Rhoades McKee Files Amicus Brief Seeking To Protect Michigan Auto Accident Victims

Rhoades McKee attorney Stephen Hulst recently filed an amicus brief with the Michigan Supreme Court in the case of Andary v USAA.

The Andary case involves challenges to certain provisions of Michigan's no-fault reform law that was passed in June 2019. As part of the reform, the Michigan Legislature imposed new fee caps and limitations on the number of hours family members can provide care. The plaintiffs in Andary argued that these provisions could not retroactively apply to auto accident victims injured before June 2019 and that the new provisions were unconstitutional. The trial court in Andary disagreed with the plaintiffs, but the Michigan Court of Appeals reversed, issuing a published and binding decision on August 25, 2022, ruling that the new fee caps and limitations could not retroactively apply and are unconstitutional, in violation of the Contracts Clause.