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​Cases Inviting Briefs Amicus Curiae

The cases listed below are those in which the Court has invited the filing of briefs amicus curiae, either by naming persons or groups specifically or by referencing "interested persons or groups" generally, but which have not yet been scheduled for oral argument. The Court's order granting leave to appeal or directing argument on the application can be viewed by clicking on the link in parentheses following the case title.  When available, the statement of the issues to be addressed are quoted verbatim from the Court's order, and indicate whether consideration is limited to the identified issues or whether they are among other issues to be addressed.  If the Court's order does not identify the issues to be addressed, the issues are quoted verbatim from the leave application or the appellant's brief.  The pleadings filed in the cases can be accessed from the Cases Awaiting Argument page. 


The due dates of the amicus briefs are approximate only and may change depending on when the appellee briefs are filed.  Amici curiae are required to file their briefs within the deadline specified in MCR 7.306(D)(1) or as otherwise directed by the Court. Motions to extend time should be filed in advance of the filing deadlines whenever possible and will be granted only upon a showing of good cause. MCR 7.316(B).  A motion to submit a late amicus brief that is filed within two weeks of the scheduled oral arguments in the case will not be decided until after the argument date.  Unless there is a strong showing of good cause, the motion will likely be denied and the amicus brief rejected.​​

  


153829, David J. McQueer v Perfect Fence Co (MOAA​)

Nature of Case: Worker’s disability compensation act, exclusive remedy, statutory employer provision, intentional tort exception

Issues to be addressed:
(1) whether the statutory employer provision of MCL 418.171 is applicable to the plaintiff’s claims; and (2) if so, whether the plaintiff has established a genuine issue of material fact sufficient to avoid summary disposition; and (3) whether the Court of Appeals erred by reversing the Grand Traverse Circuit Court’s order denying, on the basis of futility, the plaintiff’s motion to amend his complaint to add an intentional tort claim.

Invited Amici:
  • Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: March 23, 2018​


153980-1, In re Estate of James Erwin, Sr (Leave Granted)

Nature of Case: Probate, marital estate, "willfully absent" surviving spouse, intent

Issues to be addressed:
(1) whether the “willfully absent” provision in MCL 700.2801(2)(e)(i) is defined exclusively by physical separation, or whether it includes consideration of the emotional bonds and connections between spouses, compare In re Estate of Erwin, unpublished opinion per curiam of the Court of Appeals, issued May 10, 2016 (Docket Nos. 323387, 329264), at 5, with In re Peterson Estate, 315 Mich App 423, 432 (2016); and (2) whether MCL 700.2801(2)(e)(i) requires proof that a spouse intends to abandon his or her marital rights, compare Matter of Estate of Harris, 151 Mich App 780, 786 (1986), with In re Peterson Estate, 315 Mich App at 433.

Invited Amici:
  • Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: January 19, 2018


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154556-7, Coloma Charter Twp v Berrien County (Leave Granted)


Nature of Case:  County Commissioners Act, township zoning 


Issues to be addressed:

(1) whether the gun range currently used by the Berrien County Sheriff’s Department is given priority under the County Commissioners Act, MCL 46.1 et seq., specifically MCL 46.11(b) and (d), over a conflicting township zoning ordinance, see Herman v Berrien County, 481 Mich 352 (2008); if so, (2) whether the Court of Appeals erred by reversing the Berrien Circuit Court’s revision of the existing permanent injunction based on changed circumstances; and (3) whether the Court of Appeals properly vacated the trial court’s decision to deny the plaintiffs’ request for attorney fees pursuant to MCL 600.1721. 


Invited Amici: 

  • Michigan Sheriffs Association
  • Michigan Municipal League
  • Michigan Townships Association
  • Michigan Association of Counties
  • International City/County Mgt Association
  • Interested persons or groups may move for permission to file amicus briefs


Approximate due date of amicus curiae briefs: January 12, 2018




   
155196, Michigan Gun Owners, Inc v Ann Arbor Public Schools (MOAA)

Nature of Case: Possession of firearms in schools, preemption

Issues to be addressed: 
(1) whether, in light of MCL 123.1102, it is necessary to consider the factors set forth in People v Llewellyn, 401 Mich 314 (1977), in order to determine whether the school district’s policies are preempted; (2) if so, whether the Court of Appeals properly analyzed the Llewellyn factors; and (3) whether the Court of Appeals correctly held that the school district’s policies are not preempted. 

Invited Amici: 

  • Michigan Association of School Boards
  • Interested persons or groups may move for permission to file amicus briefs

 

Approximate due date of amicus curiae briefs:​ March 7, 2018


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155204, Michigan Open Carry, Inc v Clio Area School District (MOAA​)

Nature of Case: Possession of firearms in schools, preemption

Issues to be addressed: 
(1) whether, in light of MCL 123.1102, it is necessary to consider the factors set forth in People v Llewellyn, 401 Mich 314 (1977), in order to determine whether the school district’s policies are preempted; (2) if so, whether the Court of Appeals properly analyzed the Llewellyn factors; and (3) whether the Court of Appeals correctly held that the school district’s policies are not preempted. 

Invited Amici: 

  • Michigan Association of School Boards
  • Interested persons or groups may move for permission to file amicus briefs

 

Approximate due date of amicus curiae briefs:​ March 7, 2018



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155266, Kenneth Bertin v Douglas Mann (MOAA)


Nature of Case: Recreational activity, operation of golf cart, standard of care


Issue to be addressed: 

[W]hether the reckless misconduct standard of care or the ordinary negligence standard of care applies to an injury resulting from the operation of a golf cart while playing golf recreationally. Ritchie-Gamester v City of Berkley, 461 Mich 73, 87- 89 (1999). 


Invited Amici: 

  • Golf Association of Michigan
  • Negligence Law Section of the State Bar of Michigan
  • Interested persons or groups may move for permission to file amicus briefs

 

Approximate due date of amicus curiae briefs:​ December 82017



155380, Kerri Otto, Next Friend of Bailey Noble, Minor v Inn at Watervale, Inc  (Leave Granted)


Nature of Case: Recreational Land Use Act


Issue to be addressed:

[W]hether the activities engaged in by the plaintiff’s Next Friend and her three companions constituted “other outdoor recreational use” of the defendant’s land under the Recreational Land Use Act, MCL 324.73301(1)


Invited Amici: 

  • Heart of the Lakes Center for Land Conservation Policy
  • Real Property Law Section of the State Bar of Michigan
  • Environmental Law Section of the State Bar of Michigan
  • ​Interested persons or groups may move for permission to file amicus briefs

 

Approximate due date of amicus curiae briefs:​ January 12, 2018



 
155498, North American Brokers, LLC v Howell Public Schools (MOAA)

Nature of Case: Promissory estoppel, statute of frauds exception 

Issue to be addressed: 
[W]hether promissory estoppel is an exception to the statute of frauds. MCL 566.132.

Invited Amici: 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: ​​March 21, 2018


 
155811, Song Yu v Farm Bureau General Ins Co of MI (Leave Granted)​

Nature of Case: Insurance, equitable estoppel

Issues to be addressed:
(1) whether the plain language of the insurance policy precluded coverage; (2) if so, whether and under what circumstances the doctrine of equitable estoppel may be applied to require an insurer to expand coverage that is contrary to the express terms of an insurance contract; (3) whether an equitable estoppel claim requires that (a) a party against whom the doctrine of equitable estoppel is to be applied has full knowledge of the facts and circumstances involved, and (b) justifiable reliance on the part of the party seeking to invoke it is shown; and (4) whether the defendant-insurer should be equitably estopped from denying coverage in this case.

Invited Amici:
  • Director of the Dep't of Insurance and Financial Services
  • Insurance & Indemnity Law Section of the State Bar of Michigan​
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: April 11, 2018


 
155994, In re Williams, Minor (Leave Granted)

Nature of Case: Termination of parental rights, MI Indian Family Preservation Act

Issue to be addressed:
​[W]hether the respondent-father was entitled, under the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., to withdraw his consent to the termination of his parental rights for the purpose of adoption at any time before entry of a final order of adoption. MCL 712B.13(3).

Invited Amici: 

  • Sault Ste. Marie Tribe of Chippewa Indians
  • Inter-Tribal Council of Michigan, Inc.
  • United Tribes of Michigan
  • National Indian Child Welfare Association
  • Indigenous Law & Policy Center of the Michigan State University College of Law
  • Children’s Law, Family Law, and American Indian Law Sections of the State Bar of Michigan​
  • ​Interested persons or groups may move for permission to file amicus briefs

 

Approximate due date of amicus curiae briefs:​ January 17, 2018



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156057-8, Denishio Johnson v Curt VanderKooi​​​ (MOAA)

Nature of Case: Constitutional rights, custom or policy of city

Issue to be addressed:
[W]hether any alleged violation of the plaintiffs’ constitutional rights were the result of a policy or custom instituted or executed by the defendant City of Grand Rapids. See Monell v Dep’t of Human Services, 436 US 658 (1978). 

Invited Amici:
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: March 23, 2018

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