The Summary Disposition Standard Debate This case highlights a current conflict among the Court of Appeals. There is a current “debate” among Court of Appeals panels in recent opinions about the sufficiency of pleading a cause of action against the government when assessing the government’s motion for summary disposition under MCR 2.116(C)(7), which provides for [...]
Category: Public Corporations
Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit
One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations. Disputes, claims, and yes, lawsuits often arise in the ordinary course of thriving and vibrant businesses. This is a natural consequence of [...]
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 [...]
Mention of a Non-Party in Affirmative Defense Insufficient to Toll Statute of Limitations as to that Non-Party
In a published decision, the Michigan Court of Appeals has held that mention of a potentially responsible non-party at fault in a class action suit was insufficient as a notice of non-party at fault within the meaning of Michigan Court Rule (MCR) 2.112(K), and therefore insufficient to "toll" the statute of limitations to allow amendment [...]
“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 [...]