A recent decision in Michigan further heightens the basis for understanding and using notice of claims provisions in defense of actions against a local government. In Michigan, a notice of claim must be filed as required by statute and sent to a person upon whom service may be made of a complaint. The city's law department includes provisions on its website that discuss filing claims. A Plaintiff contacted the law department about where to file a claim and was advised similarly to what's on the website to file with the law department's claims division. The Plaintiff's attorney did so, but doing so did not comply with the notice of claim statute. Failing to comply with the statute allows a local government to raise the immunity defense. Detroit did so in the case and the lower court allowed the claim based on equitable estoppel principles. The city appealed and the intermediate appellate court reversed concluding that the city cannot change the requirements of the statute, nor could the lower court. Failing to comply with the statute allowed the city's immunity defense. We'll have to see whether this one has legs at the state Supreme Court.
Wigfall v Detroit http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20171010_C333448_33_333448.OPN.PDF
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC
Support Houston! Come to our Annual Conference in beautiful downtown Houston -
October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at www.imla.orghttp://www.imla.org/
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A recent decision in Michigan further heightens the basis for understanding and using notice of claims provisions in defense of actions against a local government. In Michigan, a notice of claim must be filed as required by statute and sent to a person upon whom service may be made of a complaint. The city's law department includes provisions on its website that discuss filing claims. A Plaintiff contacted the law department about where to file a claim and was advised similarly to what's on the website to file with the law department's claims division. The Plaintiff's attorney did so, but doing so did not comply with the notice of claim statute. Failing to comply with the statute allows a local government to raise the immunity defense. Detroit did so in the case and the lower court allowed the claim based on equitable estoppel principles. The city appealed and the intermediate appellate court reversed concluding that the city cannot change the requirements of the statute, nor could the lower court. Failing to comply with the statute allowed the city's immunity defense. We'll have to see whether this one has legs at the state Supreme Court.
Wigfall v Detroit http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20171010_C333448_33_333448.OPN.PDF
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC
Support Houston! Come to our Annual Conference in beautiful downtown Houston -
October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at www.imla.org<http://www.imla.org/>
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