Court Of Appeals Affirms Fraud Ruling In Used Car Sale Over Hidden Odometer Discrepancy; Vacates Attorney Fee Award
The Court of Appeals affirmed the trial court’s findings of liability, fraudulent intent, and treble damages with regard to claims based on failure to disclose accurate mileage, but vacated its attorney fee award and remanded for reconsideration under the proper legal framework as articulated in Pirgu v United Serv Auto Ass’n, 499 Mich 269 (2016).
Attorney Fee Award Nixed Because DHHS Claim Takes Precedence
A probate court’s order awarding an attorney his fees from a decedent’s estate must be reversed because the Department of Health and Human Services’ claim for fees under the Michigan Medicaid Estate Recovery Program has higher priority.
Charging Lien For Legal Fees Not Enforced In Divorce Case
The trial court in this high-asset divorce action properly declined to enforce the charging liens that had been filed by the plaintiff’s attorneys.
Court of Appeals Holds Framework for Calculating Reasonable Attorney Fees Applies to MCR 1.109 Sanctions
The Court of Appeals finds the framework for calculating reasonable attorney fees under the Supreme Court’s holdings in Smith/Pirgu applies to sanctions under MCR 1.109
Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees
The trial court in this criminal case failed to provide an “adequate explanation” for reducing the attorney fees for appointed counsel.
Reasonable Attorney Fees Shall be Awarded Pursuant to MCL 15.240(6)
Reasonable attorney fees shall be awarded where a party substantially prevails in obtaining everything that was initially sought in a FOIA action, and pro bono representation is not a factor.