ELDER, M.D., PC v. GORDON, PLC

No. 359225.

997 N.W.2d 322 (2022)

343 Mich. App. 388

MAHIR D. ELDER, M.D., PC, Plaintiff, and Dr. Mahir Elder, Plaintiff-Appellant, v. DEBORAH L. GORDON, PLC, doing business as Deb Gordon Law and/or Deborah Gordon Law, and Deborah L. Gordon, Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 22, 2022, 9:00 a.m..


Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Harrington, PC (by Geoffrey N. Fieger , Southfield, and Sima G. Patel , Troy) for plaintiffs.

Maddin Hauser Roth & Heller, PC, Southfield (by Kathleen H. Klaus and Jesse L. Roth ) for defendants.

Before: Ronayne Krause, P.J., and Jansen and Swartzle, JJ.


As we explained in Tomasik v State, 327 Mich.App. 660, 681, 935 N.W.2d 369 (2019), "centuries of precedent" confirm that a judge cannot be compelled to testify or otherwise answer "on matters of judicial decision-making." Our Legislature has extended this prohibition to arbitrators, see MCL 691.1694, and this alone is fatal to...

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