Nelson v. Consumers Power Co.

I concur in the result reached by the majority, but write separately to express my belief that MCR 2.507(H) controls and provides all the necessary authority to enforce the settlement agreement in this case without disturbing well-established precedent and without unnecessarily inviting additional litigation.

The majority opinion adopts the reasoning of Capital Dredge & Dock Corp v Detroit, 800 F2d 525 (CA 6, 1986), and creates a new rule of law recognizing apparent authority of an attorney to bind a client in the context of settlement negotiations. The dissent in Capital Dredge points out…