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A Better Partnership
January 18, 2012

COA Revised Opinion: Narrows earlier opinion finding no personal jurisdiction based upon failure to establish a prima facie tort claim

Following a motion for reconsideration, the Court of Appeals issued a new opinion that revised its earlier holding in Yoost v. Caspari, No. 294299. Notably the opinion remains the same in many respects - including the result. The one notable difference is that this revised opinion does not reach the question of whether a party's failed to establish his abuse-of-process claim, and whether that failure would mean that MCL 600.705(2) could not support jurisdiction. Judge Meter had concurred in the earlier opinion on the grounds that he would not have reached the abuse of process question. As that question is not addressed in the revised opinion, he now signs on to the opinion in full.

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