“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 [...]

Supreme Court to Address Court of Appeals Interpretation of “Unlawful Taking” of Motorcycle Under No-Fault Act, MCL 500.3113(a)

As I had predicted in August 2012, when the Court of Appeals issued its opinion in this case, the Supreme Court would likely have to further analyze the underlying issues regarding the meaning of an "unlawful taking" and therefore unauthorized use of a motorcycle or motor vehicle under Michigan's No-Fault Act.  I wrote extensively on [...]