Legal Opinion · Concurrence

Bauserman v. Unemployment Ins. Agency

Michigan Supreme Court

Decided April 5, 2019No. 156389Published

1Concurrence

McCormack, C.J. (concurring).

**194I concur in the majority opinion. If MCL 600.6431(3)'s sixth-month notice period governs the plaintiffs' claims, it started to run when the state deprived the plaintiffs of a property interest without due process. I write separately, however, because I am not convinced that our strict-compliance rule from McCahan and Rowland for notice of statutorily created claims applies to a due-process claim in particular, or to constitutional tort claims at all. If a different standard governs a due-process claim, then Mr. Williams's claim might also survive. But since…

2Cases cited8 opinions

  1. Felder v. CaseySupreme Court of the United States · 1988
  2. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  3. Burnett v. GrattanSupreme Court of the United States · 1984
  4. Terry v. AndersonSupreme Court of the United States · 1877
  5. Rowland v. Washtenaw County Road CommissionMichigan Supreme Court · 2007

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