Van Til v Environmental Resources Management

Michigan Supreme Court No. 128283
COA No. 250539

January 13, 2006

Argument

I. At Common Law, a Trial Court is empowered to determine whether the facts establish its jurisdiction
II. Nothing in the Constitution or the Statutes changes the Common Law and deprives the courts of authority to determine their jurisdiction where the factual basis for jurisdiction relates to the existence of an employment relationship
III. The proposed rule raises serious problems with public policy and with practical application

Amicus Report
I. Trial Court Jurisdiction to Determine Existence of Employment Relationships
II. Limits on IMEs