Updates About Lower Court Rulings

On April 19, the Michigan state Senate passed Extreme Risk Protection Order (ERPO) legislation. This red flag law package would enable courts to issue ERPOs towards individuals who pose a significant risk of personal injury to themselves or others by possessing a firearm. The ERPO would then prohibit the individual from possessing or purchasing a firearm.

In separate but related news, the Court of Claims Judge Thomas Cameron denied a motion for Michigan Open Carry, et al v Michigan House of Representatives, et al. Michigan Open Carry and Great Lakes Gun Rights filed suit against the Michigan House of Representatives and Senate stating they were denied the opportunity to address the state legislature during committee hearings on the larger gun reform package. Judge Cameron ruled that the plaintiffs failed to identify the specific rules and how they were violated under the Open Meetings Act, among other items.

On Thursday March 30, a federal judge in Texas ruled to overturn a portion of the Affordable Care Act in Braidwood Management. Inc. v. Becerra. This decision struck down the requirement that makes preventive services and screenings covered by health insurers with no additional cost to the patient. Services like screenings for cancer, heart disease, and high blood pressure could become costly, diminish access to affordable early detection, and put people’s health at risk.

Following this decision, Governor Whitmer directed the Michigan Department of Insurance and Financial Services (DFIS) to protect Michigan families and ensure access to no-cost preventive healthcare services. This decision in Braidwood Management. Inc. v. Becerra is however being appealed by the US Department of Justice.

On Thursday April 6, Governor Whitmer announced that insurers who represent 100% of the fully insured health insurance market will continue to cover no-cost preventive services for Michigan residents.

Following the 2014 Flint Water Crisis, Genesee County Circuit Court Judge David J. Newblatt approved the final Flint water civil settlement on March 21.

The settlement is the biggest civil settlement in Michigan history, totaling approximately $626 million in financial compensation for Michigan’s families, property owners, and businesses who were affected by the Flint water. Out of the $626 million, the state of Michigan will pay $600 million, the City of Flint will pay $20 million, McLaren Regional Medical Center will pay $5 million, and Rowe Professional Services Co. will pay $1.25 million

As children are particularly vulnerable to the effects of lead contamination, a majority of the settlement will be allocated towards those who were minors when first exposed to the contaminated water. During the water crisis nearly a decade ago, most of the claims of minors were from children aged six and younger. Some of the settlement is also to be allocated towards Genesee County special education services and those who experienced property and business damages.