Five Stories That Matter in Michigan This Week – April 19, 2024

  1. Michigan Schools Face Budget Shortfalls, Many May Have to Cut Staff

A new report by the Citizens Research Council of Michigan suggests that Michigan schools may have to cut more than 5,000 teacher jobs over the next several years to balance budgets as pandemic-related funding comes to an end.

Why it Matters: While staffing at many schools has grown due to pandemic relief funding, student enrollment has dwindled. This report comes on the heels of another report – this one from the Michigan Center for Data and Analytics – projecting the state population could decline by nearly 700,000 residents by 2050.

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  1. Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Andrew J. Moore was successful in obtaining summary disposition on behalf of the firm’s client. Plaintiff and their spouse applied for credit life insurance from the firm’s client, a prominent independent insurance company, in conjunction with an RV they purchased.

Why it Matters: The spouse misrepresented their medical history and was in fact diagnosed with and treating for a disqualifying medical condition. The spouse died of heart attack two months after purchase. The firm’s client rescinded the credit certificate, then was sued. Plaintiff claimed RV salesman misrepresented application, eligibility, insurability, and coverage limits, while simultaneously claiming RV salesman was an “agent” of the firm’s client such that they should be held liable for their misrepresentation. After discovery and at summary disposition, the Judge ruled in favor of the firm’s client and dismissed all counts. Learn more.

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  1. Michigan CRA Publishes March ’24 Data: Average Price Decreases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sales of an ounce of cannabis in March was $90.70, a decrease from $91.94 in February. This is an increase from March 2023, where the average price was $86.87.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. April Business Education Series

In the dynamic landscape of business, where adaptability is key, the importance of having robust Standard Operating Procedures (SOPs) cannot be overstated. SOPs serve as the backbone of organizational efficiency, ensuring consistency, compliance, and continuous improvement.

Why it Matters: The April Business Education Series, “Optimizing Operations: The Crucial Role of Standard Operating Procedures (SOPs),” led by Brittany Parks, founder and principal Consultant, Brittany Parks Process Consulting, is designed to equip participants with the knowledge, skills, and tools to harness the transformative power of SOPs in their respective organizations. Learn more and to register.

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  1. Ten Reasons Why You May Want to Consider a Family Cottage Succession Plan

The goal of cottage succession planning is to set up legal ground rules that provide the best chance to keep a cottage in the family for future generations.

Why it Matters: A cottage plan usually addresses concerns through the creative use of a limited liability company (LLC), or a trust (typically used for more favorable treatment associated with the uncapping of taxable value), to own the property. Learn more from cottage law attorney Mark Kellogg.

Related Practice Groups and Professionals

Insurance Law | Andrew Moore
Cannabis Law | Sean Gallagher
Cottage Law | Mark Kellogg

FOIA Exemption Denied When Requesting Party is not Party to Civil Litigation

If a public body in Michigan is a plaintiff or defendant in litigation, can the public body deny a Freedom of Information Act request by the legal counsel to another party to the litigation based on a FOIA exemption for requests pertaining “to a civil action in which the requesting party and the public body are parties”? According to the Michigan Court of Appeals in an unpublished opinion in the case of Jones Day v Dep’t of Environment, Great Lakes, and Energy, and at least as it relates to the facts of this case, the answer is no.

Background of the Case

The underlying litigation involves a lawsuit brought by the State of Michigan in state court against chemical companies alleging that the companies improperly released toxic synthetic chemicals called polyfluoroalkyl substances (“PFAS”), which found their way into Michigan’s water supplies.

The state lawsuit was transferred to federal court and combined with similar cases from other jurisdictions, and a case management order was entered that precluded participation in discovery.

Jones Day, a law firm representing a defendant company, proceeded to file a state FOIA request with the Department of Environment, Great Lakes, and Energy (“EGLE”) seeking documentation related to the Michigan PFAS Action Response Team.

EGLE denied the request, citing MCL 15.243(1)(v), the exemption cited above pertaining to parties to a civil litigation. Jones Day then filed a FOIA complaint in the Court of Claims, and the Court of Claims granted summary disposition in favor of EGLE. Jones Day appealed.

The Court of Appeals Decision

The Court of Appeals reversed the lower court decision. The Court of Appeals relied upon precedent from a previous case, Taylor v Lansing Bd of Water & Light, in which a friend of the plaintiff to a lawsuit against a public body made a FOIA request after the plaintiff’s own FOIA request was denied by the public body defendant on the basis of MCL 15.243(1)(v). In the Taylor case, the Court of Appeals ruled that the exemption could not be used where, as in the Jones Day case, the party making the FOIA request was not a “party.”

In the Jones Day case, the Court of Appeals, in reaching a similar result, explained that “the Legislature did not act to obviate the Taylor decision and prevent FOIA actions from being filed by best friends, counsels of record, or associates despite this Court’s recognition that a ‘distasteful’ result occurs without such a restriction of the term ‘party.’”

Accordingly, in light of this case, and the Michigan case law it relies upon, public bodies should be aware that the MCL 15.243(1)(v) exemption will likely be strictly construed. If the FOIA requester does not meet the precise legal definition of a “party” in litigation, and instead is merely a friend, agent or legal counsel to a party, then the exemption will likely be denied.


Morgan, Thaddeus.jpgThaddeus E. Morgan is a shareholder with Fraser Trebilcock and formerly served as President of the firm. Thad is the firm’s Litigation Department Chair and serves as the firm’s State Capital Group voting representative. He can be reached at tmorgan@fraserlawfirm.com or (517) 377-0877. 

New Research Likely to Lead to Increase of Concussion Related Litigation

As sports concussion awareness continues to gain national headlines, so too will concussion related litigation.

A study published by the Journal of the American Medical Association made headlines recently for its findings relating to the development of chronic traumatic encephalopathy (CTE) in former NFL players.[1] The research examined the brains of 111 deceased former NFL players and found evidence of CTE in 110.  Somewhat lost in the headlines was that researchers also examined brains of former football players at all levels, not just those who participated in the NFL. According to the study, evidence of CTE was found in three of the 14 brains of players who only played in high school and in 48 of 53 college players whose brains were studied. In total, of those examined, CTE was diagnosed in over 87% of former football players at all levels.

While this new research is certainly bound to affect on-going concussion litigation against the NFL and NCAA, expect it to also accelerate the trend of lawsuits against youth sport organizations and high schools relating to concussions and safety protocol.

Between 2009 and 2015, all 50 states and the District of Columbia passed laws to address the issue of concussions in youth sports, mostly modeled on Washington State’s groundbreaking Lystedt Law. This new CTE research may lead to the enactment of stricter concussion protocols.  However, more stringent standards could actually contribute to an increase in concussion related litigation. Recently, the Supreme Court of Washington (the first state to enact concussion safety laws) ruled that the family of a deceased high school football player could proceed with claims against the high school and coach for violations of the legislation based on an implied cause of action theory.[2]

While participation in tackle football may be down in recent years, according to a 2016 survey published by the National Federation of State High School Associations, football remains the number one high school participation sport in the United States. This fact, coupled with the recent CTE revelations is likely to lead to an uptick in the amount of concussion related litigation.


To learn more, contact an attorney at Fraser Trebilcock at 517.482.5800 or by clicking here to fill out this form on our website.

[1] “Clinicopathological Evaluation of Chronic Traumatic Encephalopathy in Players of American Football,”  Journal of the American Medical Association, Vol 318, No. 4, Pgs. 360-370 (2017).
[2] Swank v Valley Christian School, — P.3d —- (2017); 2017 WL 2876139 (Wash. July 6, 2017).

Using the Art of Persuasion in Litigation

According to attorney Shaina Reed, the fun in litigation is persuasion.

“The law is a series of black and white dots — our job is to draw lines through the gray areas between them, to connect those dots in some meaningful way,” she said.

The art of persuasion was particularly in force when Reed successfully briefed and argued Niederhouse v Roscommon County before the Michigan Court of Appeals, a brief later published by the COA in its opinion.

To find out how the case concluded, click over to the Legal News to read this full feature article by Sheila Pursglove.

 

Fraser Trebilcock Litigation Team Obtains Judgment in Excess of $1.3 Million

The Fraser Trebilcock litigation team of Thad Morgan, Mike Donnelly and Ryan Kauffman recently obtained a judgment in excess of $1.3 million in favor of the firm’s partnership clients against former general partners.

In a case lasting over two years, the Fraser Trebilcock team successfully removed the general partners, and obtained summary disposition as to liability against them.

In July, 2014, Thad Morgan tried the damages portion of the case in the Wayne County Circuit Court resulting in a judgment entered in September, 2014.

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Fraser Trebilcock Attorney Michael S. Ashton Featured by Best Lawyers

Fraser Trebilcock Attorney Michael S. AshtonFraser Trebilcock attorney Michael S. Ashton was recently selected by his peers for inclusion in The Best Lawyers in America© 2015 in the fields of Administrative Law and Litigation – Regulatory Enforcement (SEC, Telecom, Energy).

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13 Fraser Trebilcock Attorneys Selected for 2014 List of Super Lawyers, 2 Named “Rising Stars”

Thirteen Fraser Trebilcock attorneys have been selected for inclusion on the 2014 list of Super Lawyers, with two additional attorneys named “2014 Rising Stars in Michigan”. In addition, the firm is proud to announce that attorney Marlaine C. Teahan has been included as one of the ‘Top 50 Female Attorneys in Michigan’, one of the ‘Top 50 Consumer Law Attorneys in Michigan’, and as one of the ‘Top 25 Female Consumer Law Attorneys in Michigan’. Here is the complete list of Fraser Trebilcock attorneys selected:

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Fraser Trebilcock Successfully Represents Fortune 100 Company

Fraser Trebilcock attorney Michael Donnelly successfully represented a Fortune 100 insurance company in a matter arising out of a premium dispute with a trucking company. Following a trial in the Federal District Court for the Western District of Michigan, Judge Jonker awarded Mr. Donnelly’s client the full amount they asked for, resulting in a six figure judgment against the trucking company. Continue reading Fraser Trebilcock Successfully Represents Fortune 100 Company

Today’s Legal Strategies Demand Public Relations

Today’s business environment demands an aggressive strategy to resolve issues legally while protecting one’s reputation publicly. As a result, lawyers need to be more than legal counselors or advocates. They need to be familiar enough with how perception is created within the public eye and how to use the media effectively to manage that perception. Therefore, the potential impact any litigation will have on a client’s image, reputation, investor relations and future business must be considered in creating a legal strategy.

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