Grand Blanc Landfill, Inc. v. Swanson Environmental, Inc., 136284
| Decision Date | 31 January 1995 |
| Docket Number | No. 136284,136284 |
| Citation | 528 N.W.2d 734,448 Mich. 859 |
| Parties | Grand Blanc Landfill, Inc. v. Swanson Environmental, Inc. NO. 97330. COA |
| Court | Michigan Supreme Court |
Prior Report: 200 Mich.App. 642, 500 N.W.2d 46.
Disposition: Leave to appeal is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals and REINSTATE the judgment of the Circuit Court.
In the instant case, we need not determine whether witness immunity is an affirmative defense such as the others listed in MCR 2.111(F)(3). Even if it were an affirmative defense, the Court of Appeals erred when it interpreted MCR 2.111(F)(3) as requiring that an affirmative defense be raised in the first responsive pleading or be waived. See Leite v. Dow Chemical Co., 439 Mich. 920, 478 N.W.2d 892 (1992) and the clarifying amendments set forth in 439 Mich. at cliv-clv (1992).
We do not retain jurisdiction.
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...Construction Corp. v. Michigan Bell Telephone Co., 454 Mich. 65, 70, 559 N.W.2d 647 (1997), and Grand Blanc Landfill Inc. v. Swanson Environmental Inc., 448 Mich. 859, 528 N.W.2d 734 (1995). For the reasons set forth below, we hold that the doctrine of primary jurisdiction is not a defense,......
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... ... See Grand Blanc Landfill, Inc v Swanson Environmental, Inc, ... ...