Legal Opinion · Concurring in part, dissenting in part

Feyz v. Mercy Memorial Hospital

Michigan Supreme Court

Decided June 24, 2006No. Docket 128059Published

1Concurring in part, dissenting in partCavanagh, J.

I concur with many of the results reached by the majority opinion. Specifically, I agree that, because MCL 331.5311 establishes qualified immunity for peer *692review entities and participants, there is no justification in this state for recognizing the judicial nonintervention doctrine. I also agree that the judicial nonintervention doctrine should not be applied to a private hospital’s general staffing decisions. I disagree, however, with the majority’s conclusion that the term “malice,” as used in MCL 331.531, should be defined under the principles of “actual malice” in accordance with…

2Cases cited5 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  3. Ford Motor Company v. City of WoodhavenMichigan Supreme Court · 2006
  4. J & J Construction Co. v. Bricklayers & Allied Craftsmen, Local 1Michigan Supreme Court · 2003
  5. Feyz v. Mercy Memorial HospitalMichigan Court of Appeals · 2005

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