Elliott-Larsen Civil Rights Act (ELCRA); Employment discrimination; Race, color, & national origin; Claims against the state; Court of Claims Act (COCA); MCL 600.6431(1); Notice requirement; Sovereign immunity; Circuit court jurisdiction; Tyrrell v University of MI; Christie v Wayne State Univ; Retroactivity; Landin v Department of Health & Human Servs; Flamont v Department of Corrs; Hudson v Department of Corrs

The court held that plaintiff’s ELCRA claims against the state defendants were barred because he failed to comply with MCL 600.6431(1)’s notice requirement, and Christie applies retroactively. Plaintiff, a state trooper, sued in circuit court alleging he was denied promotions based on race, color, and national origin. When he filed the complaint, Tyrrell held that a circuit-court plaintiff did not need to comply with COCA’s notice provision, but Christie later overruled Tyrrell and held that “all parties with claims against the state” must comply with MCL 600.6431(1) unless expressly exempted. The court rejected plaintiff’s argument that Christie should not apply retroactively. It explained that after conflicting decisions in Landin and Flamont, the conflict-panel decision in Hudson overruled Landin and held that Christie applies retroactively “to all cases,” including those pending in circuit court while Tyrrell remained controlling. Because plaintiff conceded he did not file the required notice, the trial court properly granted summary disposition. Affirmed.