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In Plachta v Plachta, ___ Mich App ___; ___ NW3d ___ (2026) (Docket No. 374260), the Michigan Court of Appeals confirmed what should have been settled law all along: a published opinion from 1975 carries the same precedential weight as one from 2015. The decision puts to rest a persistent myth that has circulated throughout Michigan trial courts for years—that pre-1990 published opinions of the Court of Appeals are somehow not binding or precedential.

The confusion seems to stem from amendments to the Michigan Court of Appeals’ administrative rules around 1990. Around that time, the Court clarified how opinions were designated for publication and explained the distinction between published and unpublished decisions. See MCR 7.215(B). The key distinction in the appellate court rules is not when an opinion was issued, but whether it was published.

And the confusion was not limited to the bar. The Court of Appeals itself contributed to the problem. In In re Stillwell Trust, 299 Mich App 289, 299 n 1 (2012), a panel stated that cases decided before November 1, 1990, “are not binding precedent.” As recently as 2023, in a published opinion, the Court said that pre-1990 cases “are not binding on this Court, but they may be considered for their persuasive value.” Reese v James, 348 Mich App 454, 461 n 4 (2023). In other words, this was not just a myth circulating among practitioners, it was a position endorsed by panels of the very Court whose opinions were at issue.

Importantly, Plachta clarified that while pre- and post-1990 published opinions carry the same precedential weight, the mechanism for departing from them differs. A published opinion issued on or after November 1, 1990, can only be overruled by the Michigan Supreme Court or by a special conflict panel. (A conflict panel is convened when a subsequent three-judge panel of the Court of Appeals concludes a published opinion is distinguishable or warrants reversal. MCR 7.215(C)(1), (2).) A published opinion issued before that date, however, may also be departed from by an ordinary three-judge panel of the Court of Appeals—but only if the panel concludes, through a stare decisis analysis, that the opinion is distinguishable or warrants reversal. Plachta, ___ Mich App at ___. That is a far cry from treating pre-1990 opinions as merely persuasive. A subsequent panel cannot simply ignore an older published decision; it must engage with the decision and articulate a principled basis for departing from it.

In Plachta, the Court emphasized that the doctrine of stare decisis provides the public with predictability in how courts interpret the law and ensures “consistency in the law.” Id.  To hold that a 1975 published Court of Appeals decision does not have the same import as a 2015 published opinion would therefore offend the doctrine of stare decisis. This is precisely why the appellate court rules recognize that “published opinion[s] of the Court of Appeals have precedential effect under the rule of stare decisis.” MCR 7.215(C)(2). This precedential effect is not diminished because an opinion was published before 1990.

For practitioners, Plachta carries a straightforward message: do not skip pre-1990 published opinions in your research, and do not treat them as merely persuasive when briefing issues to the court. If a pre-1990 published opinion supports your position, cite it with confidence—it is binding authority. If one cuts against you, you cannot dismiss it. You will need to engage with the decision and make a stare decisis argument for why it should be overruled. If a published opinion has not been overruled by a conflict panel or the Supreme Court, it is binding — regardless of when it was issued. It is time to retire the myth.

By Janelle Orange

This publication is intended for educational purposes only. This communication highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how the information applies to any specific situation.