Tags » Diane M. Hathaway

Plaintiff can’t amend NOI to add a party, MSC rules

A medical malpractice plaintiff can’t use Bush v. Shabahang and MCL 600.2301 to amend his notice of intent (NOI) to add a party to the lawsuit, the Michigan Supreme Court ruled. 812 more words

Plaintiff must show experimental medical procedure is effective in no-fault action

In the second-to-last Michigan Supreme Court decision of the term, the court has found that a first party no-fault plaintiff must show verifiable and objective medical evidence that an experimental procedure is effective in order to prevail. 772 more words

MSC: Affidavit of merit not a pleading, can’t be amended retroactively

Since it was decided in 2009, the Michigan Supreme Court’s decision in Bush v. Shabahang has been used by the Court of Appeals to allow plaintiffs to fix several different types of defects in medical malpractice-specific pleadings. 803 more words

Three MSC opinions in, five remain

The Michigan Supreme Court released opinions in three of the eight cases that remain pending for the 2010-2011 term.

All three opinions released yesterday were criminal cases. 320 more words

MSC decides not to deal with sidewalk notice to cities after all

In the April 12 issue of Michigan Lawyers Weekly, I previewed oral arguments in Mawri v City of Dearborn, a case which dealt with requirements of a claimant’s notice to a city of an injury caused by a sidewalk defect. 359 more words

Hathaway won't step away from Aceval case, Markman complains of delay

The wheels of justice almost never spin quickly, and in People v. Aceval (majority opinion) (concurring opinion), the pace may now be especially slow, according to Michigan Supreme Court Justice Stephen J. 980 more words

Michigan Supreme Court

The curious case of Hon. Benjamin H. Logan

A deal to resolve misconduct charges filed by the Judicial Tenure Commission against 61st District Court Judge Benjamin H. Logan may be on the rocks. 340 more words

Michigan Supreme Court