By Alethia Kasben
Gongwer News Service
A Michigan Court of Appeals decision limiting the retroactivity of a Supreme Court ruling which required notice be given within a year of the claim for lawsuits against the state in any venue is no longer precedential, a conflict panel ruled Wednesday.
In Hudson v. Department of Corrections (COA Docket No. 367902), a conflict panel of seven judges considered multiple conflicting cases surrounding the notice requirement for lawsuits against the state.
State law requires a plaintiff suing the state to first file notice within one year of the date at which the claim accrued.
In 2020, the Court of Appeals, in Tyrell v. University of Michigan, ruled the law applied only to Court of Claims proceedings. It was overruled by the Supreme Court two and a half years later in Christie v. Wayne State University, when that court said the one-year rule applied in all venues – the Court of Claims and local circuit courts.
In 2024, the Court of Appeals issued three decisions on the retroactivity of the Christie decision, which is what the seven-judge conflict panel considered in its ruling Wednesday.
Flamont v. Department of Corrections found Christie had full retroactive effect. Landin v. Department of Health and Human Services held Christie did not apply retroactively to cases where the one-year notice period lapsed while Tyrell was still good law. And in Hudson, the panel wrote it was bound by Landin but noted the conflict with Flamont.
Under the opinion issued Wednesday, Landin will no longer have precedential effect and Flamont, which provides full retroactive effect for Christie, will remain binding.
The decision said court raised important questions in Landin but ruled that panel was "nevertheless bound by the Flamont panel."
Judge Allie Greenleaf Maldonado, Judge Michael Gadola, Judge Brock Swartzle, Judge Thomas Cameron, Judge James Redford and Judge Adrienne Young signed the majority opinion.
Judge Kathleen Feeney dissented, writing she would rule Flamont's analysis is incorrect and uphold Landin's decision on limited retroactivity.
Gongwer News Service
A Michigan Court of Appeals decision limiting the retroactivity of a Supreme Court ruling which required notice be given within a year of the claim for lawsuits against the state in any venue is no longer precedential, a conflict panel ruled Wednesday.
In Hudson v. Department of Corrections (COA Docket No. 367902), a conflict panel of seven judges considered multiple conflicting cases surrounding the notice requirement for lawsuits against the state.
State law requires a plaintiff suing the state to first file notice within one year of the date at which the claim accrued.
In 2020, the Court of Appeals, in Tyrell v. University of Michigan, ruled the law applied only to Court of Claims proceedings. It was overruled by the Supreme Court two and a half years later in Christie v. Wayne State University, when that court said the one-year rule applied in all venues – the Court of Claims and local circuit courts.
In 2024, the Court of Appeals issued three decisions on the retroactivity of the Christie decision, which is what the seven-judge conflict panel considered in its ruling Wednesday.
Flamont v. Department of Corrections found Christie had full retroactive effect. Landin v. Department of Health and Human Services held Christie did not apply retroactively to cases where the one-year notice period lapsed while Tyrell was still good law. And in Hudson, the panel wrote it was bound by Landin but noted the conflict with Flamont.
Under the opinion issued Wednesday, Landin will no longer have precedential effect and Flamont, which provides full retroactive effect for Christie, will remain binding.
The decision said court raised important questions in Landin but ruled that panel was "nevertheless bound by the Flamont panel."
Judge Allie Greenleaf Maldonado, Judge Michael Gadola, Judge Brock Swartzle, Judge Thomas Cameron, Judge James Redford and Judge Adrienne Young signed the majority opinion.
Judge Kathleen Feeney dissented, writing she would rule Flamont's analysis is incorrect and uphold Landin's decision on limited retroactivity.
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