Mich. Comp. Laws » Michigan Compiled Laws / Chapter 484 / Act 179 of 1991
Michigan Compiled Laws

Mich. Comp. Laws § 484.2209 (2026)

Awarding costs to prevailing party where frivolous position taken in proceeding; “frivolous” and “prevailing party” defined.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

MICHIGAN TELECOMMUNICATIONS ACT


Act 179 of 1991


484.2209 Awarding costs to prevailing party where frivolous position taken in proceeding; “frivolous” and “prevailing party” defined.

Sec. 209.

    (1) If the commission finds that a party's position in a proceeding under this act was frivolous, the commission shall award to the prevailing party the costs, including reasonable attorney fees, against the nonprevailing party and their attorney.

    (2) As used in this section:

    (a) "Frivolous" means that at least 1 of the following conditions is met:

    (i) The party's primary purpose in initiating the proceeding or asserting the defense was to harass, embarrass, or injure the prevailing party.

    (ii) The party had no reasonable basis to believe that the facts underlying that party's legal position were true.

    (iii) The party's legal position was devoid of arguable legal merit.

    (b) "Frivolous" does not mean a complaint filed to challenge a rate alteration increase for basic local service if the complaint has been reviewed by the commission and has not been dismissed by the commission pursuant to section 203(2).

    (c) "Prevailing party" means a party who wins in the proceeding.

History: 1991, Act 179, Eff. Jan. 1, 1992

Notes of Decisions
Cited in 6 cases, 1999–2004 · leading case: In Re Michigan Cable Telecomm. Ass'n Complaint, 609 N.W.2d 854 (Mich. Ct. App. 2000).
Sort: Relevance Newest Treatment
In Re Michigan Cable Telecomm. Ass'n Complaint, 609 N.W.2d 854 (Mich. Ct. App. 2000). “1469(601), empowers the PSC to make whole ratepayers and others who have suffered an economic loss, but does not confer on the PSC the authority to award attorney fees.”
In Re Complaint of Southfield Against Ameritech Michigan, 599 N.W.2d 760 (Mich. Ct. App. 1999). “Subsection 209(1), MCL 484.2209(1); MSA 22.1469(209)(1), authorizes the PSC to award to the prevailing party its costs, “including reasonable attorney fees,” if the opposing party’s position was frivolous.”
In Re Martinez Complaint, 649 N.W.2d 403 (Mich. Ct. App. 2002). “Next, Qwest argues that the mpsc clearly erred in finding Qwest’s defenses to be frivolous under § 209 of the mta, MCL 484.2209, warranting an award of costs, including reasonable attorney fees, to Mr.”
In Re Canales Complaint, 637 N.W.2d 236 (Mich. Ct. App. 2001). “Section 209 of the MTA, MCL 484.2209, states in relevant part: (1) If the commission finds that a party’s position in a proceeding under this act was frivolous, the commission shall award to the prevailing party the costs, including reasonable attorney fees, against the…”
In Re Complaint of Bierman Against Centurytel of Michigan, Inc, 627 N.W.2d 632 (Mich. Ct. App. 2001). “While *369 subsection 209(1) of the MTA, MCL 484.2209(1), authorizes the commission to award to the prevailing party its costs, “including reasonable attorney fees,” if the opposing party’s position was frivolous, the commission’s opinion and order in this case contained no…”
City of Dearborn v. Ins. Co. of Pennsylvania, 119 F. App'x 710 (6th Cir. 2004). “Act, Mich. Comp. Laws § 484.2209 (1) (“If the [Michigan Public Service Commission] finds that a party’s position was frivolous, the commission shall award to the prevailing party the costs, including reasonable attorney fees, against the nonprevailing party and their attorney.”
— Mich. Comp. Laws § 484.2209(1) — 3 cases
In Re Michigan Cable Telecomm. Ass'n Complaint, 609 N.W.2d 854 (Mich. Ct. App. 2000). “1469(601), empowers the PSC to make whole ratepayers and others who have suffered an economic loss, but does not confer on the PSC the authority to award attorney fees.”
In Re Complaint of Southfield Against Ameritech Michigan, 599 N.W.2d 760 (Mich. Ct. App. 1999). “Subsection 209(1), MCL 484.2209(1); MSA 22.1469(209)(1), authorizes the PSC to award to the prevailing party its costs, “including reasonable attorney fees,” if the opposing party’s position was frivolous.”
In Re Complaint of Bierman Against Centurytel of Michigan, Inc, 627 N.W.2d 632 (Mich. Ct. App. 2001). “While *369 subsection 209(1) of the MTA, MCL 484.2209(1), authorizes the commission to award to the prevailing party its costs, “including reasonable attorney fees,” if the opposing party’s position was frivolous, the commission’s opinion and order in this case contained no…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.