The Michigan Supreme Court will hear oral arguments in its courtroom on the sixth floor of the Michigan Hall of Justice again today, starting at 9:30 a.m. The Court heard several cases on Wednesday. The Court’s oral arguments are open to the public; the Court also live streams its hearings at www.courts.mi.gov/Courts/MichiganSupremeCourt/oral-arguments/live-streaming/Pages/live-streaming.aspx. Summaries of the cases the Supreme Court will hear are posted on the “One Court of Justice” website; see www.courts.mi.gov/Courts/MichiganSupremeCourt/oral-arguments/Pages/default.aspx for the oral argument schedule and links to case summaries.
Note: These brief accounts may not reflect the way that some or all of the Court’s seven justices view the cases. The attorneys may also disagree about the facts, issues, procedural history, and significance of these cases. For further details about the cases, please contact the attorneys.
Wednesday, January 15
Morning Session Only
INTERNATIONAL BUSINESS MACHINES CORPORATION v DEPARTMENT OF TREASURY (case no. 146440) Court of Appeals case no. 306618
Attorney for plaintiff International Business Machines Corporation: Clifford W. Taylor
Attorney for defendant Department of Treasury: Michael R. Bell
Attorney for amicus curiae Council on State Taxation: Lynn A. Gandhi
Attorney for amicus curiae Lorillard Tobacco Company: Lynn A. Gandhi
Attorney for amicus curiae Interstate Commission for Juveniles and the Association of Compact Administrators of the Interstate Compact on the Placement of Children: Richard L. Masters
Attorneys for amicus curiae Multistate Tax Commission: Shirley K. Sicilian, Sheldon H. Laskin
Attorney for amicus curiae Jeffrey B. Litwak: Jeffrey B. Litwak
Tribunal: Court of Claims
Issue: IBM seeks a tax refund of about $6 million – but the Michigan Department of Treasury, relying on a formula in Michigan’s Business Tax Act, contends that IBM is entitled to far less. At issue is whether IBM was entitled to elect a formula set forth in the Multistate Tax Compact.
PEOPLE v DOUGLAS (case no. 145646) Court of Appeals case no. 301546 Prosecuting attorney: Jonathan L. Poer
Attorney for defendant Jeffery Alan Douglas: Valerie R. Newman
Attorney for amicus curiae Attorney General Bill Schuette: B. Eric Restuccia
Attorney for amicus curiae Criminal Defense Attorneys of Michigan: Valerie R. Newman
Trial Court: Lenawee County Circuit Court
Issue: A young child told her mother that she had been sexually abused by her father — about a year after the alleged abuse took place. One of the issues in this case is whether the child’s delay in reporting the abuse is “excusable” and hence admissible under evidence rules.
PORTER v HILL (case no. 147333)
Court of Appeals case no. 306562
Attorney for plaintiffs Robert Porter and Judith Porter: Philip L. Ellison
Attorney for defendant Christina Marie Hill, f/k/a Christina Marie Porter: Susan J. Tarrant
Trial Court: Saginaw County Circuit Court
Issue: The plaintiffs seek a court order allowing them grandparenting time with the children of their dead son — whose parental rights were terminated before his death.
PEOPLE v WHITE (case no. 146872)
Court of Appeals case no. 308275
Prosecuting attorney: Madonna Georges Blanchard
Attorney for defendant Thomas Clifford White: James Sterling Lawrence
Trial Court: Wayne County Circuit Court
Issue: Did the defendant waive the 180-day (speedy trial) rule by his unconditional plea to criminal charges?
Thursday, January 16
Morning Session Only
STATE OF MICHIGAN ex rel. MARCIA GURGANUS v CVS CAREMARK CORPORATION, et al. (case nos. 146791-3)
Court of Appeals case nos. 299997-9
Attorney for plaintiffs State of Michigan ex rel. Marcia Gurganus, City of Lansing, Dickinson Press, Inc., and Scott Murphy: Bryan R. Walters
Attorneys for defendants CVS Caremark Corporation, et al.: Matthew L. Vicari, Brian J. Murray
Attorney for amicus curiae Attorney General Bill Schuette: Susan I. Hellerman
Attorney for amicus curiae Michigan Association of Health Plans: Lori L. Mosby
Attorney for amicus curiae National Association of Chain Drug Stores, et al.: Rebecca D’Arcy O’Reilly
Attorney for amicus curiae Small Business Association of Michigan: Rebecca D’Arcy O’Reilly
Attorney for amicus curiae Michigan Pharmacists Association: Morley Witus
Attorney for amicus curiae Michigan Chamber Litigation Center: Matthew T. Nelson
Trial Court: Kent County Circuit Court
Issue: The plaintiffs in these cases seek to sue various pharmacies for allegedly charging prices for generic drugs to make a larger profit than was previously made from the sale of equivalent brand-name drugs.
PEOPLE v SHAVER (case no. 146521)
Court of Appeals case no. 300959
Prosecuting attorney: Gary A. Moore
Attorney for defendant Jason Lee Shaver: Mary A. Owens
Trial Court: Kent County Circuit Court
Issue: The defendant, who was convicted of sexually abusing two children, contends that the trial court erred by not allowing him to present evidence that the children’s father had been convicted of child abuse before the children accused the defendant.
YONO v DEPARTMENT OF TRANSPORTATION (case no. 146603)
Court of Appeals case no. 308968
Attorney for plaintiff Helen Yono: L. Page Graves
Attorney for defendant Department of Transportation: Justin Gray
Attorney for amicus curiae County of Macomb Department of Roads, the Road Commission for Oakland County, and Wayne County: Carson J. Tucker
Attorney for amicus curiae Michigan County Road Commission Self-Insurance Pool: William L. Henn
Tribunal: Court of Claims
Issue: A woman fell and was injured while crossing to her car, which was parked on M-22 in Suttons Bay. Are the parking lanes part of the “improved portion of the highway designed for vehicular travel”? Does governmental immunity bar the woman’s claim against the Michigan Department of Transportation?
