Michigan Supreme Court Denies Leave in Two of Three Cases Pending to Address Legal Causation Under No-Fault Act for Motorcycle Accidents

Last week I filed an amicus curiae (friend of the court) brief in the State Farm v. MMRMA case pending on application to the Michigan Supreme Court.  As I mentioned in my last post, there were two other cases, both pending on applications to the Court, which asked the Court to deal with the same […]

Supreme Court Amicus Brief Filed in State Farm v. MMRMA Case Considering Whether Police Vehicle Pursuing Speeding Motorcyclist Sufficiently “Involved” In Motor Vehicle Accident to Require Apportionment of Liability Among No-Fault Insurance Carriers

I filed an amicus curiae brief on behalf of Oakland County, Macomb County and Wayne County in this case, urging the Supreme Court to grant Michigan Municipal Risk Management Authority’s application or, alternatively, to reverse the Court of Appeals.  My brief is attached here:  Supreme Court Amicus Curiae Brief for Oakland, Wayne and Macomb Counties stamped […]

Supreme Court Affirms Important Principle Regarding What Truly Constitutes a “Genuine” and Therefore “Material” Question of Fact Sufficient to Survive a Summary Motion for Judgment

In Fuhr v. Trinity Health Corp., et al., Supreme Court No. 147158, the Michigan Supreme Court peremptorily reversed the Court of Appeals decision to affirm denial of summary judgment to the defendants (hospital) in a Whistleblower’s Protection Act (WPA) lawsuit filed by a former employee.  The plaintiff alleged he was terminated because of a call he placed […]

County Sheriff Not Liable for Civil Damages for Contempt of Probate Court Order to Estate of Mental Health Patient Awaiting Transport to County Mental Health Facility

In In re Estate of Bradley (1), the Michigan Supreme Court held the Governmental Tort Liability Act (GTLA), MCL 691.1401, et seq., provides immunity from tort liability to a county sheriff and his or her deputies for alleged violation of a probate court order, which resulted in the suicide death of a patient awaiting transport […]

Police Chief Absolutely Immune for Conducting Arrest Under Michigan Governmental Immunity Provisions

On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that “absolute immunity” for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department.  This is a remarkable […]

Michigan Supreme Court Issues 3-2 Decision on Meaning of “Absolute Immunity” for Executive Level Government Officials Under MCL 691.1407(5)

On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that “absolute immunity” for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department.  This is a remarkable […]

Michigan Supreme Court to Analyze State and Federal Preemption of Local Zoning Ordinances Outlawing Marijuana Use

On April 3, 2013, the Supreme Court granted the City of Wyoming’s Application for Leave to Appeal the Court of Appeals ruling that its local zoning ordinance, enacted to prohibit use of marijuana, conflicted with the Michigan Medical Marihuana Act (MMMA) and the federal Controlled Substances Act. The Supreme Court has requested the parties to […]