Legal Opinion
McKinstry v. Valley Obstetrics-Gynecology Clinic, PC
Michigan Supreme Court
Decided May 8, 1987No. Docket Nos. 77531, 78140, (Calendar Nos. 7-8)PublishedCited by 58 opinions
1Opinion of the CourtGriffin, J.
The two cases before us are representative of a conflict that exists in this state among courts as well as litigants. The principal issue is usually posed in terms of who must bear the "burden of proof’ in establishing the validity (or invalidity) of an arbitration agreement signed pursuant to the Medical Malpractice Arbitration Act, MCL 600.5040 et seq.; MSA 27A.5040 et seq. (MMAA).
Because the Legislature in fashioning the mmaa took pains to declare that an arbitration agreement which conforms to the statute’s requirements *173"shall be presumed valid,”1 we believe the underlying question may be…
2Cases cited56 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- Curtis v. LoetherSupreme Court of the United States · 1974
- Hi-Way Motor Co. v. International Harvester Co.Michigan Supreme Court · 1976
- Tuttle v. Department of State HighwaysMichigan Supreme Court · 1976
51 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Aft Michigan v. State of MichiganMichigan Supreme Court · 2015
- Palenkas v. Beaumont HospitalMichigan Supreme Court · 1989
- Zdrojewski v. MurphyMichigan Court of Appeals · 2003
- Morley v. Automobile Club of MichiganMichigan Supreme Court · 1998
- Woodman v. Kera LLCMichigan Supreme Court · 2010
53 more not listed; retrieve them via the Exa API.