Legal Opinion · Dissent

Bezeau v. Palace Sports & Entertainment, Inc

Michigan Supreme Court

Decided July 31, 2010No. Docket 137500Published

1DissentYoung, J.

I dissent from the decision by the majority of justices to “overrule the retroactive effect of Karaczewski.”1 Having failed to identify any flaw in the analysis of Karaczewski, overruling the application of the case is simply a means of substan*479tively overruling Karaczewski without explicitly saying so. Karaczewski properly interpreted the plain language of MCL 418.845, and it was appropriately applied to the case at bar by the lower courts. Because the majority justices essentially render Karaczewski an advisory opinion, I dissent.

At the time of plaintiffs injury, MCL 418.845 provided:

The…

2Cases cited48 opinions

  1. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  2. Pohutski v. City of Allen ParkMichigan Supreme Court · 2002
  3. Neal v. United StatesSupreme Court of the United States · 1996
  4. Smith v. KhouriMichigan Supreme Court · 2008
  5. Devillers v. Auto Club Ins. Ass'nMichigan Supreme Court · 2005

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