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