Federal Appeals Court Ruling Means Court will Hear Claims Regarding Due Process Deficiencies in Michigan Unemployment Insurance System.
In a per curium opinion issued January 21, 2015, the Federal Court of Appeals for the 6th Circuit has reversed a lower court clearing the way for consideration of claims brought by The United Autoworkers Union that the State of Michigan is not complying with a prior agreement regarding procedures for collecting overpayments made to unemployment claimants. The settlement agreement reached with the UAW was meant to guarantee certain constitutional protections and a fair system for unemployment recipients claimant in Michigan. Nacht Law Attorneys Ned Macey and David Blanchard represented the UAW in lower court actions and in the Court of Appeals. In the unpublished opinion, The Court of Appeals ruled that the UAW can move forward with its efforts to enforce the agreement and bring perceived deficiencies in State’s practices in line with what they previously had promised to do, saying in part: “to enforce the policy changes it achieved for its members when the Agency allegedly reneges on its promises”. The case name is Frazier v. Malek, and the Sixth Circuit’s January 21, 2015 is available here.