Michigan

Michigan’s lawmakers landed the ​state on the “Heat Watch” list ​due to a major shift following the

2022 elections, which flipped the balance ​of power in the state legislature. This ​emboldened the trial bar to push an ​aggressive liability-expanding agenda.

While it’s still early in the session, there are several ​pending bills that raise red flags for potential lawsuit ​abuse. Already, the legislature repealed Michigan's FDA ​Defense Law, removing important product liability ​protections for FDA-approved drugs and devices.

S.B. 410: Sponsored by Sen. Jeff Irwin (D)

General False Claims Act

H.B. 4398: Sponsored by Rep. Jasper Martus (D)

Data Privacy

S.B. 659: Sponsored by Sen. Rosemary Bayer (D)

Expanding Liability Against ​Regulated Entities & Professions

H.B. 5199: Sponsored by Rep. Helena Scotts (D)

H.B. 5200: Sponsored by Rep. Tullio Liberati (D)

H.B. 5201: Sponsored by Rep. Kelly Breen (D)

H.B. 5202: Sponsored by Rep. Will Snyder (D)

Bad Faith Legislation

S.B. 329: Sponsored by Sen. Jeff Irwin (D)

“Polluter Pay” and Medical Monitoring

S.B. 605: Sponsored by Sen. Jeff Irwin (D)

S.B. 606: Sponsored by Sen. Jeremy Moss (D)

S.B. 607: Sponsored by Sen. Stephanie Chang (D)

S.B. 608: Sponsored by Sen. Erika Geiss (D)

S.B. 609: Sponsored by Sen. Sean McCann (D)

S.B. 610: Sponsored by Sen. Sue Shink (D)

S.B. 611: Sponsored by Sen. Mallory McMorrow (D)

Paid Leave Mandate

S.B. 332 & S.B. 333: Sponsored by Sen. Erika Geiss (D)

2024 Legislative Session Adjournment:

December 31, 2024

Economic Impacts

of excessive tort costs

in Michigan annually

Tort Tax

$1,046

Per Person

97,167

jobs

lost

$10,496.7

Million

GDP Loss

2023-2024

Lansing, Michigan

Judicial Hellhole® – No. 6

• First Time Ever
  

The full impact of these ​proposed changes may not ​be clear until fall 2024, but ​the potential for increased ​litigation and associated ​costs to businesses and ​consumers is significant. ​Michigan's appearance on the ​Heat Watch list serves as a ​caution to lawmakers and ​citizens alike about the risks ​of expanding liability without ​careful consideration of the ​consequences.

Repeal of ​Michigan’s FDA ​Defense Law

S.B. 410 was signed into law ​by Gov. Gretchen Whitmer (D) ​on December 7, 2023.

Expansion of Liability for Drug

and Medical Device Manufacturers

This bill removes a long-standing protection for ​pharmaceutical companies and medical device ​manufacturers in Michigan, potentially leading to ​increased litigation and liability.

The bill repeals a 25-year-old law that gave significant ​weight to FDA approval in product liability cases ​involving drugs and medical devices. This protection ​was unique to Michigan. The plaintiffs' bar incorrectly ​portrayed the previous law as providing "absolute ​immunity" to manufacturers. In reality, it simply ​ensured that FDA expertise was considered in court ​decisions.

• Potential for Conflicting Standards: Without this ​protection, lawsuits may now claim a drug is unsafe ​or inadequately labeled even when the FDA has ​approved it, potentially creating conflicts between ​court decisions and FDA determinations.
  

• Increased Litigation Risk: The repeal opens the ​door for more lawsuits against drug and device ​manufacturers, even when they have complied with ​FDA regulations.
  

• Potential for Frivolous Lawsuits: Without the FDA defense, there may be an increase in lawsuits that ​challenge FDA-approved drugs and devices, even when manufacturers have followed all federal ​regulations.
  

• Attorney General Ready to Sue: Michigan's Attorney General Dana Nessel views this as an opportunity ​for increased litigation, stating shortly after the bill passed that she expects the law to aid her office’s ​litigation against drug manufacturers in the state.
  

Michigan's repeal of its FDA defense law is an unnecessary expansion of liability that is likely to have ​negative consequences for businesses as well as conflict with federal regulatory expertise.

Excused

Sponsored Bill to

Expand Liability