Legal Opinion

McAuley v. General Motors Corp.

Michigan Supreme Court

Decided June 2, 1998No. 106915, Calendar No. 13PublishedCited by 136 opinions

1Opinion of the CourtCavanagh, J.

In this case, we are presented with the question whether a prevailing party is entitled to recover a second award of attorney fees under the mediation rule, MCR 2.403(0),1 where he has already been compensated for his reasonable attorney fees pursuant to a statutory provision. The Court of Appeals held that multiple awards in excess of a reasonable attorney fee are permissible where independent purposes are served by the provisions authorizing such awards. We agree; however, we find that the Court did not intend double recovery under the circumstances of this case when it enacted MCR 2.403.…

2Cases cited22 opinions

  1. Kay v. EhrlerSupreme Court of the United States · 1991
  2. Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
  3. Wood v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court · 1982
  4. Cardinal Mooney High School v. Michigan High School Athletic Ass'nMichigan Supreme Court · 1991
  5. Tryc v Michigan Veterans’ FacilityMichigan Supreme Court · 1996

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3Cited by136 opinions

  1. Townsend v. Sears, Roebuck and Co.Illinois Supreme Court · 2007
  2. People v. MoreyMichigan Supreme Court · 1999
  3. Donajkowski v. Alpena Power Co.Michigan Supreme Court · 1999
  4. Mike's Train House, Inc. v. Lionel, L.L.C., Korea Brass and Yoo Chan YangCourt of Appeals for the Sixth Circuit · 2006
  5. People of Michigan v. Stanley G DuncanMichigan Supreme Court · 2013

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