Abela v. Gen. Motors Corp., 677 N.W.2d 325 (Mich. 2004). · Go Syfert
Abela v. Gen. Motors Corp., 677 N.W.2d 325 (Mich. 2004). Cases Citing This Book View Copy Cite
811 citation events (811 in the last 25 years) across 13 distinct courts.
Strongest positive: People of Michigan v. David Allan Lucynski (mich, 2022-07-26)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) People of Michigan v. David Allan Lucynski (2×) also: Cited "see"
Mich. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (verbatim quote) People of Michigan v. David Allan Lucynski (2×) also: Cited "see"
Mich. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (verbatim quote) People of Michigan v. David Allan Lucynski (2×) also: Cited "see"
Mich. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (verbatim quote) in Re Petition of Attorney General for Subpoenas
Mich. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
although state courts are bound by the decisions of the united states supreme court construing federal law . . . there is no similar obligation with respect to decisions of the lower federal courts.
discussed Cited as authority (verbatim quote) Pachal v. Bugreeff
D. Mont. · 2020 · quote attribution · 1 verbatim quote · confidence high
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) Joel Bogorad v. Otis Elevator Company (2×) also: Cited "see"
Mich. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) 20231214_C365076_43_365076.Opn.Pdf
Mich. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) People of Michigan v. Jerome Jamal Duckwyler (2×) also: Cited "see"
Mich. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) Timothy Lennon v. Edward G Lennon (2×) also: Cited "see"
Mich. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) People of Michigan v. Robert Lee Parney (2×) also: Cited "see, e.g."
Mich. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
although state courts are bound by the decisions of the united states supreme court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts.
discussed Cited as authority (quoted) People of Michigan v. Robert Lee Parney (2×) also: Cited "see, e.g."
Mich. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
although state courts are bound by the decisions of the united states supreme court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts.
discussed Cited as authority (quoted) People of Michigan v. Tristen Scott Reyes (2×) also: Cited "see, e.g."
Mich. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
although state courts are bound by the decisions of the united states supreme court construing federal law, there is no similar obligation with respect to decisions to the lower federal courts.
discussed Cited as authority (quoted) People of Michigan v. David Mark Parrott
Mich. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) People of Michigan v. David Mark Parrott
Mich. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) Carlos Bell v. Civil Service Commission (2×) also: Cited "see"
Mich. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) Marlon Carter v. Michigan State Police (2×) also: Cited "see"
Mich. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) Jill White v. Diva Nails LLC (2×) also: Cited "see"
Mich. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) Kristopher William Robert Wilson v. Brk Inc (2×) also: Cited "see"
Mich. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) People of Michigan v. Mark Anthony Varner (2×) also: Cited "see"
Mich. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
discussed Cited as authority (quoted) People of Michigan v. Benjamin Keith McKewen (2×) also: Cited "see"
Mich. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
examined Cited as authority (quoted) People of Michigan v. Benjamin Keith McKewen (2×)
Mich. Ct. App. · 2018 · quote attribution · 2 verbatim quotes · confidence low
although lower federal court decisions may be persuasive, they are not binding on state courts.
examined Cited as authority (quoted) Pellegrino v. AMPCO SYSTEM PARKING (4×) also: Cited "see"
Mich. · 2010 · quote attribution · 3 verbatim quotes · confidence low
tate courts are bound by the decisions of the united states supreme court construing federal law ....
examined Cited as authority (rule) In Re Ryan Douglas Harder (4×)
Mich. Ct. App. · 2025 · confidence medium
Id. at 392.
cited Cited as authority (rule) Carrie Pueblo v. Rachel Haas
Mich. · 2023 · confidence medium
Abela v Gen Motors Corp, 469 Mich 603, 606 [; 677 NW2d 325 ] (2004).
cited Cited as authority (rule) Pratt v. KSE Sportsman Media, Inc.
E.D. Mich. · 2022 · confidence medium
Motors Corp., 677 N.W.2d 325, 327 (Mich. 2004).
examined Cited as authority (rule) Angelo E Iafrate Jr v. Angelo Iafrate Inc (3×)
Mich. Ct. App. · 2022 · confidence medium
“Although lower federal court decisions may be persuasive, they are not binding on state courts.” Abela v General Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). -7- settled that a course of affirmative conduct, particularly coupled with oral or written representations, can amount to waiver.” Id. at 379.
examined Cited as authority (rule) Angelo E Iafrate Jr v. Angelo Iafrate Inc (3×)
Mich. Ct. App. · 2022 · confidence medium
“Although lower federal court decisions may be persuasive, they are not binding on state courts.” Abela v General Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). -7- settled that a course of affirmative conduct, particularly coupled with oral or written representations, can amount to waiver.” Id. at 379.
cited Cited as authority (rule) LAVEAU CERVALIN VS. UNIVERSAL GLOBAL, INC. (L-1085-20, HUDSON COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
Motors Corp., 677 N.W.2d 325, 327-28 (Mich. 2004); and In re Am.
cited Cited as authority (rule) People of Michigan v. Laricca Seminta Mathews
Mich. · 2020 · confidence medium
Abela v Gen Motors Corp, 469 Mich 603, 606 (2004).
discussed Cited as authority (rule) People of Michigan v. Nicholas James Patton (2×) also: Cited "see"
Mich. Ct. App. · 2018 · confidence medium
Similarly, the same could be said for 3 “Although state courts are bound by the decisions of the United States Supreme Court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts.” Abela, 469 Mich at 606 (citation omitted).
discussed Cited as authority (rule) Loretta Gayle Galea v. Fca US LLC
Mich. Ct. App. · 2018 · confidence medium
Persuaded by these analyses of the federal courts of appeals, we conclude that plaintiffs’ agreement with defendant to address the warranty claim through defendant’s dispute resolution process, including mandatory arbitration, is enforceable. [Abela, 469 Mich at 607 (emphasis added).] This paragraph, and the highlighted portion in particular, do not support (or even speak to) the proposition advanced by the majority.
discussed Cited as authority (rule) Loretta Gayle Galea v. Fca US LLC
Mich. Ct. App. · 2018 · confidence medium
Persuaded by these analyses of the federal courts of appeals, we conclude that plaintiffs’ agreement with defendant to address the warranty claim through defendant’s dispute resolution process, including mandatory arbitration, is enforceable. [Abela, 469 Mich at 607 (emphasis added).] This paragraph, and the highlighted portion in particular, do not support (or even speak to) the proposition advanced by the majority.
cited Cited as authority (rule) Retail Works Funding LLC v. Tubby's Sub Shops Inc
Mich. Ct. App. · 2017 · confidence medium
Id. at 430.
cited Cited as authority (rule) Retail Works Funding LLC v. Tubby's Sub Shops Inc
Mich. Ct. App. · 2017 · confidence medium
Id. at 430.
cited Cited as authority (rule) Jones v. General Motors Corp.
D. Ariz. · 2009 · confidence medium
Motors Corp., 469 Mich. 603 , 677 N.W.2d 325, 327 (2004); McDaniel v. Gateway Computer Corp., No. 04CA12, 2004 WL 2260497 , at *3 (Ohio Ct.App.
discussed Cited as authority (rule) Rdm Holdings, Ltd v. Continental Plastics Co
Mich. Ct. App. · 2008 · confidence medium
Abela, supra at 605-606. 9 Any suggestion by plaintiffs that there was no final decision on the merits because the bankruptcy court never determined whether there were fraudulent conveyances or other wrongful acts lacks logic.
cited Cited as authority (rule) Carnival Corp. v. Carlisle
Fla. · 2007 · confidence medium
Motors Corp., 469 Mich. 603 , 677 N.W.2d 325, 327 (2004), cert. denied, 543 U.S. 870 , 125 S.Ct. 98 , 160 L.Ed.2d 117 (2004).
discussed Cited as authority (rule) City of Coeur D'Alene v. Simpson (2×)
Idaho · 2006 · confidence medium
As noted by the Michigan Supreme Court, "Although state courts are bound by the decisions of the United States Supreme Court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts." Abela v. General Motors Corp., 469 Mich. 603 , 677 N.W.2d 325, 327 (Mich.2004).
discussed Cited "see" People of Michigan v. William Dale Gault
Mich. Ct. App. · 2025 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). 3 While defendant’s minor son acknowledged only hearing the conversations and not participating in them, the prosecutor noted that the women were his “ride.” Defendant does not separately address his minor son also being removed from the courtroom. -5- Defendant argues that the trial court failed to consider any alternatives to removing the three persons from the courtroom, for example, giving a warning that “future loud conversations would result in removal,” or moving “the three spectators farther away from the…
cited Cited "see" Corlis E Brown-Lloyd v. Hamtramck Public Schools
Mich. Ct. App. · 2024 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004); Northville Pub Sch v Mich Civil Rights Comm, 118 Mich App 573, 576 ; 325 NW2d 497 (1982).
cited Cited "see" 20241122_C371299_39_371299.Opn.Pdf
Mich. Ct. App. · 2024 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 606-607 ; 677 NW2d 325 (2004).
cited Cited "see" Liliya Komendat v. Andrew Gifford
Mich. Ct. App. · 2024 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 606-607 ; 677 NW2d 325 (2004); Hill v City of Warren, 276 Mich App 299, 314 ; 740 NW2d 706 (2007).
cited Cited "see" Glorycrest Carpenter Road Inc v. Adams Outdoor Advertising Limited
Mich. Ct. App. · 2024 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 606 ; 677 NW2d 325 (2004). -9- rights and obligations under the lease with Adams Outdoor.
discussed Cited "see" Spectrum Health Hospitals v. State Farm Mutual Automobile Ins Co
Mich. Ct. App. · 2024 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). -3- Finally, plaintiffs challenge the trial court’s determination that, if plaintiffs were entitled to double damages, the measure of such damages would be the Aetna payment.
cited Cited "see" Cleveland Stegall v. Resource Technology Corporation
Mich. · 2024 · signal: see · confidence high
See generally Abela v Gen Motors Corp, 469 Mich 603, 606 ; 677 NW2d 325 (2004).
cited Cited "see" People of Michigan v. Daniel Albert Loew
Mich. · 2024 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004).
discussed Cited "see" 23771 Blackstone LLC v. Conifer Insurance Company
Mich. Ct. App. · 2023 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). -4- issued a fire insurance policy after an insurance agent mistakenly represented on the defendant’s application that the property had an automatic sprinkler system.
discussed Cited "see" Quentin White v. Henry Ford MacOmb Hospital Corporation (2×) also: Cited "see, e.g."
Mich. Ct. App. · 2023 · signal: see · confidence high
See id. (quoting language from 65 Fed Reg at 82,577 indicating that HHS did “not intend to affect the fees that covered entities charge for providing protected health information to anyone other than the individual.”).
cited Cited "see" People of Michigan v. Varien Marcelle Bennett
Mich. Ct. App. · 2022 · signal: see · confidence high
See Abela v GMC, 469 Mich 603, 606-607 ; 677 NW2d 325 (2004). -2- judge who did not take his guilty plea.
discussed Cited "see" Pinebrook Warren LLC v. City of Warren
Mich. Ct. App. · 2022 · signal: see · confidence high
See Abela v Gen Motors Corp, 469 Mich 603, 606-607 ; 677 NW2d 325 (2004). -28- (setting the maximum number of provisioning centers and then stating that the City has no obligation to issue licenses and further providing that the City can issue them “whenever they want”).
Retrieving the full opinion text from the archive…
Abela
v.
General Motors Corporation
Docket 124375.
Michigan Supreme Court.
Apr 7, 2004.
677 N.W.2d 325
Miller Shea, P.L.L.C. (by E. Powell Miller and Marc L. Newman), Consumer Legal Services, P.C. (by Christopher M. Lovasz and Mark Romano), and Trial Lawyers for Public Justice, P.C. (by F. Paul Bland, Jr. and Michael J. Quirk), for the plaintiffs., Wienner & Gould, P.C. (by S. Thomas Wienner and Seth D. Gould), and Kirkland & Ellis LLP (by Richard C. Godfrey, P.C.) (Carol H. Lesnek-Cooper, of counsel) for the defendant.
Corrigan, Weaver, Taylor, Young, Markman, Kelly, Cavanagh.
Cited by 337 opinions  |  Published
5 passages pin-cited by 17 cases
Pinpoint authority: #3,338 of 633,719
Citer courts: Michigan Court of Appeals (17) · Michigan Supreme Court (3)

Memorandum Opinion. This case poses the question whether the federal consumer product warranty act prohibits enforcement of a binding arbitration agreement entered into by a person who purchases a vehicle under a motor vehicle manufacturer’s employee purchase plan. The trial court ruled that such a binding arbitration agreement is prohibited by the federal act. The Court of Appeals reversed the trial court’s decision, relying on the supposedly binding authority of the decisions of two federal circuit courts of appeals. We affirm the decision of the Court of Appeals, but do so because we are persuaded by the[*605] reasoning employed in the federal decisions and not because we are bound by them.

Plaintiff John Abela purchased a 1999 Chevrolet truck from a General Motors dealership under defendant’s employee purchase plan, which offered him a discount because of his wife’s employment with General Motors. As part of the purchase contract, plaintiff was required to sign an agreement requiring any warranty dispute to be settled by binding arbitration. The truck subsequently developed a number of problems, necessitating costly repairs. Plaintiff and his wife brought suit under the Magnuson-Moss Warranty— Federal Trade Commission Improvement Act (mmwa), 15 USC 2301 et seq., as well as two Michigan statutes. [1] Defendant responded with a motion for summary disposition pursuant to MCR 2.116(C)(7), claiming that plaintiffs had agreed to arbitrate any claims they had against defendant.

The trial court denied defendant’s motion and granted summary disposition in favor of plaintiffs pursuant to MCR 2.116(C)(9), for failing to state a valid defense. The trial court based its ruling on the determination that defendant’s program for binding arbitration was contrary to the mmwa and, therefore, unenforceable.

The Court of Appeals reversed the ruling of the trial court. 257 Mich App 513; 669 NW2d 271 (2003). It noted that two federal circuit courts of appeals had addressed the question whether the mmwa bars compulsory arbitration of written warranty claims, and[*606] that both had determined that the MMWA does not preclude such arbitration, otherwise enforceable under the Federal Arbitration Act (faa), 9 USC 1 et seq. Citing Schueler v Weintrob, 360 Mich 621; 105 NW2d 42 (1960), and Woodman v Miesel Sysco Food Co, 254 Mich App 159; 657 NW2d 122 (2002), the Court of Appeals held that it is bound by the authoritative holdings of the federal courts of appeals on a federal question where there is no conflict among those federal courts on that question. Because the only two federal circuit courts of appeals that had ruled on the issue concluded that binding arbitration agreements are not prohibited by the mmwa, the Court of Appeals found that the trial court had erred in granting plaintiffs’ motion for summary disposition and in denying defendant’s motion for summary disposition.

We disagree with the Court of Appeals basis for reversing the decision of the trial court. The Court of Appeals concluded that it was bound by the decisions of the federal circuit courts of appeals on questions of federal law. 257 Mich App 523. Although state courts are bound by the decisions of the United States Supreme Court construing federal law, Chesapeake & O R Co v Martin, 283 US 209, 220-221; 51 S Ct 453; 75 L Ed 983 (1931), there is no similar obligation with respect to decisions of the lower federal courts. Winget v Grand Trunk W R Co, 210 Mich 100, 117; 177 NW2d 273 (1920). See generally 21 CJS, Courts, § 159, pp 195-197; 20 Am Jur 2d, Courts, § 171, pp 454-455. The Court of Appeals reliance on Schueler v Weintrob, 360 Mich 621; 105 NW2d 42 (1960), is misplaced. In that case, we were faced with conflicting decisions of lower federal courts and, of course, were “free to choose the view which seems most appropriate to us.” 360 Mich 634. However, that[*607] statement does not establish the converse—that where there is no such conflict, we are bound to follow the decisions of even a single lower federal court. Although lower federal court decisions may be persuasive, they are not binding on state courts.

Although the federal courts of appeals decisions are not binding, we nevertheless affirm the decision of the Court of Appeals. We have examined the decisions in Walton v Rose Mobile Homes LLC, 298 F3d 470 (CA 5, 2002), and Davis v Southern Energy Homes, Inc, 305 F3d 1268 (CA 11, 2002), and find their analyses and conclusions persuasive. Both decisions carefully examined the mmwa and the faa, and both concluded that the text, the legislative history, and the purpose of the mmwa did not evidence a congressional intent under the faa to bar agreements for binding arbitration of claims covered by the mmwa. Persuaded by these analyses of the federal courts of appeals, we conclude that plaintiffs’ agreement with defendant to address the warranty claim through defendant’s dispute resolution process, including mandatory arbitration, is enforceable.

The Court of Appeals result is affirmed on the basis of the above analysis, and this matter is remanded to the trial court for entry of an order for binding arbitration pursuant to the agreement.

Corrigan, C.J., and Weaver, Taylor, Young, and Markman, JJ., concurred.

Cavanagh, J., would not dispose of this matter by memorandum opinion, but would grant leave to consider farther briefing and argument.

Kelly, J., concurred with Cavanagh, J.
1

The two statutes are not relevant to this discussion. As the Court of Appeals correctly ruled in this case, the Michigan warranties on new motor vehicles act, the “lemon law,” MCL 257.1401 et seq., and the Michigan Consumer Protection Act, MCL 445.901 et seq., are surmounted by the federal arbitration act.