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A Better Partnership

March 2012

Mar 2012
25
March 25, 2012

COA Opinion: The Government Tort Liability Act does not protect governmental entities from contempt actions

In Estate of Stephen Bradley v. Kent County Sheriff's Department, No. 299640, the Michigan Court of Appeals considered whether the Government Tort Liability Act ('GTLA') bars contempt actions against governments, where the plaintiff is seeking tort-like damages. The Court held that the GTLA applies only to tort claims. Where the plaintiff could

Mar 2012
25
March 25, 2012

COA Opinion: A breach-of-contract claim accrues at the time of the defective performance

On remand from the Michigan Supreme Court, in Miller-Davis Co v Ahrens Construction, Inc., No. 284037, the Court of Appeals was asked to consider whether the plaintiff's breach-of-contract claim was barred by the six-year statute of limitations in MCL 600.5807. The Court held that the statute of limitations barred the plaintiff's claim. Plaintiff Mill

Mar 2012
23
March 23, 2012

COA Opinion: Plaintiff's medical-malpractice claim is not limited by his estimation of its value during bankruptcy

In Szyszlo v Akowitz, No. 299570, the Court of Appeals concluded that at the time plaintiff filed his medical-malpractice suit, he was a real party in interest, even though he filed bankruptcy between the accrual of his claim and the filing of his lawsuit. The plaintiff avoided losing his interest during bankruptcy by claiming a valid exemptio

Mar 2012
22
March 22, 2012

MSC Order List: March 21, 2012

The Michigan Supreme Court reversed the Court of Appeals in Morgan v. General Motors and reinstated the decision of the Workers' Compensation Appellate Commission, reasoning that the Commission was correct when it held that the plaintiff could not recover benefits based on an injury date that he did not allege in his application. The Court

Mar 2012
21
March 21, 2012

COA Opinion: Defendant did not establish ineffective assistance of counsel claim under Strickland

In People v. Gioglio the Michigan Court of Appeals determined that Gioglio failed to establish a claim for ineffective assistance of counsel under the test stated by the United States Supreme Court in Strickland v Washington. The Strickland test requires the defendant to prove that his 'counsel's r

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