Are Michigan’s Enhanced Price Gouging Provisions Undone? As much of the country remains under various and often overlapping states of emergency, one Governor’s powers have been limited by a state supreme court. On October...more
A recent ruling by the Michigan Supreme Court nullifying hundreds of emergency orders by Michigan Governor Gretchen Whitmer may have profound implications for those mortgage loans closed in reliance on the expanded remote...more
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more
Michigan Department of Health and Human Services Issues Emergency Order - On Friday, October 2, 2020, the Michigan Supreme Court issued an opinion invalidating the majority of Governor Whitmer’s executive orders issued after...more
Seyfarth Synopsis: The Michigan Supreme Court recently ruled that Michigan Governor Whitmer lacked the authority to declare a “state of emergency” or a “state of disaster” beyond April 30, 2020, and that the authority...more
On Friday, October 2, 2020, the Michigan Supreme Court, in a 4-3 opinion, invalidated Michigan Governor Gretchen Whitmer’s COVID-19 executive orders, finding the Governor did not have the authority to issue executive orders...more
The Supreme Court’s decision does not mean that businesses and individuals in Michigan may return to pre-COVID-19 behavior or ignore Executive Order standards which have an independent legal basis. Employers, businesses, and...more
Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the...more
On October 2, 2020, the Michigan Supreme Court issued a landmark opinion (the “Opinion”) limiting Governor Gretchen Whitmer’s authority to issue and renew executive orders relating to the COVID-19 pandemic. The Court...more
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more