Legal Opinion · Concurrence

Doe v. Department of Corrections

Michigan Court of Appeals

Decided March 19, 2002No. Docket 200810Published

1ConcurrenceHoekstra, P.J.

('concurring). I agree with the majority’s conclusion that § 301 is prospective in application and join in its reasoning in all but part in c of its opinion. I write separately to express my opinion on the application of the “first rule” from In re Certified Questions (Karl v Bryant Air Conditioning Co), 416 Mich 558, 570-571; 331 NW2d 456 (1982).

The first rule poses the following query: “is there specific language in the new act which states that it should be given retrospective or prospective application.” Id. at 570. In considering the promulgating lan*64guage of 1999 PA 201, I look for…

2Cases cited5 opinions

  1. Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
  2. In Re Certified QuestionsMichigan Supreme Court · 1982
  3. Frank W Lynch & Co v. Flex Technologies, IncMichigan Supreme Court · 2001
  4. Karl v. Bryant Air Conditioning Co.Michigan Supreme Court · 1982
  5. Travis v. PrestonMichigan Court of Appeals · 2001

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