BAUSERMAN v. UNEMPLOYMENT INS. AGENCY

No. 160813.

983 N.W.2d 855 (2022)

509 Mich. 673

Grant BAUSERMAN, Karl Williams, and Teddy Broe, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. UNEMPLOYMENT INSURANCE AGENCY, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 26, 2022.


Attorney(s) appearing for the Case

Mark Granzotto, PC, Royal Oak (by Mark Granzotto ) and Pitt, McGehee, Palmer & Rivers, PC (by Jennifer L. Lord , Michael L. Pitt , and Kevin M. Carlson , Royal Oak) for plaintiffs.

B. Eric Restuccia , Deputy Solicitor General, and Jason Hawkins and Debbie K. Taylor , Assistant Attorneys General, for defendant.

University of Michigan Workers' Rights Clinic (by Rachael Kohl , Royal Oak) and Gilda Z. Jacobs for Michigan League for Public Policy, amicus curiae.

Kelly Bidelman , Greg Abler , and Linda Jordan , for Center for Civil Justice, Arc Michigan, Detroit Eviction Defense, Michigan Legal Services, and United Community Housing Coalition, amici curiae.

American Civil Liberties Union Fund of Michigan (by Philip Mayor and Daniel S. Korobkin ) and National Lawyers Guild, Michigan-Detroit Chapter (by Julie H. Hurwitz ), for The American Civil Liberties Union of Michigan and the National Lawyers Guild, Michigan-Detroit Chapter, amicus curiae.

Law Offices of Robert June, PC, Ypsilanti (by Robert B. June ), for the Michigan Association for Justice, amicus curiae.

BEFORE THE ENTIRE BENCH.


OPINION

In this case, we are presented with the question of whether plaintiffs have alleged a cognizable state constitutional-tort claim allowing them to recover a judicially inferred damages remedy. Plaintiffs allege that defendant, Michigan's Unemployment Insurance Agency (the Agency), adjudicated allegations of fraud, seized...

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