Updates About Lower Court Rulings

On August 11, U.S. Magistrate Judge David Grand of the Eastern District of Michigan U.S. District Court ruled a mistrial in the Flint Water Civil Trial after the jury shared it was unable to come to an agreement on a verdict in the case. The hung jury stated that continued deliberations would cause stress and anxiety with someone having to surrender their vote for the purpose of having a verdict.

The trial involved four plaintiffs, all of which are children, against defendants of engineering firms Veola North America (VNA) and Lockwood, Andrews, & Newnam (LAN). The plaintiffs lived in Flint during the water contamination crisis and attorneys for the plaintiffs argued that LAN was responsible for 25 percent of the crisis while VNA was responsible for 50 percent, with both companies negligent in giving fault advice to the city. The rest was placed on the state and former state officials. LAN and VAN argued the state and city officials were to blame.

In total, the trial lasted 76 days and had 45 people testify in the case.

Michigan continues to grapple with the new reproductive health landscape in the wake of the U.S. Supreme Court’s overturning of Roe vs. Wade and Planned Parenthood vs. Casey.

Most recently, on July 29, Court of Claims Judge Elizabeth Gleicher, who issued the injunction temporarily blocking the state’s 1931 abortion ban, denied a motion from Republicans in the Legislature to disqualify her from the case Planned Parenthood vs. Attorney General, challenging the constitutionality of the 1931 law. Concerns from Republicans stemmed from Judge Gleicher’s previous ties to Planned Parenthood and personal campaign contributions to Governor Gretchen Whitmer and Attorney General Dana Nessel.

On Monday, August 1, pro-choice advocates were dealt a temporary blow when the Court of Appeals ruled that the abortion ban does not apply to local county prosecutors (who are not under the jurisdiction of the Michigan Attorney General), potentially opening the door for felony charges to be brought against physicians who perform abortions. Hours later, however, Oakland County Circuit Court Judge Jacob Cunningham granted Governor Gretchen Whitmer’s request for a temporary restraining order to prohibit enforcement of Michigan’s 1931 statute criminalizing abortion. In effect, local county prosecutors remain prohibited from criminally prosecuting abortion in Michigan while the order is pending.

During a hearing on August 3 in the Oakland County Circuit Court, the restraining order was extended and another hearing on August 17 was scheduled. It is possible the order could be extended for an indeterminate period of time. Separately, Governor Gretchen Whitmer’s newest filing calls on the Supreme Court to immediately consider the April lawsuit which asked the court to decide if the state’s constitution protects the right to abortion.

On Friday, July 29, Court of Claims Judge Douglas Shapiro granted a stay of his ruling in Mothering Justice vs. Dana Nessel until February 2023.

The decision in Mothering – issued on July 19 – found that the Legislature violated the constitution when in 2018 it amended two citizen initiatives. One initiative would raise the minimum wage to $12 per hour over a period of years with an inflation adjustment in place once the maximum was reached. It would also eliminate the lower tipped minimum wage. A separate initiative would allow employees to earn one hour of paid sick leave for every 30 hours worked up to a maximum of 72 hours per year.

The purpose of the stay granted by Judge Shapiro is to give employers time to implement the necessary changes to comply with the new laws.