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A Better Partnership
May 28, 2013

MSC determines that Headlee plaintiffs are entitled to some amount of attorney fees in Adair v. Michigan

The Michigan Supreme Court has reversed the portion of the Court of Appeals' judgment which had denied all attorney fees in Adair v. Michigan. Our post discussing the COA opinion is here. Specifically, the Court reversed the Court of Appeals' denial of attorney fees for the second phase of the plaintiffs' Headlee Amendment litigation. The Court noted that the plaintiffs have established to the special master's satisfaction that their attorneys performed reasonable and necessary work relating to the recordkeeping claim for which they are entitled to attorney fees. The Court therefore remanded the case to the Court of Appeals to articulate on the record specific factual findings regarding the amount of attorney fees that are properly compensable for the litigation's second phase and enter an award consistent with those findings, bearing in mind that plaintiffs bear the burden of proof to establish the attorney time devoted to the record keeping claim and the reasonableness of the requested fees. The Court denied leave to appeal all other issues.

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