Michigan Unemployment Insurance Agency v. Frank Lucente

Order Michigan Supreme Court Lansing, Michigan June 17, 2020 Bridget M. McCormack, Chief Justice 160843-4 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra DEPARTMENT OF LICENSING AND Richard H. Bernstein REGULATORY AFFAIRS/UNEMPLOYMENT Elizabeth T. Clement INSURANCE AGENCY, Megan K. Cavanagh, Justices Appellee, v SC: 160843

COA: 342080

Macomb CC: 2017-000125-AE FRANK LUCENTE,

Claimant-Appellant, and

DART PROPERTIES II, LLC,

Employer-Appellee.

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DEPARTMENT OF LICENSING AND

REGULATORY AFFAIRS/UNEMPLOYMENT

INSURANCE AGENCY,

Appellee, v SC: 160844

COA: 345074

Wayne CC: 18-003162-AE MICHAEL HERZOG,

Claimant-Appellant, and

CUSTOM FORM, INC.,

Employer-Appellee.

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On order of the Court, the application for leave to appeal the October 15, 2019 judgment of the Court of Appeals is considered, and it is GRANTED. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).

The parties shall address whether the Court of Appeals erred in its analysis of §§ 32, 32a, and 62 of the Michigan Employment Security Act of 1936 (MESA), MCL 421.1 et seq., when it held that: (1) the Unemployment Insurance Agency is not required to comply with the time requirements set forth in § 32a when seeking to recoup payment of fraudulently obtained benefits under § 62 of the Act; and (2) the label that the agency used on its decisions was not determinative of its ability to seek to recoup improperly obtained benefits.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 17, 2020 p0610

Clerk