Grant Bauserman v. Unemployment Insurance Agency

Summary

The Michigan Supreme Court held that monetary damages may be judicially inferred for a state constitutional tort unless the Constitution delegates enforcement of the right to another branch or the Legislature has provided an adequate alternative remedy. Plaintiffs adequately pleaded that the Agency deprived them of property without meaningful notice or an opportunity to be heard through its automated fraud-detection and collection practices, and the available administrative remedies did not adequately vindicate that right. The Court therefore affirmed denial of summary disposition and remanded for further proceedings.