Michigan Supreme Court: Plaintiffs May Cure Real Party in Interest Defects Through Amendments or Rescissions
The Michigan Supreme Court held that both C-Spine Orthopedics, PLLC, and Wallace had standing to file their respective lawsuits, but they were not the real parties in interest at the time of filing because they had assigned their claims for personal protection insurance (PIP) benefits to third parties.
Michigan Court of Appeals Finds Trial Court Violated Language Access Rules, Delayed Minor's Special Immigrant Juvenile Status
The trial court violated MCR 1.111(B)(1) by 1) requiring Appellant to make multiple interpreter requests and 2) not allowing the present interpreter who qualified under MCR 1.111(F)(2) to be used. Furthermore, the Court of Appeals found that the record supports that it is not in DRRR’s best interests to return to Guatemala and should instead remain in Appellant’s custody in the United States.
MSC Adopts Framework For Applying Amended Court Rules, OKs Case-Evaluation Sanctions Under Old MCR 2.403
The trial court properly awarded case-evaluation sanctions under now-eliminated Michigan Court Rule 2.403(O) because it “had discretion to apply the former court rule” under Michigan Court Rule 1.102 “and did not abuse that discretion,” the Michigan Supreme Court has held.
Court of Appeals Holds Judicial Estoppel Applies to Daughter's Claim of Ownership, Not to Claim of Unjust Enrichment or Quantum Meruit
Judicial estoppel barred Plaintiff-Appellant's claims that depended on an ownership interest in the property, as she had previously denied such an interest in her bankruptcy petition. However, judicial estoppel did not preclude her claim for unjust enrichment or quantum meruit.
MSC Will Not Hear Frozen Embryo Case, Justice Urges Legislature To Take Action
The Michigan Supreme Court will not decide a dispute over a divorced couple’s cryogenically frozen embryo, saying it was “not persuaded” the justices should review the issues presented.
Michigan Supreme Court Rules Tolling Amendment To One-Year-Back Rule Does Not Apply Retroactively to Pre-Amendment No-Fault Claims
The tolling amendment to the one-year-back rule in the no-fault act at MCL 500.3145 does not apply to claims for services which accrued before its effective date, even if a lawsuit was filed after its effective date.
Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction
In this suit contesting the validity of a divorce judgment, the trial court correctly held that it did not have subject-matter jurisdiction and, as a result, properly granted the defendant’s motion for summary disposition, the Michigan Court of Appeals has ruled.