Michigan Supreme Court Issues Emergency Procedures and Guidance and Instructions to State Courts Regarding COVID-19 Response – March 15, 2020

The Michigan Supreme Court issued guidance and directives yesterday (Sunday) March 15, 2020 providing wide latitude to state courts regarding scheduling, court activity, access and limitations on holding public hearings. The Court's order also included some directives requiring electronic pleadings and video conferencing in certain circumstances. The Court makes sure to subject its guidance to [...]

Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity

Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases [...]

Former Employee’s Alleged Criminal Activities Relevant to Determine “Wage Earning Capacity” for Purposes of Assessing Entitlement to Workers Compensation Benefits

In a case I brought to the Michigan Supreme Court, which remanded in Omian v Chrysler, 495 Mich. 859 (2013), to the Court of Appeals for consideration of my appeal, the Michigan Court of Appeals has now reversed the decision I originally appealed.  In Omian v. Chrysler.COA.Published, the Court of Appeals agreed that evidence of [...]