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Court Of Appeals Affirms Fraud Ruling In Used Car Sale Over Hidden Odometer Discrepancy; Vacates Attorney Fee Award

The Court of Appeals affirmed the trial court’s findings of liability, fraudulent intent, and treble damages with regard to claims based on failure to disclose accurate mileage, but vacated its attorney fee award and remanded for reconsideration under the proper legal framework as articulated in Pirgu v United Serv Auto Ass’n, 499 Mich 269 (2016).

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Attorney Fee Award Nixed Because DHHS Claim Takes Precedence

A probate court’s order awarding an attorney his fees from a decedent’s estate must be reversed because the Department of Health and Human Services’ claim for fees under the Michigan Medicaid Estate Recovery Program has higher priority.

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