Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court

It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 […]

Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act

Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court’s upcoming (October 8) hearing of oral arguments in the calendar cases of Hunter v. Sisco, et al, and Hannay v. MDOT, the latter in which I […]

“Gross Negligence” Exception to Governmental Immunity Under Attack in Cases Against First Responders / Law Enforcement Officers

The Court of Appeals has released two cases that appear to undermine the meaning of the “statutory” “gross negligence” exception, MCL 691.1407(2) under Michigan’s Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers and other individual governmental employees engaged in the discharge of a governmental function and while […]

Lego v. Liss – State Files Appeal in Governmental Immunity Case Involving “Friendly Fire” Incident

Last week, the state of Michigan filed an Application for Leave to Appeal in the Michigan Supreme Court challenging the Court of Appeals (majority) opinion in this case Lego v. Liss, holding that a police officer could be subject to liability (and not immune) in an incident in which the officer shot another police officer […]

Court of Appeals Holds Tree Laying on Roadway Surface Not a “Defect” in the “Highway” Under “Highway Exception” to Governmental Immunity

In Estate of Truett v. Wayne County.opn, the Court of Appeals (Judges Servitto (presiding), Beckering, and Fort Hood) unanimously held that a tree lying in the roadbed is not a “defect” within the meaning of the “highway exception” to governmental immunity under the Governmental Tort Liability Act (GTLA), MCL 691.1401, et seq. I briefed and […]

Supreme Court Poised to Address Damages Claims Against Government for Negligent Operation of Motor Vehicles

As I mentioned in a previous post, the Michigan Supreme Court issued a reconsideration and Grant Order, and a Consolidation Order, with respect to the Court of Appeals’ decisions in Hunter v. Sisco, et al. and Hannay v. MDOT cases and will consider them together as calendar cases in the fall. This is turning out to be a significant case both for […]

Supreme Court Remands for Court of Appeals to Reconsider “Parallel Parking” Highway Defect Case

Attached is an order issued today, April 1, 2014, in the case of Yono v. Dep’t of Transportation.146603, by the Supreme Court. This is the case in which the Plaintiff alleged a highway defect under the exception to governmental immunity found in MCL 691.1402(1), for injuries incurred when she slipped and fell in an alleged defect […]