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Auslander v. Chernick

Supreme Court of Michigan
Oct 17, 2007
480 Mich. 910 (Mich. 2007)

Summary

In Auslander, this Court held that medical malpractice defendants have no obligation to plead affirmative defenses in response to a complaint that failed to comply with statutory prerequisites.

Summary of this case from Tyra v. Organ Procurement Agency of Mich.

Opinion

No. 134147.

October 17, 2007.

Court of Appeals No. 274079.


Reconsideration Granted October 17, 2007:

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals, for the reasons stated in the Court of Appeals dissenting opinion, and we remand this case to the Oakland Circuit Court for entry of a judgment granting the defendants' motion for summary disposition.

I would grant leave to appeal.


Summaries of

Auslander v. Chernick

Supreme Court of Michigan
Oct 17, 2007
480 Mich. 910 (Mich. 2007)

In Auslander, this Court held that medical malpractice defendants have no obligation to plead affirmative defenses in response to a complaint that failed to comply with statutory prerequisites.

Summary of this case from Tyra v. Organ Procurement Agency of Mich.
Case details for

Auslander v. Chernick

Case Details

Full title:AUSLANDER v. CHERNICK

Court:Supreme Court of Michigan

Date published: Oct 17, 2007

Citations

480 Mich. 910 (Mich. 2007)

Citing Cases

Tyra v. Organ Procurement Agency of Mich.

None of the affirmative defenses presented in this case were sufficient to raise the affirmative defense of…

Tyra v. Organ Procurement Agency of Mich.

The affirmative defenses presented in this case were not sufficient to raise the affirmative defense of…