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A Better Partnership
May 09, 2009

MSC Order List: May 8, 2009

On Friday, May 8, 2009, the Michigan Supreme Court denied leave to appeal in six cases, but granted oral argument on the application for leave in four cases discussed below. The Court also granted reconsideration in Stone v. R.W. LaPine, Inc. to remand the workers' compensation case to the Board of Magistrates for recalculation of the plaintiff's average weekly wage.

The Court granted MOAs in the following cases:

Michigan Education Association v. Secretary of State, No. 137451: The Court ordered the parties to address whether a school district can collect the portion of teachers' union dues attributable to the Michigan Education Association's Political Action Committee ("MEA PAC") as a payroll deduction without violating the Michigan Campaign Finance Act. The Court of Appeals, in a 2-1 decision, concluded that school districts cannot lawfully collect the MEA PAC's funds even if the MEA PAC pre-paid for the service. The Court of Appeals' decision is here.

Bezeau v. Palace Sports & Entertainment, Inc., No. 137500: The Court asked the parties to address whether "the jurisdictional standard established at MCL ' 418.845, as interpreted . . . in Karaczweski v. Farbman Stein Co., 478 Mich 28 (2007), should be applied." The Court invited the Worker's Compensation Section of the Michigan Bar to submit an amicus brief.

Allen v. Bloomfield Hills School District, No. 137607: The Court ordered the parties to address whether post-traumatic stress disorder may qualify as a bodily injury that to avoid application of government immunity under MCL ' 691.1405. The Court invited the Michigan Defense Trial Counsel and the Michigan Association for Justice to submit amicus briefs.

Myers v. Muffler Man Supply Co., No. 137608: The Court ordered the parties to address whether the defendant's negligence was the proximate cause of the plaintiff's injury.

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