Adair v. State

494 Mich. 852

830 N.W.2d 383

Daniel ADAIR, et al., Plaintiffs–Appellants,

v.STATE of Michigan, Defendant–Appellee.

Docket No. 146371.

COA No. 230858.

Supreme Court of Michigan.

May 24, 2013.

Prior report: 298 Mich.App. 801, 827 N.W.2d 740.

Order

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, 785 N.W.2d 119 (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...