Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.6440 (2026)

Court of claims; remedy in federal court as bar to jurisdiction.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.6440 Court of claims; remedy in federal court as bar to jurisdiction.

Sec. 6440.

    No claimant may be permitted to file claim in said court against the state nor any department, commission, board, institution, arm or agency thereof who has an adequate remedy upon his claim in the federal courts, but it is not necessary in the complaint filed to allege that claimant has no such adequate remedy, but that fact may be put in issue by the answer or motion filed by the state or the department, commission, board, institution, arm or agency thereof.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1974–2023 · leading case: Wayside Church v. Van Buren Cnty., 847 F.3d 812 (6th Cir. 2017).
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Wayside Church v. Van Buren Cnty., 847 F.3d 812 (6th Cir. 2017). · cites it 2× “at 410 (quoting Mich. Comp. Laws § 600.6440 ).) Based on this analysis, the court concluded that the claim was ripe for review under the Williamson County test.”
O’connell v. Dir. of Elections, 891 N.W.2d 240 (Mich. Ct. App. 2016). “, MCL 600.6440, which provides: No claimant may be permitted to file claim in said court against the state nor any department, commission, board, institution, arm or agency thereof who has an adequate remedy upon his claim in the federal courts, but it is not necessary in the…”
Duncan v. State, 774 N.W.2d 89 (Mich. Ct. App. 2009). · cites it 2× “6419a] and [MCL 600.6440], the jurisdiction of the court of claims, as conferred upon it by this chapter, shall be exclusive.”
Ewing v. Bd. of Regents of the Univ. of Michigan, 552 F. Supp. 881 (E.D. Mich. 1982). · cites it 4× “§ 600.6440, part of Michigan’s Court of Claims Act, must be read to establish waiver in the federal courts.”
Silverman v. Univ. of Michigan Bd. of Regents, 516 N.W.2d 54 (Mich. 1994). · cites it 2× “6419(1)] and [MCL 600.6440; MSA 27A.6440], the jurisdiction of the court of claims, as conferred upon it by this chapter, shall be exclusive.”
River Inv. Grp. LLC v. Casab, 797 N.W.2d 1 (Mich. Ct. App. 2010). “The state administrative board is hereby vested with discretionary authority upon the advice of the attorney general, to hear, consider, determine, and allow any claim against the state in an amount less than $1,000.00. Any claim so allowed by the state administrative board…”
Will v. Dep't of Civil Serv., 377 N.W.2d 826 (Mich. Ct. App. 1985). · cites it 2× “The Court of Claims was created, and its jurisdiction defined, in 1939 by the following provision, which has remained intact to the present: "The court has power and jurisdiction: "(a) To hear and determine all claims and demands, liquidated and unliquidated, ex contractu and ex…”
Lowery v. Dep't of Corr., 380 N.W.2d 99 (Mich. Ct. App. 1985). “The Court of Claims was in error when it held that it was divested of jurisdiction by MCL 600.6440; MSA 27A.6440. This provision bars an action in the Court of Claims if the claimant has an adequate remedy in federal court.”
Mooahesh v. Dep't of Treasury, 492 N.W.2d 246 (Mich. Ct. App. 1992). “6419a and MCL 600.6440; MSA 27A.6440], the jurisdiction of the court of claims, as conferred upon it by this chapter, shall be exclusive.”
Coalition of Michigan Nursing Homes, Inc. v. Dempsey, 537 F. Supp. 451 (E.D. Mich. 1982). “§ 600.6440 (remedy in federal court as bar to jurisdiction).”
Gordon v. Sadasivan, 373 N.W.2d 258 (Mich. Ct. App. 1985). · cites it 2× “Section 6440 provides: "No claimant may be permitted to file claim in said court against the state nor any department, commission, board, institution, arm or agency thereof who has an adequate remedy upon his claim in the federal courts, but it is not necessary in the complaint…”
Crider v. State, 313 N.W.2d 367 (Mich. Ct. App. 1981). “It provides: "(1) Except as provided in section 6440 [MCL 600.6440; MSA 27A.6440], the jurisdiction of the court of claims as conferred upon it by this chapter over claims and demands against the state or any of its departments, commissions, boards, institutions, arms or…”
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