Michigan Court of Appeals; Docket #320288 and #322317; Unpublished
Judges Shaprio, Ronayne Krause, and Boonstra; per curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
TOPICAL INDEXING:
Medical Provider Standing (Post-Covenant)
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals remanded both cases before it for reconsideration in light of the Michigan Supreme Court’s holding in Covenant Med Ctr, Inc v State Farm Mut Auto Ins Co, 500 Mich 191; 895 NW2d 490 (2017). The Court found that Covenant abolished a medical provider’s independent statutory cause of action and it applied retroactively to both cases.
Both cases—No. 320288 and No. 322317—were remanded to the Court of Appeals after the Michigan Supreme Court’s ruling in Covenant. The Michigan Supreme Court did not decide if Covenant applied retroactively, but the Court of Appeals did find that it applied retroactively to cases pending on appeal. Thus, the Court found that Covenant applied to both cases and abolished standing for both medical providers. Case No. 322317 had the issue raised below, so the Court remanded the case back to the trial court to vacate the judgment and allow Plaintiff to try and establish standing. Case No. 320288 did not raise the issue of standing below, so the Court remanded the case to the trial court to determine standing.
“In Docket No. 322317, the issue was raised in the trial court by means of a motion for reconsideration. . . . [W]e hold that plaintiff lacks independent standing and remand for the trial court to enter an order dismissing any direct statutory claim. . . .The situation is different in Docket No. 320288 because the defendant did not seek summary disposition on the grounds of standing1 and the issue was not briefed on appeal. For these reasons, we conclude that the issue should be first be addressed by the trial court and so remand the case to the trial court.”
Thus, the Court remanded both cases to establish standing.
