Legal Opinion
Post v. Textron, Inc.
District Court, W.D. Michigan
Decided January 20, 1983No. G79-625 CAPublishedCited by 1 opinion
1Opinion of the Court
OPINION
BENJAMIN F. GIBSON, District Judge.
This is a personal injury action with diversity jurisdiction. The Court previously held that Michigan law prevented the defendants from raising the defense of comparative negligence in this ease. Defendants have now moved for reconsideration of that decision based upon a new opinion of the Michigan Supreme Court.
As noted in this Court’s earlier Opinion, 531 F.Supp. 45 (1981), a federal district court is bound in a diversity case to follow published decisions of intermediate state appellate courts in the absence of any opinion of the highest state…
2Cases cited5 opinions
- Funk v. General Motors Corp.Michigan Supreme Court · 1974
- Hardy v. Monsanto Enviro-Chem Systems, IncMichigan Supreme Court · 1982
- Tulkku v. MacKworth Rees Division of Avis Industries, IncMichigan Supreme Court · 1979
- Harold Ruth v. Bituminous Casualty CorporationCourt of Appeals for the Sixth Circuit · 1970
- Post v. Textron, Inc.District Court, W.D. Michigan · 1981
3Cited by1 opinion
- Kingston v. Markward & Karafilis, IncMichigan Court of Appeals · 1984