Hansen v. DEPARTMENT OF COMMUNITY HEALTH

Order Michigan Supreme Court Lansing, Michigan October 3, 2008 Clifford W. Taylor, Chief Justice 136283 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan BEN HANSEN, Robert P. Young, Jr. Plaintiff-Appellant, Stephen J. Markman, Justices v SC: 136283 COA: 278074 Ingham CC: 06-001033-CZ DEPARTMENT OF COMMUNITY HEALTH, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the March 13, 2008 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. CAVANAGH and KELLY, JJ., would grant leave to appeal. MARKMAN, J. (dissenting). I would reverse in part the judgment of the Court of Appeals and remand this case to the trial court for an evidentiary hearing concerning the appropriate amount of sanctions with respect to Counts I and II only. In my judgment, sanctions for Count III were inappropriate because that count was not barred by the statute of limitations and plaintiff’s legal position on this count was not “devoid of arguable legal merit.” MCL 600.2591(3)(a)(iii). YOUNG, J., joins the statement of MARKMAN, J. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 3, 2008 _________________________________________ p0930 Clerk