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Positive treatment
Trending · 59 recent citers
Contested · 15% via dissents
Quoted verbatim 2×
24.6 score
G Cite
cited 2× by 1 distinct case ·
…that a judge has at some time received a campaign contribution from a party, an attorney for a party, a law firm employing an attorney for a party, or a group having common interests with a party or an attorney, cannot reasonably require his or her disqualification.
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Treatment trajectory · 2006 → 2026 · click a year to view as-of
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Top citers, strongest first. 31 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Wersal v. Sexton
(2×)
that a judge has at some time received a campaign contribution from a party, an attorney for a party, a law firm employing an attorney for a party, or a group having common interests with a party or an attorney, cannot reasonably require his or her disqualification.
discussed
Cited as authority (quoted)
Simpson v. Simpson
here the standards governing disqualification have not been met, disqualification is not optional; rather, it is prohibited.
discussed
Cited as authority (rule)
Donald J Trump v. Board of State Canvassers
In our Court, a recusal leaves the Court shorthanded and, therefore, “deprives the public and litigants of the full collegial body that they have selected as the state’s court of last resort.” Id. at 1040.
discussed
Cited as authority (rule)
Italo M Parise v. Detroit Entertainment Llc
Had this $1000 donation been made directly to my campaign, it would have been within the limits established by Michigan law, and “[s]uch limits must be understood as clearly reflecting the Legislature’s, and the people’s, understanding that contributions in these amounts will not supply a basis for disqualification.” Adair v State, 474 Mich 1027, 1042 (2006).
discussed
Cited as authority (rule)
Anthony Pellegrino v. Ampco Systems Parking
(2×)
Id. at 1051 n 1 (statement of Corrigan, J.); id. at 1053 (statement of Young, J.). 3 See Laird v Tatum, 409 US 824, 837 (1972) (memorandum of Rehnquist, J.). 4 In re Aguinda, 241 F3d 194 , 201 (CA 2, 2001). 5 Justice Young claims that “it is not clear that the duty to sit even applies to collateral motions within cases before this Court.” This distinction is unsupported by any authority.
discussed
Cited as authority (rule)
Anthony Pellegrino v. Ampco Systems Parking
Therefore, after considering the instant motion for disqualification, I deny the motion because: (1) I have examined my conscience, and believe that I am able to accord fair and impartial treatment to plaintiff’s counsel and will, as I have always done, decide this case on its merits; (2) based on “objective and reasonable perceptions,” I do not believe that my participation in this case will produce a 5 “serious risk of actual bias impacting the due process rights of a party;” and (3) “based on objective and reasonable perceptions,” I do not believe my participation in this case…
examined
Cited as authority (rule)
Henry v. Dow Chemical Co.
(5×)
also: Cited "see", Cited "see, e.g."
Justice Weaver did not disclose the nature of her “business relationship” that warranted her recusal. 7 See Adair v State of Michigan, 474 Mich 1027, 1047 (2006) (statement of Weaver, J.).
examined
Cited as authority (rule)
Grievance Administrator v. Fieger
(7×)
also: Cited "see", Cited "see, e.g."
In another recent case, Adair v Michigan, 474 Mich 1027, 1040-1041 (2006), the majority of four lowered the threshold for a justice’s participation when faced with a motion for disqualification.
discussed
Cited as authority (rule)
in Re Honorable Michael J Haley
Having been the target of multiple motions for disqualification, it is understandable that the current majority prefers this approach and characterizes such accusations as “vague, subjective, and increasingly politically directed.” Adair, supra at 1039 (statement by Taylor, C.J., and Markman, J.).
discussed
Cited as authority (rule)
Grievance Administrator v. Fieger
(2×)
also: Cited "see"
Id. at 1053.
discussed
Cited as authority (rule)
In re Haley
Having been the target of multiple motions for disqualification, it is understandable that the current majority prefers this approach and characterizes such accusations as “vague, subjective, and increasingly politically directed.” Adair, supra at 1039 (statement by Taylor, C.
cited
Cited "see"
State v. Beasley
See Adair v. State, Dept. ofEdn., 474 Mich. 1027 , 1033-1034, 709 NW.2d 567 (2006).
cited
Cited "see"
Karen Marie Krake v. Auto Club Insurance Association
See Adair v State, 474 Mich 1027, 1029 ; 709 NW2d 567 (2006) (opinion by TAYLOR, C.J., and MARKMAN, J.).
cited
Cited "see"
Karen Marie Krake v. Auto Club Insurance Association
See Adair v State, 474 Mich 1027, 1029 ; 709 NW2d 567 (2006) (opinion by TAYLOR, C.J., and MARKMAN, J.).
cited
Cited "see"
in Re Executive Message (Brown v. Governor)
See Adair v Michigan, 474 Mich 1027 , 1036-37 (2006).
discussed
Cited "see"
State v. Jacobs
State v. Bradford, 618 N.W.2d 782, 798 (Minn.2000) (quotation omitted); see Adair v. State, Dept of Educ., 474 Mich. 1027 , 709 N.W.2d 567, 576 (2006) (noting that attorney general’s office, as prosecutor’s office in which justices’ spouses were employed, operated under “traditional credo” that office prevailed when “justice is done,” not merely when it won case).
discussed
Cited "see"
United States Fidelity & Guaranty Co. v. Michigan Catastrophic Claims Ass'n
(2×)
also: Cited "see, e.g."
See Adair, supra at 1028 n 1.
cited
Cited "see"
Hartford Ins Co of the Midwest v. Mich Catastrophic Claims Assn
See Adair, supra at 1028 n 1.
cited
Cited "see"
United States Fidelity Ins v. Michigan Catastrophic Claims Assn
See Adair, supra at 1028 n 1.
cited
Cited "see"
Citizens Protecting Michigan's Constitution v. Secretary of State
See Adair v Michigan, 474 Mich 1027 , 1051 (2006) (statement by Kelly, J.) I, Corbin R.
cited
Cited "see"
Caperton v. AT Massey Coal Co., Inc.
See generally Adair v. State, Department of Education, 474 Mich. 1027 , 709 N.W.2d 567 (2006). .
discussed
Cited "see, e.g."
Derrick Lashon Braddock v. Parole Board
See, e.g., Adair v State of Michigan, 474 Mich 1027, 1040 ; 709 NW2d 567 (2006) (“an even division . . . effectively rendering null and void the work of the Court and leaving intact lower court decisions . . . .”) (statement of Taylor, C.J., and Markman, J.); see also MCR 7.315(A) (“Except for affirmance of action by a lower court or tribunal by even division of the justices, a decision of the Court must be made by concurrence of a majority of the justices voting.”) But this case is not controlled by Robert’s Rules of Order.
discussed
Cited "see, e.g."
Commonwealth v. Duart
See, e.g., Adair v. State, 474 Mich. 1027, 1029-1030 (2006) (concluding recusal policy “that no judge can hear any case in which a party is represented by a law firm or a prosecutor’s office in which a relative of that judge is employed, even if that relative has no personal involvement in the case and stands to gain nothing materially by its outcome . . . constitutes an unfair and unwise policy”).
discussed
Cited "see, e.g."
Fieger v. Cox
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, (statement of Taylor, C.J., and Markman, J.); In re JK, 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
discussed
Cited "see, e.g."
Johnson v. Henry Ford Hosp.
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, (statement of Taylor, C.J., and Markman, J.); *516 In re JK, 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
discussed
Cited "see, e.g."
Tate v. City of Dearborn
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, (statement of Taylor, C.J., and Markman, J.); In re JK, 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
discussed
Cited "see, e.g."
State Auto. Mut. Ins. Co. v. Fieger
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, 709 N.W.2d 567 , (statement of Taylor, C.J., and Markman, J.); In re JK, 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
discussed
Cited "see, e.g."
Ansari v. Gold
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, (statement of Taylor, C.J., and Markman, J.); In re J.K., 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
discussed
Cited "see, e.g."
Short v. Antonini
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, (statement of Taylor, C.J., and Markman, J.); In re J.K., 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
discussed
Cited "see, e.g."
Flemister v. TRAVELING MEDICAL SERVICES, PC
See, e.g., Adair v. State of Michigan, 474 Mich. 1027, 1043 , 709 N.W.2d 567 (2006) (statement of Cavanagh, J.), 1029 n. 2, (statement of Taylor, C.J., and Markman, J.); In re JK, 468 Mich. 202, 220 , 661 N.W.2d 216 (2003) (statement of Weaver, J.).
Retrieving the full opinion text from the archive…
MEDALIST GOLF CLUB, L.L.C., f/k/a Medalist Golf Practice Facility, L.L.C., Plaintiff-Appellant,
v.
BANK ONE OF MICHIGAN, f/k/a NBD Bank, a Michigan Banking Corporation, Defendant-Appellee.
v.
BANK ONE OF MICHIGAN, f/k/a NBD Bank, a Michigan Banking Corporation, Defendant-Appellee.
129608.
Michigan Supreme Court.
Jan 30, 2006.
Published
Citer courts: Eighth Circuit (2) · Court of Appeals of South Caro… (1)
On order of the Court, the application for leave to appeal the May 16, 2005 order and the August 23, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.