Michigan Laws 333.26340 – Jurisdiction over claim; validity of proceedings or determinations; commencement of action
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(1) The court of claims has exclusive jurisdiction over a claim asserted against the state and arising out of or related to this act.
(2) The validity of the proceedings of, or the determinations made by, the state administrative board or the commission under this act are conclusive if not challenged by filing suit with the court of claims within 60 days after the action that is the subject of the suit is taken.
Terms Used In Michigan Laws 333.26340
- Commission: means the Michigan biologic products commission established by Executive Order 1995-25, pursuant to section 4 of article V of the state constitution of 1963, and by section 3b. See Michigan Laws 333.26333
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Institute: means the Michigan biologic products institute established by Executive Order 1995-25, pursuant to section 4 of article V of the state constitution of 1963, and by section 3a. See Michigan Laws 333.26333
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- State administrative board: means the state administrative board created under 1921 PA 2, MCL 17. See Michigan Laws 333.26333
(3) A person shall not bring or maintain an action related to a product manufactured by the institute or to recover damages for injuries to persons unless the action is commenced within 6 months after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims. A claim subject to this subsection accrues at the time the plaintiff or someone through whom the plaintiff claims discovered or should have discovered through reasonable diligence the existence of the claim or the injury that is the basis for the claim.