Michigan Compiled Laws

Mich. Comp. Laws § 37.2802 (2026)

Costs of litigation.

✓ current as of July 2026
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ELLIOTT-LARSEN CIVIL RIGHTS ACT


Act 453 of 1976


37.2802 Costs of litigation.

Sec. 802.

    A court, in rendering a judgment in an action brought pursuant to this article, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

History: 1976, Act 453, Eff. Mar. 31, 1977

Notes of Decisions
Cited in 58 cases (6 in the last 5 years), 1981–2025 · leading case: Smith v. Khouri, 751 N.W.2d 472 (Mich. 2008).
Smith v. Khouri, 751 N.W.2d 472 (Mich. 2008). · cites it 2× “66, and the Michigan Civil Rights Act, MCL 37.2802, each of which involves reasonable attorney fees? And if today's rule only applies to MCR 2.”
Schellenberg v. Rochester, Michigan, Lodge No 2225 of the Benevolent & Prot. Order of Elks of the United States of Am., 577 N.W.2d 163 (Mich. Ct. App. 1998). · cites it 5× “MCL 37.2802; MSA 3.548(802); McLemore v Detroit Receiving Hosp, [ 196 Mich App 391 ; 493 NW2d 441 (1992).”
Rafferty v. Markovitz, 602 N.W.2d 367 (Mich. 1999). · cites it 4× “[MCL 37.2802; MSA 3.548(802).] MCR 2.403(O) provides that if a party has rejected a unanimous mediation evaluation and the case proceeds to verdict, the party must pay the opposing party's actual costs if both have rejected the evaluation and the verdict is more favorable to the…”
Theodore Cadwell v. City of Highland Park, 922 N.W.2d 639 (Mich. Ct. App. 2018). · cites it 5× “2d 441 , this Court has held that it is appropriate to consider caselaw interpreting MCL 37.2802 under the Elliott-Larsen Civil Rights Act because the language used in MCL 37.”
Rembert v. Ryan’s Fam. Steak Houses, Inc, 596 N.W.2d 208 (Mich. Ct. App. 1999). · cites it 4× “§§ 37.2802; 37.1606(3); M.S.A. §§ 3.548(802); 3.”
Dresselhouse v. Chrysler Corp., 442 N.W.2d 705 (Mich. Ct. App. 1989). · cites it 4× “Plaintiff, on the other hand, argued that mediation sanctions could not properly be imposed because she had improved her position by more than ten percent when considering the attorney fees payable to her from Chrysler, pursuant to the lower court’s judgment, and also allegedly…”
Matras v. Amoco Oil Co., 385 N.W.2d 586 (Mich. 1986). · cites it 2× “[1] The FEPA was subsequently repealed and its substantive provisions reenacted in the Civil Rights Act, MCL 37.”
King v. Gen. Motors Corp., 356 N.W.2d 626 (Mich. Ct. App. 1984). · cites it 3× “In post-trial proceedings, plaintiff moved for attorney fees under § 802 of the Elliott-Larsen Civil Rights Act, MCL 37.2802; MSA 3.548(802). The trial court denied the motion on the ground that attorney fees *307 should be awarded only where plaintiff could not otherwise have…”
Rasheed v. Chrysler Corp., 517 N.W.2d 19 (Mich. 1994). · cites it 2× “, simply permit "appropriate injunctive relief or damages, or both," MCL 37.”
McLemore v. Detroit Receiving Hosp. & Univ. Med. Ctr., 493 N.W.2d 441 (Mich. Ct. App. 1992). · cites it 3× “MCL 37.2802; MSA 3.548(802); MCR 2.625(F).”
Lease Acceptance Corp. v. Adams, 724 N.W.2d 724 (Mich. Ct. App. 2006). · cites it 2× “2d 182 (2000) (recognizing that the trial court may award reasonable attorney fees pursuant to the Civil Rights Act, MCL 37.2802, and that the decision is reviewed for an abuse of discretion), Featherston v.”
Meyer v. City of Ctr. Line, 619 N.W.2d 182 (Mich. Ct. App. 2000). · cites it 2× “Section 802 of the Civil Rights Act, MCL 37.2802; MSA 3.548(802), provides: A court, in rendering a judgment in an action brought pursuant to this article, may award all or a portion of the *576 costs of litigation, including reasonable attorney fees and witness fees, to the…”
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