This case has been up to the Supreme Court, which changed its mind on review, and then down again. The first issue, which I previously wrote about, concerned the date the 180-day appeal period begins to run from denial of a FOIA request. Prins v. MSP I
The circuit court ruled the date of receipt by the government agency triggered the period. The Court of Appeals reversed, holding that the date of the postmarked response denying the request was the trigger date. This rendered Plaintiff’s appeal timely. The Supreme Court initially granted the Michigan State Police’s application for leave to appeal, but then vacated that order in January of 2012. See my other post about this: Prins v. MSP Supreme Court
This opinion by the Court of Appeals addresses a second appeal by Plaintiff and addresses the important issue of calculating “reasonable attorney” fees that can be awarded for a governmental entity’s arbitrary and capricious denial of a FOIA request.
The Court here, in a published opinion, remands to the circuit court commanding an analysis of that issue pursuant to the Supreme Court’s guidance in Smith v. Khouri, 481 Mich. 519, 526-533 (2008). The Court here concludes that the list of factors enunciated in that Court and as found in Rule 1.5(a) of the Michigan Rules of Professional Conduct apply equally to the question of attorneys fees in FOIA cases.
The important take away from this case, Smith, and others that address the statutory award of attorney fees is that the “reasonableness” calculation is left to the discretion of the trial court judge and can be “more” or “less” than that being requested by the attorneys submitting the bill to the court.
Here is the opinion: Prins v. MSP II.opn
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
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Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
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Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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