On Friday, April 24, 2009, the Michigan Supreme Court denied leave to appeal in five cases, denied a motion to waive fees in another case, and ordered oral argument on whether to grant leave the five cases discussed below. In each case, the Court gave the parties 42 days to submit supplemental briefing, all but guaranteeing that these arguments will occur in the Court’s 2009-2010 term.
Finally, the Court denied leave to appeal in VanSlembrouck v. Halperin, No. 135893, after hearing oral argument on whether to grant leave to appeal. In VanSlembrouck, a medical malpractice action, the parties addressed whether medical malpractice plaintiffs relying on the 10-years-of-age provision in MCL § 600.5851(7) are entitled to the benefit of the notice-of-intent tolling provision in MCL § 600.5856(c). The parties focused their arguments on whether MCL § 600.5851(7) is a savings provision, rather than a statute limitation. The Court’s denial of leave affirms the Court of Appeals’ decision that the plaintiffs are entitled to benefit from the tolling provision in MCL § 600.5856(c). Justices Corrigan, Markman, and Young dissented. This decision may be a harbinger of a relaxation of the Court’s jurisprudence strictly applying statutes of limitation. Our earlier post on VanSlembrouck is here. Read more »