FORT HOOD, J. Defendants, the entities and individuals charged with the administration, collection, and distribution of the state employees' retirement system, appeal as of right the Court of Claims' decision holding that MCL 38.35, the statute requiring a three percent employee compensation contribution to finance the Public Employee Retirement Health Care Funding Act, 2010 PA 77, MCL 38.2731 to 38.2747, is unconstitutional. We affirm. I. BASIC FACTS AND PROCEDURAL HISTORY Plaintiffs 1...
PER CURIAM. In this mortgage deficiency action, defendants 1 Cherryland Mall Limited Partnership and David Schostak (Schostak) appeal as of right the trial court's judgment awarding plaintiff, Wells Fargo Bank, N.A., $2,142,697.86 on the mortgage deficiency claim and $260,000 in stipulated attorney fees and costs, plus interest. We affirm. I. BASIC FACTS AND PROCEDURAL HISTORY At the heart of this case lies a commercial mortgage-backed securities (CMBS) loan. CMBS loans have a unique...
PER CURIAM. Defendant-appellant City of Flint Department of Sanitation 1 appeals as of right the trial court's order denying its motion for summary disposition under MCR 2.116(C)(7) and (10). We affirm. I. FACTS This case arose out of a collision between a school bus and a garbage truck that injured Alexus Strozier, 2 a passenger on the school bus. On April 2, 2007, city of Flint sanitation department employee Mathew Dingel and his partner, Aaron Slagg, were collecting garbage on Fleming...
PER CURIAM. Plaintiffs appeal as of right from the trial court's order denying plaintiffs' motion for summary disposition and granting defendant's 1 motion for summary disposition. We reverse and remand for further proceedings. The facts of this case are not in dispute. On September 6, 2000, Sheryll D. Catton and Gregory J. Catton (the Cattons) purchased property in Wayne County with a mortgage granted to ABN AMRO Mortgage Group, Inc. On May 4, 2001, the Cattons refinanced their loan,...
MARKEY, J. Plaintiffs appeal by right from an order granting defendants summary disposition and dismissing plaintiffs' case for lack of standing. 1 Plaintiffs challenged a contract bidding process run by the Department of Corrections (DOC) and the Department of Technology, Management and Budget (DTMB; collectively, the state). We affirm. The DTMB issued a request for proposal (RFP) on behalf of the DOC, soliciting proposals for the installation and maintenance of inmate telephone systems (...
PER CURIAM. Hills and Dales General Hospital brought this action against the Huron Medical Center and two physicians, claiming that all three violated a covenant not to compete. Not surprisingly, Hills and Dales elected to file suit in Tuscola County, its home turf. The Huron Medical Center maintains its principal place of business in nearby Huron County and strenuously objected to the Tuscola County venue. The circuit court found that Huron Medical's partial ownership of two Tuscola...
GLEICHER, P.J. In this no-fault insurance action, a jury found defendant Auto Club Insurance Association (ACIA) liable to plaintiff William Hardrick for family-provided attendant-care services at a rate of $28 an hour. The jury reached this judgment after a trial at which ACIA was barred from presenting any evidence. 1 We vacate that judgment and remand for a new trial as the lower court abused its discretion by imposing an unjust and disproportionate sanction against ACIA. The parties...
MURRAY, J. Plaintiff appeals by leave granted the trial court's March 8, 2011, order granting defendant's motion to suppress his statement to police. We reverse and remand for further proceedings. I. BACKGROUND Defendant was charged with first-degree felony murder, MCL 750.316(1)(b), armed robbery, MCL 750.529, and possession of a firearm during the commission of a felony, MCL 750.227b, arising from the shooting death of Benjamin Willard. The prosecutor's theory was that defendant attempted...
PER CURIAM. Defendants in this appeal argue that plaintiff may not garnish their individual retirement accounts (IRAs) in Michigan. We agree and reverse the order of the circuit court. The facts in this case are undisputed. Defendants reside in Florida and have not maintained a home in Michigan for many years. On February 19, 2010, plaintiff obtained a judgment against defendants in the Kent Circuit Court for $42,622.13. Plaintiff then filed a request for garnishment with the circuit court,...
PER CURIAM. While serving a 330-day jail sentence for domestic violence, defendant decided to trade marijuana for a candy bar. Unfortunately for defendant, the other inmate involved in the trade acted as an informant for jail officials. As a result, defendant was charged with and convicted of being a prisoner in possession of a controlled substance, MCL 801.263(2), and delivery of marijuana, MCL 333.7401(1) and (2)(d)( iii ). Defendant was sentenced as a fourth-offense habitual offender, MCL...
O'CONNELL, J. Following a jury trial, defendant appeals by right his convictions of second-offense domestic violence, MCL 750.81(3); first-degree home invasion, MCL 750.110a(2); and obstruction of justice, MCL 750.505. We affirm. I. FACTS AND PROCEDURAL HISTORY On November 28, 2009, Candace Worthington appeared at the Waterford police station, visibly shaken and upset. She reported that defendant, with whom she had a relationship, had broken her door and had sent her threatening text...
PER CURIAM. Defendant Farmers Insurance Exchange (defendant) appeals by right, challenging the circuit court's denial of its motion for partial summary disposition on the issue of underinsured-motorist coverage. 1 We affirm. Defendant insures a vehicle owned by Orlander Meadows, Jr., which was involved in an accident while plaintiff was a passenger. Plaintiff suffered injuries and sought underinsured-motorist benefits from defendant. The underinsured-motorist provision of the insurance...
FITZGERALD, J. In Docket No. 298088, plaintiff, Thomas Petipren, alleged that defendant Rodney Jaskowski, the police chief for the village of Port Sanilac, assaulted him without provocation and wrongfully arrested him for resisting and obstructing and disorderly conduct. In Docket No. 301125, Petipren filed a counterclaim in a separate lawsuit brought by Jaskowski, alleging that Jaskowski negligently and intentionally inflicted emotional distress upon Petipren and acted negligently....
PER CURIAM. Following a jury trial, defendant was convicted of one count of criminal sexual conduct in the first degree (CSC-I), MCL 750.520b(1)(a) (victim under 13 years old). The trial court sentenced defendant to life in prison. Defendant appeals by leave granted. 1 We affirm. I. FACTS AND PROCEEDINGS The complainant in this matter, MO, was born on September 23, 2002. MO's mother was in a dating relationship with defendant and moved in with him in May 2007, bringing MO with her....
MURPHY, C.J. Defendant Michigan Department of Transportation (MDOT) appeals the Court of Claims' order that denied its motion for summary disposition while granting partial summary disposition in favor of plaintiff with respect to the applicability of the highway exception to governmental immunity. This case arose out of a motor vehicle accident in which plaintiff drove her car into a large construction hole located in the roadbed of a highway exit lane, allegedly as a result of confusing and...
PER CURIAM. Plaintiff Alison Moon contacted Grand Rapids Fertility & IVF, P.C. (GRFI) and Michigan Reproductive & IVF Center, P.C. (MRIC) and specifically asked if the clinics would provide in vitro fertilization (IVF) 1 services to a single woman. Both facilities responded that they did not provide IVF services to single women. Moon filed suit against both, alleging a single count of discrimination based on marital status under the Civil Rights Act (CRA), MCL 37.2101 et seq. The circuit...
MARKEY, J. Following a jury trial, defendant was convicted of two counts of first-degree criminal sexual conduct (CSC-I), MCL 750.520b(a)(1), for which she was sentenced to concurrent prison terms of 25 to 38 years. She appeals by right. We affirm. Defendant, a former elementary school teacher, was convicted of engaging in sexual intercourse with a 12-year-old former student from her sixth grade class. The victim had academic and behavioral problems and was suspended from school for fighting...
PER CURIAM. Plaintiff appeals as of right the trial court's order of dismissal based on the conclusion that plaintiff did not have standing to bring the action. We affirm. This action was brought to quiet title to plaintiff's primary residence. In December 2009 plaintiff filed for Chapter 7 bankruptcy. Before that, defendants had initiated foreclosure proceedings against plaintiff regarding the residence. Defendants filed the requisite motions to proceed with the foreclosure outside the...
SHAPIRO, J. Respondents-appellants employ members of the charging party-appellee labor unions. Pursuant to their respective collective-bargaining agreements (CBAs), respondents provide pension benefits to their employees. The CBAs provide the employees with various pension plan options, including one in which payments terminate at the death of the employee (straight-life pension) and another in which pension benefits continue until the death of both the employee and his or her spouse (joint...
GLEICHER, J. The individual parties to this appeal are present and former shareholders in a law firm, defendant Stark Reagan, P.C. Plaintiffs Patrick C. Hall and Ava Ortner filed a complaint against Stark Reagan and the individual defendants, asserting that age discrimination motivated defendants' decision to terminate Hall's and Ortner's shareholder status. The circuit court granted defendants summary disposition pursuant to MCR 2.116(C)(7) and ordered the case to proceed to arbitration. We...
