common law Archives - Page 3 of 3

Michigan Defense Quarterly Article by Carson J. Tucker

on April 30, 2013May 12, 2020 By Carson J Tucker, JD MSEL

My article on the amicus curiae brief I filed in the Michigan Supreme Court in the case of Bailey v. Schaaf, et al., Supreme Court Docket No. 144055 (Oral Argument held on March 5, 2013) was published in the Michigan Defense Quarterly Spring Edition. Read the article on page 24 of the Quarterly here: MDTC Spring [...]

Michigan Supreme Court Issues Opinion Articulating Its Constitutional Limitations and Authority in Changing the Common Law

on March 24, 2013May 12, 2020 By Carson J Tucker, JD MSEL

In Price v. High Pointe Oil Co, Inc., the Michigan Supreme Court provides a clear pronouncement on the constitutional limitations and legitimate authority the judiciary has to change the common law. In doing so, the Court refused to extend as a common-law rule the view that a plaintiff may recover non-economic damages (i.e., mental and emotional [...]

Michigan Supreme Court Holds Non-Economic (Mental Anguish) Damages Are Not Recoverable for Destruction of Property

on March 22, 2013May 12, 2020 By Carson J Tucker, JD MSEL

This case, released on March 22, 2013, holds that the common-law rule is that non-economic damages may not be recovered for destruction of property. The case sets important parameters with respect to the current court's view of when and how the common-law should be adhered to, and how it should go about being changed. This [...]