On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that “absolute immunity” for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department. This is a remarkable [...]
Category: Michigan Supreme Court Opinions
Michigan Supreme Court Issues 3-2 Decision on Meaning of “Absolute Immunity” for Executive Level Government Officials Under MCL 691.1407(5)
On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that "absolute immunity" for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department. This is a remarkable [...]
Michigan Supreme Court Rules Second Injury Fund Required Only to Reimburse Dual-Employer “Coordinated” Amount of Workers’ Compensation Benefits Payable to Injured Employee
In a 4-2 decision (Viviano, J., not participating), the Supreme Court overruled the decision of the Court of Appeals in Rahman v. Detroit Bd. of Education, 245 Mich. App. 103 (2001), and held that the state Second Injury Fund is not required to reimburse employers for the total amount of workers' compensation benefits payable to injured [...]
Michigan Supreme Court Approves County’s Change In Retirement Pension Calculations and Dismisses Unfair Labor Practice Claim Filed by Union
In a 4-2 opinion (Viviano, J., not participating), the Michigan Supreme Court reversed a Court of Appeals decision affirming the conclusion of the Michigan Employment Relations Commission (MERC) that union members could bring an unfair labor practices claim against Macomb County because it did not bargain over a change in actuarial calculations for pensioners. The [...]
Michigan Supreme Court Rules “Base Price” of Van Not Included as “Allowable Expense” Under Personal Insurance Protection Benefits of the No-Fault Automobile Insurance Act
In a 4-1 opinion (JJ. Viviano and McCormack not participating), the Michigan Supreme Court ruled the "base price" of a van was not an allowable PIP expense under the No-Fault Act. MCL 500.3107(1)(a) permits an injured person to recover personal injury protection (PIP) benefits from an insurer for “[a]llowable expenses consisting of all reasonable charges incurred for [...]