COWLES v. BANK WEST

Docket No. 127564. Calendar No. 4.

719 N.W.2d 94 (2006)

476 Mich. 1

Kristine COWLES, Plaintiff-Appellee, and Karen B. Paxson, Intervening Plaintiff-Appellee, v. BANK WEST, f/k/a Bank West FSB, Defendant-Appellant.

Supreme Court of Michigan.

July 27, 2006.


Attorney(s) appearing for the Case

Drew, Cooper & Anding (by John E. Anding and Christopher G. Hastings), Grand Rapids, for the plaintiffs.

Warner Norcross & Judd, L.L.P. (by William K. Holmes, Molly E. McManus, and John J. Bursch), Grand Rapids, for the defendant.


MICHAEL F. CAVANAGH, J.

The trial court in this class action dismissed intervening plaintiff Karen Paxson's claim against defendant Bank West under the Truth in Lending Act (TILA), 15 USC 1601 et seq., on the basis that it was barred by the statute of limitations. The Court of Appeals reversed, holding, among other things, that the period of limitations applicable to Paxson's claim was tolled under MCR 3.501(F) and that the claim was subject to the rule of...

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