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Res Judicata: MCR 2.116(C)(6) Dismissal is Not on the Merits. 2019 Amendment to One-Year-Back Rule Not Retroactive.

Motor Vehicle Litigation / March 23, 2021

A dismissal under MCR 2.116(C)(6) cannot provide the basis for summary disposition based on the doctrine of res judicata without decision on the merits.

The 2019 amendment to the one-year-back rule is not retroactive.

A trial court can properly deny plaintiff’s motion to transfer venue where the plaintiff alleged it resided in and defendant regularly conducted business in the county where he filed the complaint.

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