Legal Opinion · Concurring in part, dissenting in part

Campbell v. Department of Human Services

Michigan Court of Appeals

Decided November 24, 2009No. Docket 281592Published

1Concurring in part, dissenting in partMurray, J.

I concur in the majority opinion’s holding that nothing within Garg v Macomb Co Community Mental Health Services, 472 Mich 263; 696 NW2d 646 (2005), amended 473 Mich 1205 (2005), or the three-year statute of limitations, MCL 600.5805(10), precludes plaintiff from bringing forward background evidence of allegedly discriminatory conduct directed towards her that occurred more than three years prior to the filing of the complaint, so long as it is otherwise admissible under the Michigan Eules of Evidence. The United States Supreme Court has held such “time-barred” evidence to be admissible as…

2Cases cited17 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  3. Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse ServicesCourt of Appeals for the Tenth Circuit · 1999
  4. Tom PIERCE, Plaintiff-Appellant, v. COMMONWEALTH LIFE INSURANCE COMPANY and Capital Holding Corporation, Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1994
  5. Ash v. Tyson Foods, Inc.Supreme Court of the United States · 2006

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