In a stunning move, the Michigan Supreme Court issued a decision on Friday, October 2, 2020 regarding In re Certified Questions From The United States District Court (Midwest Institute of Health, PLC v Governor), __ Mich __; __ NW2d __ (2020)(Docket No. 161492)...
Civil Litigation
Michigan Court Of Appeals Upholds Governor’s Executive Order Authority Under The EPGA
Governor Gretchen Whitmer’s controversial executive orders have triggered a court battle with the Michigan Legislature. Beginning March 10, 2020, the governor declared a state of emergency due to the onset of the COVID-19 pandemic based on her authority under...
Michigan Supreme Court Rules Wrongful Imprisonment Compensation Act Does Not Allow Recovery For Pretrial Detention
On July 23, 2020, the Michigan Supreme Court issued its opinion in Sanford v Michigan, __ Mich __ ; __ NW2d __ (2020)(Docket No. 159636) and ruled that the Wrongful Imprisonment Compensation Act does not permit an exonerated prisoner to recover for the period...
What Is The Process For A Judicial Foreclosure In Michigan?
The foreclosure process can be a scary time for homeowners because it is hard to know what to expect. There are two types of foreclosures: judicial foreclosure (processed and supervised by the court) and foreclosure by advertisement (no court involvement). ...
U.S. Supreme Court: Can President Trump’s Federal Tax Returns Be Subpoenaed?
On July 9, 2020, the U.S. Supreme Court released a pair of opinions regarding the ongoing controversy of President Trump’s tax returns. In Trump et al v. Mazars USA LLP et al, __ U.S. __ (2020)(No. 19-715), the U.S. House of Representatives issued subpoenas to...
Michigan Court Of Appeals Upholds Preliminary Injunction Against Emergency Rules Banning Flavored Vaping Products
On May 21st, 2020, a three-judge panel of the Michigan Court of Appeals upheld a preliminary injunction against Governor Whitmer’s public emergency rules that ban the sale of flavored vaping products in the state. Originally passed in September 2019, the...
What Is The Liability Of Home Inspectors In Michigan?
In a typical real estate sale agreement where a buyer makes an offer to purchase a home from a seller, the buyer is often afforded the customary right of inspection. A buyer will often retain a home inspector that will assist in making an informed decision...
Michigan Court Of Claims Denies Preliminary Injunction Against Governor’s Executive Orders During COVID-19 Emergency
Governor Gretchen Whitmer’s controversial executive orders issued during the COVID-19 state of emergency have survived an initial request for a preliminary injunction in the Michigan Court of Claims. The substantive elements being challenge were the...
Breach Of Contract Due To COVID-19 In Michigan: What Defenses Are Available?
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
Michigan Supreme Court Extends Statute Of Limitations And Deadlines Expiring During COVID-19 Emergency
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
