like defense in Michigan

2018When the issue presented is close and "there is doubt" about whether an issue is a gateway question for the court or a procedural one for the arbitrator, "we should resolve that doubt in favor of arbitration." Green Tree Financial Corp. v. Bazzle , 539 U.S. 444 , 452, 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003) (plurality decision; opinion by Breyer, J.) (quotation marks omitted), citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. , 473 U.S. 614 , 626, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985). [ Bienenstock , 314 Mich. App. at 516 -517 , 887 N.W.2d 237 .] In Howsam , the United States S

2018When the issue presented is close and "there is doubt" about whether an issue is a gateway question for the court or a procedural one for the arbitrator, "we should resolve that doubt in favor of arbitration." Green Tree Financial Corp. v. Bazzle , 539 U.S. 444 , 452, 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003) (plurality decision; opinion by Breyer, J.) (quotation marks omitted), citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. , 473 U.S. 614 , 626, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985). [ Bienenstock , 314 Mich. App. at 516 -517 , 887 N.W.2d 237 .] In Howsam , the United States S

2018When the issue presented is close and "there is doubt" about whether an issue is a gateway question for the court or a procedural one for the arbitrator, "we should resolve that doubt in favor of arbitration." Green Tree Financial Corp. v. Bazzle , 539 U.S. 444 , 452, 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003) (plurality decision; opinion by Breyer, J.) (quotation marks omitted), citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. , 473 U.S. 614 , 626, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985). [ Bienenstock , 314 Mich. App. at 516 -517 , 887 N.W.2d 237 .] In Howsam , the United States S

2018When the issue presented is close and "there is doubt" about whether an issue is a gateway question for the court or a procedural one for the arbitrator, "we should resolve that doubt in favor of arbitration." Green Tree Financial Corp. v. Bazzle , 539 U.S. 444 , 452, 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003) (plurality decision; opinion by Breyer, J.) (quotation marks omitted), citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. , 473 U.S. 614 , 626, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985). [ Bienenstock , 314 Mich. App. at 516 -517 , 887 N.W.2d 237 .] In Howsam , the United States S

1965“The supreme court of Georgia, in reference to an ordinance of the city of Atlanta, in regard to licensing persons who engage in or work at the business of plumbing, “ ‘Held, (a) that this ordinance, in case of a firm or corporation, where one member, of the firm or the manager of the corporation has been licensed, permits others than the member or manager so licensed, by virtue of such license, to engage in or do the work of plumbing in the city of,Atlanta without standing an examination as to fitness and obtaining a license, but does not permit a like privilege to persons other than those re

1965"The supreme court of Georgia, in reference to an ordinance of the city of Atlanta, in regard to licensing persons who engage in or work at the business of plumbing, "`Held, (a) that this ordinance, in case of a firm or corporation, where one member of the firm or the manager of the corporation has been licensed, permits others than the member or manager so licensed, by virtue of such license, to engage in or do the work of plumbing in the city of Atlanta without standing an examination as to fitness and obtaining a license, but does not permit a like privilege to persons other than those refe

1935In re Curtis’ Estate, supra; In re Gardnier’s Estate, supra; In re Rosa’s Estate, 210 Mich. 628 ; Brereton v. Estate of Glazeby, 251 Mich. 234 ; In re Walker’s Estate, 270 Mich. 33 .

1935In re Curtis' Estate, supra; In re Gardnier's Estate, supra; In re Rosa's Estate , 210 Mich. 628 ; Brereton v. Estate of Glazeby , 251 Mich. 234 ; In re Walker's Estate , 270 Mich. 33 .

1935In re Curtis’ Estate, supra; In re Gardnier’s Estate, supra; In re Rosa’s Estate, 210 Mich. 628 ; Brereton v. Estate of Glazeby, 251 Mich. 234 ; In re Walker’s Estate, 270 Mich. 33 .

1935In re Curtis' Estate, supra; In re Gardnier's Estate, supra; In re Rosa's Estate , 210 Mich. 628 ; Brereton v. Estate of Glazeby , 251 Mich. 234 ; In re Walker's Estate , 270 Mich. 33 .

1935In re Curtis’ Estate, supra; In re Gardnier’s Estate, supra; In re Rosa’s Estate, 210 Mich. 628 ; Brereton v. Estate of Glazeby, 251 Mich. 234 ; In re Walker’s Estate, 270 Mich. 33 .

1935In re Curtis' Estate, supra; In re Gardnier's Estate, supra; In re Rosa's Estate , 210 Mich. 628 ; Brereton v. Estate of Glazeby , 251 Mich. 234 ; In re Walker's Estate , 270 Mich. 33 .

1914“In Brown v. City of Grand Rapids, 83 Mich. 101 [ 47 N. W. 117 ], it was said: “ ‘The determination of these two bodies — the commissioners who made the assessment roll and the common council of the city of Grand Rapids — cannot now be inquired into, unless it appears that they acted in bad faith.

1914“In Brown v. City of Grand Rapids, 83 Mich. 101 [ 47 N. W. 117 ], it was said: “ ‘The determination of these two bodies — the commissioners who made the assessment roll and the common council of the city of Grand Rapids — cannot now be inquired into, unless it appears that they acted in bad faith.

2018Examples of procedural questions for the arbitrator to decide include "whether the first two steps of a grievance procedure were completed, where these steps are prerequisites *221 to arbitration," and "allegation[s] of waiver, delay, or a like defense to arbitrability." Howsam , 537 U.S. at 84 , 123 S.Ct. 588 (quotation marks and citations omitted; alteration in original).

2018Examples of procedural questions for the arbitrator to decide include "whether the first two steps of a grievance procedure were completed, where these steps are prerequisites *221 to arbitration," and "allegation[s] of waiver, delay, or a like defense to arbitrability." Howsam , 537 U.S. at 84 , 123 S.Ct. 588 (quotation marks and citations omitted; alteration in original).

1979Defendants rely on People v Wright, 78 Mich App 246 ; 259 NW2d 443 (1977), which relied on People v Smith, 67 Mich App 145 ; 240 NW2d 475 (1976), to proscribe a like instruction.

1979Defendants rely on People v Wright, 78 Mich App 246 ; 259 NW2d 443 (1977), which relied on People v Smith, 67 Mich App 145 ; 240 NW2d 475 (1976), to proscribe a like instruction.

1979Defendants rely on People v Wright, 78 Mich App 246 ; 259 NW2d 443 (1977), which relied on People v Smith, 67 Mich App 145 ; 240 NW2d 475 (1976), to proscribe a like instruction.

1979Defendants rely on People v Wright, 78 Mich App 246 ; 259 NW2d 443 (1977), which relied on People v Smith, 67 Mich App 145 ; 240 NW2d 475 (1976), to proscribe a like instruction.

1970We find no Michigan ease which considers whether police officers should have a like immunity. 5 White v. Towers (1951), 37 Cal 2d 727, 729 ( 235 P2d 209 , 28 ALR2d 636). 6 Annotation: Civil liability of law enforcement officers for malicious prosecution, 28 ALR2d 646.

1960Significant in this respect is the language of Mr.' Justice Holmes in Holt v. United States, 218 US 245 ( 31 S Ct 2 , 54 L ed 1021).

1960Significant in this respect is the language of Mr.' Justice Holmes in Holt v. United States, 218 US 245 ( 31 S Ct 2 , 54 L ed 1021).

1956On the basis of prior decisions of this Court such claim was rejected, and it was held that: “An accidental injury, to be compensable under the workmen’s compensation act, must be more than merely an unusual and unanticipated result; the means must be accidental — involuntary and unintended, and there must be some proximate connection between accidental means and the injurious result (CL 1948, §412.1 et seq.).” (Syllabus 2.) ' A like claim was advanced by the plaintiff in Wieda v. American Box Board Company, 343 Mich 182 .

1956In accordance with earlier decisions of the Court, it was said: “An unfortunate result may not be given the retroactive effect of making a particular event or happening accidental in nature which was not of such character when it took place.” In support of the conclusions reached in the Nichols Case and in the Wieda Case numerous prior decisions were cited, including Hagopian v. City of Highland Park, 313 Mich 608 , and later decisions following the rule there laid down.

1953The judgment in Hansel v. Hawkins, 326 Mich 177 , was reversed for a like error.

1949In Breker v. Rosema, 301 Mich 685 ( 141 ALR 867 ), it was held that a like presumption should apply for the benefit of a person surviving, *181 but suffering from amnesia, as shown by competent medical testimony, resulting from a brain injury sustained in the accident.

1949In Breker v. Rosema, 301 Mich 685 ( 141 ALR 867 ), it was held that a like presumption should apply for the benefit of a person surviving, *181 but suffering from amnesia, as shown by competent medical testimony, resulting from a brain injury sustained in the accident.

1940Sinquefield v. Valentine, 159 Miss. 144 ( 132 South. 81 , 76 A. L.

1940Sinquefield v. Valentine, 159 Miss. 144 ( 132 South. 81 , 76 A. L.

1935Federal Land Bank of New Orleans v. Mississippi Power & Light Co., 157 Miss. 737 ( 128 South. 98 ); and the like rule applies to all those who object to what has been done in any given situation, whether in the chancery court or on appeal.

1935Federal Land Bank of New Orleans v. Mississippi Power & Light Co., 157 Miss. 737 ( 128 South. 98 ); and the like rule applies to all those who object to what has been done in any given situation, whether in the chancery court or on appeal.

1931The concluding statement of the judge in his instruction, respecting the defense of alibi, is: “In this connection, however, I charge you that in considering the evidence offered upon the question of alibi, you should remember that it is a defense which is difficult to disprove.” A like instruction in People v. Tice, 115 Mich. 219 ( 69 Am.

1930Moreton v. Palmer & Co., 230 Mich. 409 .

1926In Fox v. Barrett’s Estate, 117 Mich. 162 , it was said: “If, however, the representative of the deceased wishes, he may compel the living party to testify; but in that case he cannot prevent such party from giving a full explanation of the subject inquired about.” This holding has been cited with approval in Lange v. Klatt, 135 Mich. 262 ; Cady v. Burgess, 144 Mich. 523 ; Atkin v. Van Sickle, 187 Mich. 635 ; Gacesa v. Consumers Power Co., 220 Mich. 338 (24 A. L.

1926In Fox v. Barrett’s Estate, 117 Mich. 162 , it was said: “If, however, the representative of the deceased wishes, he may compel the living party to testify; but in that case he cannot prevent such party from giving a full explanation of the subject inquired about.” This holding has been cited with approval in Lange v. Klatt, 135 Mich. 262 ; Cady v. Burgess, 144 Mich. 523 ; Atkin v. Van Sickle, 187 Mich. 635 ; Gacesa v. Consumers Power Co., 220 Mich. 338 (24 A. L.

1926In Fox v. Barrett’s Estate, 117 Mich. 162 , it was said: “If, however, the representative of the deceased wishes, he may compel the living party to testify; but in that case he cannot prevent such party from giving a full explanation of the subject inquired about.” This holding has been cited with approval in Lange v. Klatt, 135 Mich. 262 ; Cady v. Burgess, 144 Mich. 523 ; Atkin v. Van Sickle, 187 Mich. 635 ; Gacesa v. Consumers Power Co., 220 Mich. 338 (24 A. L.

1926In Fox v. Barrett’s Estate, 117 Mich. 162 , it was said: “If, however, the representative of the deceased wishes, he may compel the living party to testify; but in that case he cannot prevent such party from giving a full explanation of the subject inquired about.” This holding has been cited with approval in Lange v. Klatt, 135 Mich. 262 ; Cady v. Burgess, 144 Mich. 523 ; Atkin v. Van Sickle, 187 Mich. 635 ; Gacesa v. Consumers Power Co., 220 Mich. 338 (24 A. L.