MICHIGAN LAW CIT: Apr 10 — Section 122 tariffs; Michigan in 24-state coalition MSC Apr 8–9: People v. Eads & Black — juvenile resentencing lines Abdulla v. Progressive — PIP “owner” under MCL 500.3101(3)(l)(i) Ernest Estate v. Brown — Waltz v Wyse & wrongful-death timing In re Sizick — MCL 700.5401(3)(b), Medicaid anticipation Knier v. Bay City — roof as “addition” under Proposal A AG Nessel: Consumers Energy rate case filed days after MPSC approval COA: VHS v. Allstate — MCL 500.3142 interest, fees remand CIT: Apr 10 — Section 122 tariffs; Michigan in 24-state coalition MSC Apr 8–9: People v. Eads & Black — juvenile resentencing lines Abdulla v. Progressive — PIP “owner” under MCL 500.3101(3)(l)(i) Ernest Estate v. Brown — Waltz v Wyse & wrongful-death timing In re Sizick — MCL 700.5401(3)(b), Medicaid anticipation Knier v. Bay City — roof as “addition” under Proposal A AG Nessel: Consumers Energy rate case filed days after MPSC approval COA: VHS v. Allstate — MCL 500.3142 interest, fees remand

Sunday, April 12, 2026 — Lansing session energy, Detroit supply chains, Great Lakes spring

CHAMBER & LEDGER

The calendar caught up with the law: the U.S. Court of International Trade held a marathon hearing on Michigan’s coalition challenge to Section 122 global tariffs while, two days earlier in Lansing, the Michigan Supreme Court opened its April argument session on juvenile resentencing, compelled exams, no-fault “ownership,” and whether Waltz v Wyse still governs wrongful-death malpractice timing. Below that noise floor, quieter orders — probate Medicaid planning and a Bay City roof that may uncap taxable value — will change how practitioners file tomorrow.

States in tariff coalition (reported) 0

U.S. Court of International Trade — Apr 10, 2026

After the Hearing: Section 122, Balance-of-Payments Grammar, and Michigan Manufacturers

Last week’s edition flagged the argument date; this week the courtroom filled. A three-judge panel heard roughly three hours of argument over whether a ten-percent levy on most imports — rolled out after the U.S. Supreme Court rejected emergency tariffs under a different statute — fits the Trade Act’s limit on addressing “large and serious” balance-of-payments problems. Michigan remains in the multistate coalition alongside small-business challengers; supply-chain counsel are watching for any signal on preliminary relief before the statute’s 150-day clock becomes the real deadline.

Docket posture Challengers asked the court to block collection rather than wait for mid-summer expiration; the panel did not announce a ruling date from the bench.
Michigan angle Automotive inputs, steel, and cross-border logistics mean even “global” tariff law lands as a shop-floor problem in Warren, Flint, and Holland.
Statutory hook 19 U.S.C. § 2462 (Trade Act § 122) — temporary import surcharge authority tied to payments deficits, not a generic trade deficit label.
News4JAX (Associated Press) — U.S. Court of International Trade, Section 122 arguments, Apr. 10, 2026 →

Michigan Supreme Court — April 8–9, 2026 Session

Seven Arguments, One Question: Who Controls the Frame?

The Court’s revised calendar (seven cases across two days) clusters resentencing, expert evidence, insurance classification, and a high-stakes malpractice-limitations debate. For appellate lawyers, it is a concentrated look at how Michigan’s highest court is choosing between bright-line rules and fact-intensive standards in the mid-2020s.

Wed., Apr 8 — morning
People v. Eads — resentencing after Miller and Michigan’s state constitutional proportionality line for very long terms imposed on youth offenders.
Wed., Apr 8 — later
People v. Black — Fifth Amendment and compelled forensic exams in juvenile-lifer resentencing proceedings; lower courts split on how mitigation can be presented.
Thu., Apr 9 — late morning
Ernest Estate v. Brown, Jr., M.D. — whether Waltz v Wyse, 469 Mich 642 (2004), should continue to govern wrongful-death medical-malpractice accrual.
Clutch Justice — April 2026 MSC argument session breakdown →

Criminal Law — Youth, Time, and Parole Reality

People v. Eads: When a “Term of Years” Still Feels Like Life

James Eads was sentenced as a teenager for second-degree murder in the early 1990s. His counsel pressed the Michigan Supreme Court to treat extreme term-of-years sentences the same way the Court has treated mandatory life without parole for youth — as sentences that must be measured against adolescent brain science and Michigan’s art. 1, § 16 proportionality tradition.

Prosecution frame

Resentencing is not a clean slate; the gravity of the homicide and decades of post-conviction history matter when evaluating whether a punishment remains constitutionally tolerable.

Defense frame

If parole boards rarely grant release on first eligibility, a fixed minimum measured in decades can operate as a practical life sentence — the very problem Miller and Michigan’s later cases tried to cabin.

Michigan Public — oral argument coverage, People v. Eads →

People v. Black — Fifth Amendment / Forensic Exam

Expert Truth-Seeking vs. Compelled Self-Incrimination in Lifer Resentencing

In a companion resentencing dispute, defense counsel want to rely on a psychiatric evaluation conducted as part of the state’s resentencing process — while also reserving the right to challenge how prosecutors might deploy that exam on cross-examination. The justices probed where the Fifth Amendment line sits when the state both orders evaluation and later seeks to impeach mitigation with it.

“We believe there are many ways to seek truth and protect the accuracy of information while also protecting our client’s constitutional rights.”
Defense counsel, post-argument interview — Michigan Public, Apr. 8, 2026
Michigan Public — People v. Black, resentencing and compelled exams →

No-Fault — Abdulla v. Progressive Se. Ins. Co.

LLC Title, Household PIP, and the Meaning of “Owner”

Mohammed Abdulla was hurt in a Missouri crash while operating a tractor titled to his single-member LLC. The Court of Appeals published split reasoning on whether that structure blocks PIP priority; the Supreme Court ordered supplemental briefing on both “owner” status under MCL 500.3101(3)(l)(i) and household-relative coverage under MCL 500.3111 and 500.3114.

Argument Apr 8, 2026 — 10:55 a.m.
COA docket 364797 / 364866
MSC docket 167532
Core issue PIP + LLC + domicile
Zausmer PC — Abdulla v. Progressive, MSC preview →

Medical Malpractice — Ernest Estate v. Brown, Jr., M.D.

Waltz v Wyse on Trial: Wrongful-Death Accrual and the Courthouse Door

Medical-malpractice lawyers statewide are watching Thursday’s argument on whether to retain, modify, or abandon Waltz v Wyse’s special framework for when a wrongful-death claim accrues. A change at the top would ripple through screening affidavits, notice windows, and forum decisions in every county.

If Waltz survives

  • Wrongful-death filings continue to follow Waltz-specific accrual analysis.
  • Defense bars rooted in Waltz motions stay predictable for carriers and hospitals.
  • Plaintiffs counsel keep their current checklists for discovery tolling questions.

If Waltz shifts

  • Filing windows may reopen for estates that believed they were time-barred.
  • Affidavit-of-merits practice could see a wave of renewed forum shopping.
  • Appellate conflict splits between panels would need rapid reconciliation.
Clutch Justice — Ernest Estate v. Brown, argument schedule →

Probate — In re Estate of Jerome E. Sizick

Medicaid in the Protective-Order Calculus: MCL 700.5401(3)(b) Reset

In a unanimous disposition the Supreme Court held probate courts may consider the anticipated availability of Medicaid when weighing needs under MCL 700.5401(3)(b) — even before DHHS issues a formal eligibility determination — as part of a forward-looking support analysis. The Court overruled contrary Court of Appeals precedent that had treated early Medicaid discussion as inherently premature.

Docket MSC No. 166921 (reporting cites DHHS as respondent in procedural posture)
Statute MCL 700.5401(3)(b) — protective orders when money is needed for support, care, and welfare.
Holding gist Anticipated Medicaid is a permissible factor in the needs balancing test; individualized findings still control abuse-of-discretion review.
Detroit Legal News / Gongwer — Medicaid timing in In re Sizick →

Property Tax — Knier, Powers, Martin, & Smith, LLC v. City of Bay City

Is a Commercial Roof an “Addition” That Breaks Proposal A’s Cap?

The Court of Appeals published decision treated a full roof replacement as “new construction” under MCL 211.34d(1)(b)(iii), allowing taxable value to jump beyond the usual inflation cap. The Supreme Court has now calendared oral argument on the application for leave — with briefing directed at the narrow constitutional and statutory meaning of “addition” under Const 1963, art 9, § 3.

COA No. 366114 — published Aug. 8, 2024 — MSC order setting argument on the application for leave (MiLW, Apr. 7, 2026)

Michigan Lawyers Weekly — Knier order (oral argument on leave) →

Public Utilities — Attorney General Intervention

Consumers Energy’s Next Rate Case: Nessel’s Office Draws a Line in the Sand

With northern Michigan still recovering from a brutal ice season, the Attorney General publicly criticized Consumers Energy for moving toward another electric rate filing within days of regulators approving a prior increase. Nessel reiterated that her staff will scour every dollar sought — but also called on the Legislature to pursue a bipartisan rewrite of how investor-owned utilities recover capital.

0% Residential electric increase (approx.) cited in reporting on the last approved case

MPSC practice tip: intervenor testimony on capital trackers and storm-hardening spend will likely dominate the next contested hearing cycle.

Michigan Advance — AG Nessel statement on Consumers rate timing, Apr. 6, 2026 →

No-Fault — VHS of Michigan, Inc. v. Allstate Ins. Co.

Penalty Interest and Fees: “Reasonable Proof” Without a Silent Reasonableness Test

In a March 2026 unpublished decision, the Court of Appeals vacated a trial court order denying penalty interest and counsel fees under the no-fault act. The panel held the trial court erred by importing a free-floating “reasonableness” gloss into MCL 500.3142(2)’s text about when benefits become overdue after reasonable proof of loss.

MCL 500.3142(2) — overdue benefits trigger MCL 500.3148(1) — attorney-fee prerequisites MiLW No. 08-110430
Michigan Lawyers Weekly — VHS v. Allstate →

Civil Procedure — 12Five Capital, LLC v. IMG Marine, LLC

A $2.685 Million Default Erased: MC 07a, MCR 2.603, and Due Process

The Court of Appeals reversed denial of a motion to set aside a default judgment where the plaintiff’s MC 07a request omitted certificate-of-mailing details required by MCR 2.603(A)(2). Because the defaulting party had never appeared, the defect was treated as structural good cause to set aside the judgment without reaching the merits of a meritorious defense.

$0 Default judgment vacated — remanded for the trial court to grant the motion to set aside.
Michigan Lawyers Weekly — default judgment vacated (12Five Capital) →

EGLE / MPART — Great Lakes Spring

PFAS Data Season: Fish Fillet Labs, MPART Site Counts, Airport Grants

Spring means more surface-water pairing with fish-tissue sampling as EGLE pushes winter collections into MDHHS Eat Safe Fish updates. Separately, MPART’s FY2025 accounting reported hundreds of enumerated PFAS sites and continued airport-response grants — the kind of administrative record environmental lawyers attach to cost-recovery complaints.

FY2025 snapshot (MPART fast facts): 328 enumerated PFAS sites; 38 groundwater “areas of interest” under active investigation; winter fish collections (e.g., Reeds Lake, Feb. 2026) feeding updated consumption guidance.
EGLE Mi Environment — MPART By the Numbers, Feb. 3, 2026 →

Property Tax — Resort Properties Co-Operative v. Township of Waterloo

Cumulative Share Transfers, MCL 211.27a(6)(h), and the Cottage LLC

The Supreme Court affirmed in lieu of leave: when more than half of a family-cottage cooperative’s shares turn over within the same calendar year, Michigan’s uncapping rules treat that as a qualifying transfer of ownership for the real property the entity holds. Justice Bernstein dissented, warning that aggressive aggregation could unsettle expectations for small shoreline communities.

Step 1Share deals
Step 2>50% / year
Step 3Uncap
MSCAffirmed COA
Michigan Supreme Court — order in Resort Properties Co-Operative v. Waterloo (PDF) →

Coming Up

The Week Ahead in Michigan Law

Apr 14–18
House and Senate committee weeks resume after spring travel; watch Civil Rights, Insurance, and Judiciary agendas for no-fault and court-funding placeholders.
Apr 20
MDARD PFAS-on-farmland research grants — letter of intent deadline (11:59 p.m. ET) for Michigan-led university teams (carryover deadline from ag spring calendar).
Apr 21–25
MSC post-argument orders typically begin dropping one to two weeks after April session — monitor orders lists for Abdulla, Ernest, and Bay City leave rulings.
May 6–8
EGLE-hosted Great Lakes Drinking Water Conference registration (Ann Arbor area) — networking window for municipal counsel and PFAS litigators ahead of summer monitoring pushes.
Jul 24
Section 122 tariff window — 150-day statutory horizon referenced in federal reporting; Michigan manufacturers should model exposure if surcharges lapse or renew.
MDARD — PFAS agricultural research LOI deadline reminder →
What is Legally Brief?