DEPARTMENT OF LICENSING v. LUCENTE

Docket Nos. 160843, 160844 Calendar No. 5.

973 N.W.2d 90 (2021)

508 Mich. 209

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS/UNEMPLOYMENT INSURANCE AGENCY, Appellee, v. Frank LUCENTE, Claimant-Appellant, and Dart Properties II, LLC, Employer-Appellee. Department of Talent and Economic Development/Unemployment Insurance Agency, Appellee, v. Michael Herzog, Claimant-Appellant, and Custom Form, Inc., Employer-Appellee.

Supreme Court of Michigan.

Decided July 30, 2021.


Attorney(s) appearing for the Case

University of Michigan Law School Workers' Rights Clinic (by Rachael Kohl , Royal Oak and Andrea Van Hoven ) for the claimants.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Shannon W. Husband , Cathryn A. Rudolph , and Jason Hawkins , Assistant Attorneys General, for the Unemployment Insurance Agency.

Blanchard & Walker PLLC, Ann Arbor (by David M. Blanchard ) for the Sugar Law Center for Economic and Social Justice, amicus curiae.

Michigan Poverty Law Program (by Lisa Ruby , Ann Arbor) for the Michigan League for Public Policy, Legal Services Association of Michigan, and the Michigan State Planning Body, amici curiae.

Sugar Law Center for Economic and Social Justice (by Tony Paris ), University of Michigan Law School Workers' Rights Clinic (by Rachael Kohl , Royal Oak and Andrea Van Hoven ), and Blanchard & Walker PLLC, Ann Arbor (by David M. Blanchard ) for Justin Chace, Joyce Crawford, Clarence Taylor, Edythe Ford, Katheryn Powers, Andrew Huff, and William Howland, amici curiae.

Pitt, McGehee, Palmer, Bonanni & Rivers (by Jennifer L. Lord ) for the Center for Civil Justice, amicus curiae.

BEFORE THE ENTIRE BENCH.


OPINION

In these cases we consider the process the defendant Unemployment Insurance Agency (the Agency) must follow when it seeks to establish that a claimant received benefits to which they were not entitled—an overpayment. Relatedly, we consider the process the Agency must follow to establish that the claimant...

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