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IN RE CERTIFIED QUESTION FROM U.S. DIST. COURT

Docket No. 140263.

793 N.W.2d 560 (2010)

488 Mich. 1

In re CERTIFIED QUESTION FROM the UNITED STATES DISTRICT COURT FOR the EASTERN DISTRICT OF MICHIGAN. Karen Waeschle, individually and on behalf of others similarly situated, Plaintiffs, v. Oakland County Medical Examiner and Oakland County, Defendants.

Supreme Court of Michigan.

October 29, 2010.

Attorney(s) appearing for the Case

Dworken & Bernstein Co., L.P.A. (by Erik L. Walter and Patrick J. Perotti), and John H. Metz for plaintiffs.

Giarmarco, Mullins & Horton, P.C. (by William H. Horton and Elizabeth A. Favaro), Troy, and Keith J. Lerminiaux, for defendants.

Steven M. Jentzen, P.C. (by Steven M. Jentzen), Ypsilanti, for Amici Curiae the Michigan Association of Medical Examiners, the National Association of Medical Examiners, Wayne County, and the Michigan Association of Counties.

Daniel A. Ophoff, Corporate Counsel, Grand Rapids, for Kent County.

Kerr, Russell and Weber, PLC (by Joanne Geha Swanson and Daniel J. Schulte), Detroit, for the Michigan State Medical Society.

PER CURIAM.

The United States District Court for the Eastern District of Michigan certified the following question to this Court pursuant to MCL 7.305(B):

Assuming that a decedent's brain has been removed by a medical examiner in order to conduct a lawful investigation into the decedent's cause of death, do the decedent's next-of-kin have a right under Michigan law to possess the brain in order to properly bury or cremate the same after the brain is no longer...

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