Graham v. Foster

873 N.W.2d 596, 499 Mich. 862

Opinion

The parties shall file supplemental briefs within 42 days of the date of this order addressing whether the Court of Appeals correctly held that a necessary-party defendant may be brought into a lawsuit after the expiration of the limitations period based on the relation-back doctrine. See Casserly v Wayne Circuit Judge, 124 Mich 157, 161 (1900), Prather Engineering Co v Detroit, F & S Ry Co, 152 Mich 582, 585 (1908); but see Miller v Chapman Contracting, 477 Mich 102, 105 (2007) (“the relation-back doctrine does not extend to the addition of new parties”). The parties should not submit mere restatements of their application papers.