Narrative Opinion Summary
The Michigan Supreme Court issued an order on October 26, 2010, regarding the case of Tammy Johnson, Guardian of Nancy Eastman, a Legally Incapacitated Person, against Wausau Insurance Company and Nationwide Indemnity, Inc., among others. The Court granted an application for leave to appeal the Court of Appeals' judgment from March 24, 2009, but instead of granting leave, it vacated both the Court of Appeals' judgment and the October 11, 2007 order of the Genesee Circuit Court. The case is remanded to the Genesee Circuit Court for reconsideration in light of the decision in University of Michigan Regents v. Titan Insurance Co., 487 Mich. 2010. Justices Corrigan and Young concurred with the decision to remand, noting their agreement with Justice Markman's dissenting opinion in the Titan case. The Clerk of the Michigan Supreme Court, Corbin R. Davis, certified the order as a true and complete copy.
Legal Issues Addressed
Judicial Concurrencesubscribe to see similar legal issues
Application: Justices expressed agreement with the decision to remand and aligned with a dissenting opinion in a related case.
Reasoning: Justices Corrigan and Young concurred with the decision to remand, noting their agreement with Justice Markman's dissenting opinion in the Titan case.
Remand for Reconsiderationsubscribe to see similar legal issues
Application: The Michigan Supreme Court vacated previous judgments and remanded the case for reconsideration in light of a relevant decision.
Reasoning: The case is remanded to the Genesee Circuit Court for reconsideration in light of the decision in University of Michigan Regents v. Titan Insurance Co., 487 Mich. 2010.
Vacatur of Lower Court Judgmentssubscribe to see similar legal issues
Application: The Supreme Court vacated the judgments of the Court of Appeals and the Genesee Circuit Court, indicating procedural or substantive issues with the prior decisions.
Reasoning: The Court granted an application for leave to appeal the Court of Appeals' judgment from March 24, 2009, but instead of granting leave, it vacated both the Court of Appeals' judgment and the October 11, 2007 order of the Genesee Circuit Court.