As previously reported, on Friday December 27, the Michigan Supreme Court rejected the Governor’s request to expedite her appeal from the Court of Claims decision to enjoin the enforcement of the emergency rules which prohibited the sale of flavored vaping products.
The Lansing-based law firm of Fraser Trebilcock represented A Clean Cigarette, one of the successful Plaintiffs in that action. When asked about the Supreme Court’s decision, the law firm’s president Michael H. Perry said: “The Court’s decision, although admittedly issued without an opinion, favorably reflects upon and illustrates the deliberate and evidence-based rule of law. During the Court of Claims hearing, our litigation team proved the lack of any factual basis for the State’s claimed emergency. It is reasonable to conclude that the Supreme Court’s ruling is based upon, in whole or in significant part, upon that lack of evidence.”