Legal Opinion

Michelle Renee Fairley v. Department of Corrections

Michigan Supreme Court

Decided June 5, 2015No. Docket 149722 and 149940PublishedCited by 28 opinions

1Opinion of the Court

Memorandum Opinion. We consider in these consolidated cases whether a claimant’s failure to comply with the notice verification requirements of MCL 600.6431 provides a complete defense in an action against the state or one of its departments. We conclude that a notice lacking any indication that it was signed and verified before an officer authorized to administer oaths is defective and, contrary to the Court of Appeals’ conclusion, is a complete defense that may be raised at any time by a defendant entitled to governmental immunity. Accordingly, and in lieu of granting leave to appeal, we…

2Cases cited7 opinions

  1. Sun Valley Foods Co. v. WardMichigan Supreme Court · 1999
  2. Rowland v. Washtenaw County Road CommissionMichigan Supreme Court · 2007
  3. MacK v. City of DetroitMichigan Supreme Court · 2002
  4. McCAHAN v. BRENNANMichigan Supreme Court · 2012
  5. Spectrum Health Hospitals v. Farm Bureau Mutual Ins Co of MichiganMichigan Supreme Court · 2012

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3Cited by28 opinions

  1. Bauserman v. Unemployment Ins. AgencyMichigan Supreme Court · 2019
  2. Lawrence Russell v. City of DetroitMichigan Court of Appeals · 2017
  3. Progress Michigan v. Attorney GeneralMichigan Court of Appeals · 2018
  4. Adr Consultants LLC v. Michigan Land Bank Fast Track AuthorityMichigan Court of Appeals · 2019
  5. Ryan Harston v. County of EatonMichigan Court of Appeals · 2018

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