Michigan High Court to Address Scope of “Gross Negligence” Exception to Governmental Immunity

In an order issued on December 23, 2014, the Michigan Supreme Court has granted oral argument to consider the state’s application in this wrongful death case.  (Estate of Beals.Order). The plaintiff is the estate of an individual who was a student at a state technical college that provided vocational and technical training to individuals with […]

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 […]

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 […]

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 […]

Pennsylvania Supreme Court Unconstitutionally Usurps Constitutional Sheriffs’ Arrest Powers

I am attaching an article describing the ill-conceived decision of the Pennsylvania Supreme Court to reduce the powers of the Constitutional Sheriffs in that State with respect to powers of arrest to nothing more than that of the ordinary citizen. The opinion unconstitutionally usurps the elective franchise of the citizens to vote for who they […]