J.R. Poll recently filed an amicus curiae brief on behalf of Michigan Defense Trial Counsel, Inc (MDTC) in the Michigan Supreme Court in the matter of Ottgen v Katranji, et al.  In Ottgen, the Michigan Supreme Court has been asked to consider overruling its 2000 opinion in Scarsella v Pollak which holds that a complete failure to file an affidavit of meritorious claim with a complaint alleging medical malpractice fails to commence an action or toll the statute of limitations.  The MDTC amicus brief contends that Scarsella was correctly decided and that stare decisis considerations support leaving the opinion undisturbed.

MDTC is a statewide association of attorneys whose primary focus is the representation of defendants in civil proceedings. MDTC was established in 1979 to enhance and promote the civil-defense bar. MDTC accomplishes that goal by facilitating dialogue among and advancing the knowledge and skills of civil defense lawyers. MDTC appears before the Court as a representative for Michigan’s civil defense lawyers and their clients, a significant portion of which could be affected by the issues involved in this case.

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