Next Sunday is the official end of the Michigan Supreme Court’s 2010-2011 term. According to the court’s public information office, only eight cases on leave are due by that day. The eight, and what’s at stake [Summaries and briefs from Michigan Supreme Court public information office available at links provided]:
People v. Kowalski: This case deals with several issues related to the state’s evidence against a defendant charged with “accosting, enticing, or soliciting a minor for immoral purposes” and using a computer to commit said acts.”
Krohn v. Auto-Owners Insurance Co.: First-party no-fault auto case involving a plaintiff who sought experimental surgery in Portugal. Defendant said it would pay for physical therapy and testing for the surgery, but not the surgery itself because it was experimental. According to the briefs, the surgery greatly improved the plaintiff’s condition.
Previous MILW coverage: “Defining what’s reasonable: Plaintiff argues that Portugal procedure was reasonably necessary; insurer says no,” April 4, 2011
Driver v. Cardiovascular Clinic: This case deals with the applicability of Burton v. Reed City Hospital Corp. in light of Bush v. Shabahang. Burton said that a complaint filed before the 180-day post-Notice-of-Intent period expires is nullified, and doesn’t toll the limitations period. Bush said courts can allow plaintiffs to amend a defective Notice-of-Intent “in the furtherance of justice.”
Previous MILW coverage: “Courts struggle with application of Bush,” March 15, 2010
“A matter of timing: MSC considers malpractice case stuck in waiting period limbo,” March 21, 2011
People v. Huston: Sentence scoring issue concerning the vulnerability of the victim and whether it was sufficient to increase the defendant’s sentence.
Ligons v. Crittendon Hospital: Plaintiff’s medical malpractice action was dismissed by Court of Appeals, which ruled that the two affidavits of merit served on defendant lacked a “meaningful statement of causation.” Can plaintiff amend the affidavit of merit under Bush v. Shabahang?
Duffy v. Department of Natural Resources: Plaintiff was injured riding an ATV on Little Manistee Trail, which is on state land. Is the trail a highway under the Governmental Tort Liability Act?
Previous MILW coverage: “A road by any other name,” March 14, 2011.
Hamed v. Wayne County: Plaintiff was raped by a Wayne Count Sheriff’s deputy while in Wayne County Jail. Is the jail a “public accommodation” under the Michigan Eliott-Larson Civil Rights Act?
Previous MILW coverage: “County liable for deputy’s sexual assault on detainee,” July 20, 2009
People v. Bonilla-Machado: OV 13 sentence scoring is at issue here, along with ineffective assistance of counsel.
We’ll provide in-depth coverage and analysis of these opinions and others throughout August at Michigan Lawyers Weekly.
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