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FARISH v. DEPARTMENT OF TALENT

No. 350866.

971 N.W.2d 1 (2021)

336 Mich. App. 433

Dock FARISH, Kebeh Gibson, Millie Nichols, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT, Defendant-Appellee, and Talent Investment Agency, Unemployment Insurance Agency, Director Department of Talent and Economic Development, Director Talent Investment Agency, and Acting Director Unemployment Insurance Agency, Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 18, 2021, 9:00 a.m.

Attorney(s) appearing for the Case

Excolo Law, PLLC (by Daniel W. Weininger and Keith L. Altman, Southfield) for plaintiffs.

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, and Kimberly K. Pendrick, Assistant Attorney General, for defendants.

Workers' Rights Clinic of the University of Michigan Law School (by Andrea Van Hoven) for the Center for Civil Justice, Amicus Curiae.

Before: Riordan, P.J., and Shapiro and Ronayne Krause, JJ.

The question before us in this case is whether the Michigan Unemployment Insurance Agency (UIA) may deduct sums from a recipient's present benefits in order to collect penalties and interest assessed because of a prior overpayment. We conclude that it may not. However, we further conclude that...

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