After a second appeal to the Supreme Court of Michigan in a case argued by Carson J. Tucker, the Court overruled state case law and holds that federal law preempts state courts from ordering a division of military disability pay in state court divorce proceedings. More analysis on the opinion in Foster v Foster will [...]
Supreme Court of Michigan to Address Retroactive Application of MCL 224.21’s 60-day Notice Provision to Defective Highway Claims Against Governmental Entities
Michigan Supreme Court to Reconsider 60-Day Notice Provision as Applied to County Road Commissions and Other Governmental Entities
Supreme Court of Michigan Grants to Consider Retroactivity of the Statutory “Open and Obvious” Doctrine in Actions Against Governmental Entities
On April 17, 2020, the Michigan Supreme Court granted an application for leave to appeal in the case of Buhl v City of Oak Park, Michigan Supreme Court Case No. 160355, to address the relatively new statutory "open and obvious" provision, MCL 691.1402a(5), which is in the municipal "sidewalk" exception to governmental immunity in Michigan's [...]
Supreme Court of Michigan Grants to Consider Retroactivity of the Statutory “Open and Obvious” Doctrine in Actions Against Governmental Entities
On April 17, 2020, the Michigan Supreme Court granted an application for leave to appeal in the case of Buhl v City of Oak Park, Michigan Supreme Court Case No. 160355, to address the relatively new statutory "open and obvious" provision, MCL 691.1402a(5), which is in the municipal "sidewalk" exception to governmental immunity in Michigan's [...]
Court of Appeals Addresses Effect of Incapacity to Give Notice in Suit Under Highway Exception
The Michigan Court of Appeals interprets the interplay between the notice provision in the highway exception to governmental immunity and the