Sunday, September 7, 2014
An important point to note about the Michigan Spine and Brain Surgeons decision, discussed in our last post: The case does not mean that a claimant will always prevail in a case filed against a no-fault carrier when a claim under the private cause of action and double damages provisions is included. What it means, as it stands now, is that the defendant will not be able to obtain early dismissal by way of summary judgment based on the "demonstrated responsibility" argument. A further point is that Bio-Medical Applications and Michigan Spine are binding as precedent only in Federal courts in Michigan. State courts are free to accept or disregard these rulings.