Legal Opinion

Phillips v. Mirac, Inc

Michigan Supreme Court

Decided July 6, 2004No. Docket 121831PublishedCited by 108 opinions

1Opinion of the CourtTaylor, J.

In this case, we granted leave to appeal to consider whether MCL 257.401(3), which caps the amount of a lessor’s liability in motor vehicle leases of thirty days or less, violates plaintiffs rights under the Michigan Constitution to a jury trial,1 equal protection,2 or due process.3 We hold that this damages cap does not implicate plaintiffs right to a jury trial, and does not violate her rights to equal protection or due process. Therefore, we affirm the Court of Appeals decision that the statute is constitutional.

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Regeana Diane Hervey died in an automobile accident while a passenger in a…

2Cases cited48 opinions

  1. Plyler v. DoeSupreme Court of the United States · 1982
  2. Palko v. ConnecticutSupreme Court of the United States · 1937
  3. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  4. Nebbia v. New YorkSupreme Court of the United States · 1934
  5. Lochner v. New YorkSupreme Court of the United States · 1905

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3Cited by108 opinions

  1. Rowland v. Washtenaw County Road CommissionMichigan Supreme Court · 2007
  2. Trentadue v. Buckler Automatic Lawn Sprinkler CompanyMichigan Supreme Court · 2007
  3. Cameron v. Auto Club Ins. Ass'nMichigan Supreme Court · 2006
  4. Aft Michigan v. State of MichiganMichigan Supreme Court · 2015
  5. Meyer & Anna Prentis Family Foundation, Inc. v. Barbara Ann Karmanos Cancer InstituteMichigan Court of Appeals · 2005

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