United States Sixth Circuit
ROSKAM BAKING CO., INC. v. LANHAM MACH. CO., INC., 00-1570, 00-1578, 00-2385
Michigan Compiled Law section 600.5839(1), a "statute of repose" (SOR) applicable to professionals making improvements to real property, prevents a claim from ever arising and is not waivable as a mere affirmative defense; a Michigan court's determination that the SOR applied in a state case barred the district court from reconsidering the issue in a federal case.
Appellate Information
- Decided 05/03/2002
- Published 05/03/2002
Judges
Court
- United States Sixth Circuit