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 [...]

Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act

Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court's upcoming (October 8) hearing of oral arguments in the calendar cases of Hunter v. Sisco, et al, and Hannay v. MDOT, the latter in which I [...]

“No-Fault” Wage-Loss Benefits Required to Be Paid to Unemployed Claimant Suffering Disabling Injury at the Time of Auto Accident

In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan's No-Fault Act, characterizing her as "temporarily unemployed" under MCL 500.3107a. MCL 500.3107 of the No-Fault Act provides for first-party insurer "work-loss [...]

“Intentional Tort Exception” to Exclusive Remedy Provision of Workers Compensation Act Did Not Apply to Employee’s Claim of Injury by Allegedly Defective Machinery

Yesterday, the Michigan Supreme Court issued an order summarily reversing the published decision of the Court of Appeals in Thomai.v.MIBA Hydramechanica Corp., et al, 303 Mich. App. 196 (2013), a case in which the Court of Appeals allowed a circuit court suit to proceed against a manufacturer on the basis that the employee had sufficient basis to [...]

Supreme Court Declines to Address Court of Appeals’ Ruling Migrant Farm Worker Resided in Michigan for Purposes of No-Fault Insurance Coverage

The Michigan Supreme Court has declined to review an appeal of the Court of Appeals opinion in Lorenzo Tienda v. Integon National Insurance, which held that a migrant farm worker who maintained no permanent residency in any state resided in Michigan for purposes of the No-Fault Automobile Insurance Act's provisions addressing priority among automobile insurers for payment [...]