transit authority’s insurance administrator does not comply with the 60-day notice requirement.  

Jul 2015
16
July 16, 2015

COA: Tort claimant suing transit authority cannot satisfy statutory requirement of timely written notice of claims by filing application for no-fault benefits

In Clay v. Doe, No. 321008, the Court of Appeals held that a tort claimant bringing suit against a transportation authority must provide the authority with written notice of the claim no later than 60 days from the injury occurrence pursuant to Michigan’s Metropolitan Transportation Authorities Act of 1967, MCL 124.419.  Additionally, the Court of Appeals reaffirmed that an application for no-fault benefits from a transit authority’s insurance administrator does not comply with the 60-day notice requirement.  

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