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FAIRLEY v. DEP'T OF CORRECTIONS

Docket Nos. 149722, 149940.

871 N.W.2d 129 (2015)

497 Mich. 290

FAIRLEY v. DEPARTMENT OF CORRECTIONS. Stone v. Michigan State Police.

Supreme Court of Michigan.

June 5, 2015.

Attorney(s) appearing for the Case

Speaker Law Firm, PLLC (by Steven A. Hicks and Liisa R. Speaker , Lansing), and Gursten Koltonow Gursten Christensen & Raitt, PC (by David E. Christensen , Southfield), for Michelle R. Fairley.

Kline Legal Group, PLC, Ann Arbor (by John Kenneth Kline and Elizabeth Kitchen-Troop ), for Lori L. Stone.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Matthew Schneider , Chief Legal Counsel, and Joseph T. Froehlich , Assistant Attorney General, for the Department of Corrections and the Michigan State Police.

MEMORANDUM OPINION.

We consider in these consolidated cases whether a claimant's failure to comply with the notice verification requirements of MCL 600.6431 provides a complete defense in an action against the state or one of its departments. We conclude that a notice lacking any indication that it was signed and verified before an officer authorized to administer oaths is defective and, contrary to the Court of Appeals' conclusion, is a complete defense that may...

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