Legal Opinion · Dissent

In Re Certified Question From the United States Bankruptcy Court

Michigan Supreme Court

Decided October 20, 2006No. 130966Published

1DissentMarkman, J.

For the reasons set forth in my dissenting statement in In re Certified Questions (Melson v Prime Ins Syndicate, Inc), 472 Mich 1225, 1231 (2005), I believe that this Court, in refusing to answer the instant certified question, not only demonstrates a lack of comity with the certifying court but even more significantly contributes to the distortion of our system of judicial federalism by ceding responsibility for the interpretation of Michigan law and thereby diminishing the control of the people of Michigan over the development of their own law.

What makes this Court’s failure to carry out…

2Cases cited2 opinions

  1. In Re Certified Questions US Court of AppealsMichigan Supreme Court · 2005
  2. Central Ceiling & Partition, Inc. v. Department of CommerceMichigan Supreme Court · 2004

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