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To be clear, I have nothing against Republicans. On many issues, I am one. But I do have something against activist judges and justices who ignore settled law to follow an extreme political agenda.
Michigan saw that happen during the previous “Gang of Four” era. These four Engler appointees not only took control of the Court, but they caused so many lawyers and judges to lose faith in our civil justice system. As Justice Stevens observed in his dissent in the Citizens United case: “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.” Citizens United v. FEC, 130 S. Ct. 876, 954 (2010) (Stevens, J., dissenting). The way our highest Court ruled consistently against individual citizens and for the insurance industry, dismantling entire areas of consumer protection and personal injury law in its wake was and remains shocking.
As my readers and friends know, I have strongly endorsed Bridget Mary McCormack for the Michigan Supreme Court. Professor McCormack was also endorsed by the New York Times on November 1, and she represents a bright hope to preserving the integrity of the Michigan Supreme Court.
The Republican majority of our Michigan Supreme Court has sided with insurance companies — and against consumers, including seriously injured auto accident victims — 100% of the time.
Take a look:
As the video says, our current Justices Stephen Markman and Brian Zahra have sided with insurance companies over people 100 percent of the time under Michigan’s No-Fault law. And Republican candidate and former insurance industry lawyer Colleen O’Brien isn’t any better. She actually worked to deny benefits to a cancer patient.
On July 30, 2012, in Douglas v. Allstate Insurance Company, the Michigan Supreme Court issued new rules for when an auto accident victim’s family member can be compensated for providing attendant care services to the victim. This decision will have a huge impact for people who currently receive attendant care No-Fault benefits from their auto insurance company, and changes the rules in mid-stream for attendant care lawyers on how submittals must be made.
Form over substance. Technicalities over justice. Politics over precedent. Insurance company or corporation over an individual citizen.
Our four activist Republican justices on the Michigan Supreme Court have once again proved that form over substance reigns supreme in this state, especially when it means that an injured, innocent person loses to an insurance company or corporation, “form over substance” is a fitting description of the judicial philosophy for our state’s highest court.
Shouldn’t Justice Robert P. Young, Jr. be the anti-Tea Party candidate for the Michigan Supreme Court this November? Then how ironic that Justice Robert Young is now attempting to portray himself as standing for the principles of the Tea Party movement before the upcoming election.
If they only knew about the real Justice Young.
There’s a lot I liked about the original Tea Party. Not the one that has lately been kidnapped by Karl Rove, Roger Ailes, and the corporate establishment, but the original grass roots movement. Chief among those admirable qualities was that the tea party seeks to represent ordinary Americans in a world where both political parties seem kidnapped by special interests.
For nearly 30 years, Michigan courts have considered the rates charged by commercial care giving agencies when determining what constitutes a “reasonable charge” for family-provided attendant care services.
But, now, the Michigan Supreme Court’s activist Republican majority insists the logic behind the rule is all wrong.
Except when it’s not. Confused? So are hundreds of victims, families and lawyers who handle attendant care No-Fault claims in Michigan.
The movie “the Godfather” ends with Michael Corleone taking revenge and wiping out all of the Corleone family enemies. If you’re a Michigan lawyer or judge, you could be forgiven for wondering if the past two weeks have seen the equivalent of the Michigan Supreme Court’s version of this movie classic.
The four Republican justices on the Michigan Supreme Court have released a series of landmark decisions that will have devastating results on thousands of Michigan citizens injured in car accidents and slip and fall cases.
Michigan law just got uglier, thanks to Supreme Court Justice Stephen J. Markman, and Michigan’s Republican majority. In a series of fraud case rulings, including the recent decision by Markman & Company in Titan Insurance Company v. Hyten, at al., these activist Justices have now changed the rules for proving fraud in this state.
It seems to this writer that the only criteria for this double standard is who is claiming the fraud and who is defending against it.
Here’s the truth about the Michigan Supreme Court’s “Freedom of Contract” myth: it allows Michigan auto insurance companies the “freedom” to make and live by their own rules, and hundreds of innocent and injured people are being harmed as a result. It is extremely flawed public policy created by activist Republican justices aimed to help insurance companies. Once again, Michigan goes its own way while the entire nation goes the other. There is a cost for this “freedom,” borne exclusively by Michigan drivers and seriously injured auto accident victims. But at least the auto insurance companies are happy.