Legal Opinion · Dissent

American Federation of State, County & Municipal Employees v. Highland Park Board of Education

Michigan Supreme Court

Decided April 21, 1998No. 104934, Calendar No. 14Published

1DissentWeaver, J.

Because I find that equity does not require tolling in this case where the plaintiffs had over five and one-half years to file their *99breach of contract claims, I dissent. I would hold that the Court of Appeals erred in reversing the trial court’s finding that plaintiff’s breach of contract action was time-barred.

i

I would hold that tolling is inappropriate either during the first four steps of the grievance process, or during the last step, nonbinding and permissive arbitration.1

A

The United States Supreme Court acknowledged that the federal rule regarding exhaustion of administrative remedies…

2Cases cited7 opinions

  1. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
  2. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corp.Supreme Court of the United States · 1966
  3. Bigelow v. WalravenMichigan Supreme Court · 1974
  4. Chase v. SabinMichigan Supreme Court · 1994
  5. Harris v. City of Allen ParkMichigan Court of Appeals · 1992

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