The Battle Creek Enquirer has a brief review of the 2009 Michigan Supreme Court term, its first since the shocking upset of longstanding and powerful former Chief Justice Cliff Taylor by current Justice Diane Hathaway in Nov. 2008. Referring to the court’s “major transformation,” the article notes that there were several 4-3 rulings in favor of plaintiffs in personal injury suits, rulings that typically went the other way under Taylor’s leadership.
“There have been a number of cases when the changing of the guard — the arrival of Justice Hathaway in place of Justice Taylor — made the difference,” said prominent Detroit appellate lawyer Mark Bendure, who often represents people suing companies for damages.
The article also notes that Justice Elizabeth Weaver, a moderate Republican, has fallen into a very similar role to that of Justice Anthony Kennedy on the U.S. Supreme Court, that of the court centrist who frequently casts the deciding vote in 4-3 rulings (5-4 rulings at the federal level).