legal insufficiency claim in Michigan

5 Michigan opinions name it 1 courts 2014–2019 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Liggett Restaurant Group, Inc. v. City of Pontiacgreen michctapp · 2003 · cited in 4 Michigan opinions naming this issue, 2019–2019 2 sentences 2019In Liggett, 260 Mich App at 139 , this Court held that “[a] determination of futility must be based on the legal insufficiency of the claim on its face,” and “[b]ecause [the] plaintiff had yet to identify the proposed claim, there was no basis for the trial court’s determination that it was legally insufficient.” Here too, then, the trial court abused its discretion by refusing to even consider a written motion for leave to amend the breach of contract claim or a proposed amended complaint. 2019“A determination of futility must be based on the legal insufficiency of the claim on its face.” Liggett Restaurant Group, Inc v City of Pontiac, 260 Mich App 127, 139 ; 676 NW2d 633 (2003), citing McNees v Cedar Springs Stamping Co, 184 Mich App 101, 103 ; 457 NW2d 68 (1990).	1	4

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Liggett Restaurant Group, Inc. v. City of Pontiac green michctapp · 2004 2 sentences 2019“A determination of futility must be based on the legal insufficiency of the claim on its face.” Liggett Restaurant Group, Inc v City of Pontiac, 260 Mich App 127, 138 ; 676 NW2d 633 (2004). 2019“A determination of futility must be based on the legal insufficiency of the claim on its face.” Liggett Restaurant Group, Inc v City of Pontiac, 260 Mich App 127, 139 ; 676 NW2d 633 (2003), citing McNees v Cedar Springs Stamping Co, 184 Mich App 101, 103 ; 457 NW2d 68 (1990).	4	2014–2019
Decker v. Rochowiak green michctapp · 2010 1 sentence 2019The trial court stated its particularized reason for denying the motion on the record, see Decker, 287 Mich App at 681 , and that finding was accurately based on the legal insufficiency of the claim on its face.	1	2019–2019
Foremost Insurance v. Allstate Insurance green mich · 1992 2 sentences 2019“In the civil context, conversion is defined as any distinct act of domain wrongfully exerted over another’s personal property in denial of or inconsistent with the rights therein.” Foremost Ins Co v Allstate Ins Co, 439 Mich 378, 391 ; 486 NW2d 600 (1992). 2019“In the civil context, conversion is defined as any distinct act of domain wrongfully exerted over another’s personal property in denial of or inconsistent with the rights therein.” Foremost Ins Co v Allstate Ins Co, 439 Mich 378, 391 ; 486 NW2d 600 (1992).	1	2019–2019
McNees v. Cedar Springs Stamping Co. green michctapp · 1990 2 sentences 2019“A determination of futility must be based on the legal insufficiency of the claim on its face.” Liggett Restaurant Group, Inc v City of Pontiac, 260 Mich App 127, 139 ; 676 NW2d 633 (2003), citing McNees v Cedar Springs Stamping Co, 184 Mich App 101, 103 ; 457 NW2d 68 (1990). 2019“A determination of futility must be based on the legal insufficiency of the claim on its face.” Liggett Restaurant Group, Inc v City of Pontiac, 260 Mich App 127, 139 ; 676 NW2d 633 (2003), citing McNees v Cedar Springs Stamping Co, 184 Mich App 101, 103 ; 457 NW2d 68 (1990).	1	2019–2019
PT Today, Inc. v. Commissioner of the Office of Financial & Insurance Services green michctapp · 2006 2 sentences 2014“An amendment would be futile if (1) ignoring the substantive merits of the claim, it is legally insufficient on its face; (2) it merely restates allegations already made; or (3) it adds a claim over which the court lacks jurisdiction[.]” PT Today, Inc v Comm’r of the Office of Fin & Ins Servs, 270 Mich App 110, 143 ; 715 NW2d 398 (2006) (citations omitted). 2014“An amendment would be futile if (1) ignoring the substantive merits of the claim, it is legally insufficient on its face; (2) it merely restates allegations already made; or (3) it adds a claim over which the court lacks jurisdiction[.]” PT Today, Inc v Comm’r of the Office of Fin & Ins Servs, 270 Mich App 110, 143 ; 715 NW2d 398 (2006) (citations omitted).	1	2014–2014

Where else courts name it

TX 102 (1980–2020) NY 12 (1995–2020) MI 5 (2014–2019) PA 2 (1991–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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