Order Michigan Supreme Court
Lansing, Michigan
May 24, 2013 Robert P. Young, Jr.,
Chief Justice
146371 & (308) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
DANIEL ADAIR, et al., David F. Viviano,
Plaintiffs-Appellants, Justices
v SC: 146371
COA: 230858
STATE OF MICHIGAN,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for expedited decision is GRANTED. The
application for leave to appeal the November 6, 2012 judgment of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
REVERSE that portion of the Court of Appeals judgment denying all attorney fees for
Phase II of the plaintiffs’ Headlee Amendment litigation. As explained by the special
master, the plaintiffs established that their attorneys performed reasonable and necessary
work relating to the record keeping claim for which they are entitled to attorney fees.
Adair v Michigan, 486 Mich 468, 493-494 (2010). We REMAND this case to the Court
of Appeals to articulate on the record specific factual findings regarding the amount of
attorney fees that are properly compensable for Phase II and enter an award consistent
with those findings, bearing in mind that the burden of proof to establish the attorney
time devoted to the record keeping claim and the reasonableness of the requested fees
rests on the plaintiffs. See Smith v Khouri, 481 Mich 519, 528-529 (2008) (opinion by
TAYLOR, C.J.). In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
I, Corbin R. Davis, 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.
May 24, 2013 _________________________________________
t0521 Clerk