189 Michigan opinions name it 2 courts 1863–2026 59 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.
| Case | Followed | Cited |
|---|---|---|
Reed v. Reedgreen2 sentences2026We disagree. -7- “Under the ‘American rule,’ attorney fees are not recoverable as an element of costs or damages unless expressly allowed by statute, court rule, common-law exception, or contract.” Reed v Reed, 265 Mich App 131, 164 ; 693 NW2d 825 (2005). 2026We disagree. -7- “Under the ‘American rule,’ attorney fees are not recoverable as an element of costs or damages unless expressly allowed by statute, court rule, common-law exception, or contract.” Reed v Reed, 265 Mich App 131, 164 ; 693 NW2d 825 (2005). | 16 | 39 |
Smith v. Khourigreen2 sentences2025Michigan follows the “American rule” which is that “attorney fees are not ordinarily recoverable unless a statute, court rule, or common-law exception provides the contrary.” Smith v Khouri, 481 Mich 519, 526 ; 751 NW2d 472 (2008) (citation omitted). 2025Michigan follows the “American rule” which is that “attorney fees are not ordinarily recoverable unless a statute, court rule, or common-law exception provides the contrary.” Smith v Khouri, 481 Mich 519, 526 ; 751 NW2d 472 (2008) (citation omitted). | 9 | 23 |
Haliw v. City of Sterling Heightsgreen2 sentences2025“Michigan follows the ‘American rule’ with respect to the payment of attorney fees and costs.” Haliw v Sterling Hts, 471 Mich 700, 706 ; 691 NW2d 753 (2005). 2025“Michigan follows the ‘American rule’ with respect to the payment of attorney fees and costs.” Haliw v Sterling Hts, 471 Mich 700, 706 ; 691 NW2d 753 (2005). | 7 | 63 |
Nemeth v. Abonmarche Development, Incgreen2 sentences2019The American rule provides that “ ‘attorney fees are not ordinarily recoverable unless a statute, court rule, or common-law exception provides the contrary.’ ” Smith, 481 Mich at 526 , quoting Nemeth v Abonmarche Dev, Inc, 457 Mich 16, 37-38 ; 576 NW2d 641 (1998), and Haliw, 471 Mich at 706 . 2019The American rule provides that “ ‘attorney fees are not ordinarily recoverable unless a statute, court rule, or common-law exception provides the contrary.’ ” Smith, 481 Mich at 526 , quoting Nemeth v Abonmarche Dev, Inc, 457 Mich 16, 37-38 ; 576 NW2d 641 (1998), and Haliw, 471 Mich at 706 . | 3 | 14 |
Matras v. Amoco Oil Co.green2 sentences2019“In Michigan, it is well-settled that the recovery of attorney fees is governed by the ‘American rule.’ ” Burnside v State Farm Fire and Cas Co, 208 Mich App 422, 426 ; 528 NW2d 749 (1995), citing Matras v Amoco Oil Co, 424 Mich 675, 695 ; 385 NW2d 586 (1986). 2019“In Michigan, it is well-settled that the recovery of attorney fees is governed by the ‘American rule.’ ” Burnside v State Farm Fire and Cas Co, 208 Mich App 422, 426 ; 528 NW2d 749 (1995), citing Matras v Amoco Oil Co, 424 Mich 675, 695 ; 385 NW2d 586 (1986). | 3 | 7 |
Burnside v. State Farm Fire and Casualty Co.green2 sentences2025See Burnside v State Farm Fire & Cas Co, 208 Mich App 422, 426-427 ; 528 NW2d 749 (1995) (“Under the American rule, attorney fees are generally not allowed, as either costs or damages, unless recovery is expressly authorized by statute, court rule, or a recognized exception.”). 2025See Burnside v State Farm Fire & Cas Co, 208 Mich App 422, 426-427 ; 528 NW2d 749 (1995) (“Under the American rule, attorney fees are generally not allowed, as either costs or damages, unless recovery is expressly authorized by statute, court rule, or a recognized exception.”). | 2 | 9 |
Pirgu v. United Services Automobile Associationgreen2 sentences2023Indeed, the first subsection of the statute— MCL 500.3148(1)—constitutes “an exception to the American rule, which provides that attorney fees generally are not recoverable from the losing party as costs in the absence of an exception set 2 “A contractual term is ambiguous on its face only if it is equally susceptible to more than a single meaning.” Barton-Spencer v Farm Bureau Life Ins Co of Mich, 500 Mich 32 , 40; 892 NW2d 794 (2017). -3- forth in a statute or court rule expressly authorizing such an award.” Pirgu v United Servs Auto Ass’n, 499 Mich 269, 274-275 ; 884 NW2d 257 (2016) (quotat 2023Indeed, the first subsection of the statute— MCL 500.3148(1)—constitutes “an exception to the American rule, which provides that attorney fees generally are not recoverable from the losing party as costs in the absence of an exception set 2 “A contractual term is ambiguous on its face only if it is equally susceptible to more than a single meaning.” Barton-Spencer v Farm Bureau Life Ins Co of Mich, 500 Mich 32 , 40; 892 NW2d 794 (2017). -3- forth in a statute or court rule expressly authorizing such an award.” Pirgu v United Servs Auto Ass’n, 499 Mich 269, 274-275 ; 884 NW2d 257 (2016) (quotat | 2 | 4 |
Pransky v. Falcon Group, Incgreen2 sentences2022See Peterson v Oakwood Healthcare, Inc, 336 Mich App 333 , 359; 970 NW2d 389 (2021) (“The American rule for attorney fees provides that each party is responsible for its own attorney fees, unless there is a statute or court rule expressly authorizing the award.”); see also Pransky v Falcon Group, Inc, 311 Mich App 164, 194 ; 874 NW2d 367 (2015) (allowing for attorney fees when permitted under a contract). 2022See Peterson v Oakwood Healthcare, Inc, 336 Mich App 333 , 359; 970 NW2d 389 (2021) (“The American rule for attorney fees provides that each party is responsible for its own attorney fees, unless there is a statute or court rule expressly authorizing the award.”); see also Pransky v Falcon Group, Inc, 311 Mich App 164, 194 ; 874 NW2d 367 (2015) (allowing for attorney fees when permitted under a contract). | 2 | 4 |
In Re Sloan Estategreen2 sentences2016Adair, 298 Mich App at 398 (analyzing fees awarded pursuant to Const 1963, art 9, §§ 32 and 33); Sloan, 212 Mich App at 361-363 (analyzing fees awarded pursuant to MCL 700.543). 2016Adair, 298 Mich App at 398 (analyzing fees awarded pursuant to Const 1963, art 9, §§ 32 and 33); Sloan, 212 Mich App at 361-363 (analyzing fees awarded pursuant to MCL 700.543). | 2 | 4 |
Fleet Business Credit, LLC v. Krapohl Ford Lincoln Mercury Co.green2 sentences2025However, this argument lacks merit because the American rule applies to damages in the underlying litigation. -6- See Fleet Business Credit, LLC, 274 Mich App at 589 (“As a general rule, attorney fees are not recoverable as an element of costs or damages absent an express legal exception.”) (emphasis added).2 Plaintiffs failed to establish, as a matter of law, they were entitled to attorney fees. 2025However, this argument lacks merit because the American rule applies to damages in the underlying litigation. -6- See Fleet Business Credit, LLC, 274 Mich App at 589 (“As a general rule, attorney fees are not recoverable as an element of costs or damages absent an express legal exception.”) (emphasis added).2 Plaintiffs failed to establish, as a matter of law, they were entitled to attorney fees. | 1 | 10 |
Dessart v. Burakgreen2 sentences2025“The American rule generally requires parties to shoulder the cost of hiring their own attorneys to assert their legal positions, claims, and defenses.” Hank Orchids LP v Buie, ___ Mich ___, ___; ___ NW3d ___ (2024) (Docket No. 165761); slip op at 2. “[A]ttorney fees are not ordinarily recoverable [as an element of costs or damages] unless a statute, court rule, or common- law exception provides the contrary.” Dessart v Burak, 470 Mich 37, 42 ; 678 NW2d 615 (2004) (quotation marks and citation omitted). 2025“The American rule generally requires parties to shoulder the cost of hiring their own attorneys to assert their legal positions, claims, and defenses.” Hank Orchids LP v Buie, ___ Mich ___, ___; ___ NW3d ___ (2024) (Docket No. 165761); slip op at 2. “[A]ttorney fees are not ordinarily recoverable [as an element of costs or damages] unless a statute, court rule, or common- law exception provides the contrary.” Dessart v Burak, 470 Mich 37, 42 ; 678 NW2d 615 (2004) (quotation marks and citation omitted). | 1 | 9 |
Silich v. Rongersgreen2 sentences2022“Michigan generally follows the ‘American rule’ regarding attorney fees, which provides that fees are not generally recoverable unless a statute, court rule, or common-law exception provides otherwise.” Silich v Rongers, 302 Mich App 137, 147-148 ; 840 NW2d 1 (2013). 2022“Michigan generally follows the ‘American rule’ regarding attorney fees, which provides that fees are not generally recoverable unless a statute, court rule, or common-law exception provides otherwise.” Silich v Rongers, 302 Mich App 137, 147-148 ; 840 NW2d 1 (2013). | 1 | 9 |
Grace v. Gracegreen2 sentences2017Grace v Grace, 253 Mich App 357, 370-371 ; 655 NW2d 595 (2002). 2017Grace v Grace, 253 Mich App 357, 370-371 ; 655 NW2d 595 (2002). | 1 | 4 |
In Re Thomas Estategreen2 sentences2024The Mieras panel’s reasoning was scant, but it stated that, although the American rule generally bars recovery of attorney 33 See Brooks v Rose, 191 Mich App 565 ; 478 NW2d 731 (1991) (holding that, in a lawsuit involving the breach of a partnership agreement, the defendant partners could not recover attorney fees because those fees were not a proper element of damages for that breach); In re Thomas Estate, 211 Mich App 594 ; 536 NW2d 579 (1995) (stating that, in a lawsuit against a bank for wrongfully issuing payment to a prior guardian of a minor, the petitioner could not obtain attorney fee 2024The Mieras panel’s reasoning was scant, but it stated that, although the American rule generally bars recovery of attorney 33 See Brooks v Rose, 191 Mich App 565 ; 478 NW2d 731 (1991) (holding that, in a lawsuit involving the breach of a partnership agreement, the defendant partners could not recover attorney fees because those fees were not a proper element of damages for that breach); In re Thomas Estate, 211 Mich App 594 ; 536 NW2d 579 (1995) (stating that, in a lawsuit against a bank for wrongfully issuing payment to a prior guardian of a minor, the petitioner could not obtain attorney fee | 1 | 2 |
Warren v. McLouth Steel Corp.green2 sentences2022See also Warren v McLouth Steel Corp, 111 Mich App 496, 508 ; 314 NW2d 666 (1981). 2022See also Warren v McLouth Steel Corp, 111 Mich App 496, 508 ; 314 NW2d 666 (1981). | 1 | 2 |
| Marbury v. Madisongreen | 1 | 1 |
| Alt v. Konklegreen | 1 | 1 |
| Tillson v. Consumers Power Co.green | 1 | 1 |
| Moore v. Michalskigreen | 1 | 1 |
| John Kohl & Co. PC v. Dearborn & Ewinggreen | 1 | 1 |
| Beckie Price v. High Pointe Oil Co Incgreen | 1 | 1 |
| G & D Co. v. Durand Milling Co.green | 1 | 1 |
| Central Transport, Inc. v. Fruehauf Corp.green | 1 | 1 |
| Ford Motor Company v. Department of Treasurygreen | 1 | 1 |
| Adair v. Michigangreen | 1 | 1 |
| Village of Hickory Pointe Homeowners Ass'n v. Smykgreen | 1 | 1 |
| Richards v. Richardsgreen | 1 | 1 |
| Boyce v. Grand Rapids Asphalt Paving Co.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Popma v. Auto Club Ins. Ass'n.
green
2 sentences2022It does provide a means of securing the legitimate interest of the attorney in payment for his services and expenses on behalf of the client, but it is subject to the control of the court for the protection of the client and third parties as well . . . . [Souden v Souden, 303 Mich App 406, 411 ; 844 NW2d 151 (2013) (quotation marks and citation omitted).] Under the “American rule,” “attorney fees are not ordinarily recoverable unless a statute, court rule, or common-law exception provides to the contrary.” Popma v Auto Club Ins Ass’n, 446 Mich 460, 474 ; 521 NW2d 831 (1994). 2022It does provide a means of securing the legitimate interest of the attorney in payment for his services and expenses on behalf of the client, but it is subject to the control of the court for the protection of the client and third parties as well . . . . [Souden v Souden, 303 Mich App 406, 411 ; 844 NW2d 151 (2013) (quotation marks and citation omitted).] Under the “American rule,” “attorney fees are not ordinarily recoverable unless a statute, court rule, or common-law exception provides to the contrary.” Popma v Auto Club Ins Ass’n, 446 Mich 460, 474 ; 521 NW2d 831 (1994). | 8 | 1995–2022 |
Miller v. Citizens Insurance
green
2 sentences2021In Miller v Citizens Ins Co, 288 Mich App 424 ; 794 NW2d 622 (2010), aff’d in part, rev’d in part on other grounds 490 Mich 905 ; 804 Mich 740 (2011), we explained that an exception to the “American rule” exists when the party prevailing in an action secures a “common fund” for the benefit of that party as well as others, such as medical providers who give care to a no-fault beneficiary. 2021In Miller v Citizens Ins Co, 288 Mich App 424 ; 794 NW2d 622 (2010), aff’d in part, rev’d in part on other grounds 490 Mich 905 ; 804 Mich 740 (2011), we explained that an exception to the “American rule” exists when the party prevailing in an action secures a “common fund” for the benefit of that party as well as others, such as medical providers who give care to a no-fault beneficiary. | 5 | 2018–2021 |
Persichini v. William Beaumont Hospital
green
2 sentences2021Persichini v William Beaumont Hosp, 238 Mich App 626, 639 ; 607 NW2d 100 (2000). 2021Persichini v William Beaumont Hosp, 238 Mich App 626, 639 ; 607 NW2d 100 (2000). | 5 | 2018–2021 |
Mills v. Electric Auto-Lite Co.
green
2 sentences2018The United States Supreme Court recognized this application of this form of equity in Mills v Elec Auto-Lite Co, 396 US 375, 391-392 ; 90 S Ct 616 ; 24 L Ed 2d 593 (1970): While the general American rule is that attorneys’ fees are not ordinarily recoverable as costs, both the courts and Congress have developed exceptions to this rule for situations in which overriding considerations indicate the need for such a recovery. 2018The United States Supreme Court recognized this application of this form of equity in Mills v Elec Auto-Lite Co, 396 US 375, 391-392 ; 90 S Ct 616 ; 24 L Ed 2d 593 (1970): While the general American rule is that attorneys’ fees are not ordinarily recoverable as costs, both the courts and Congress have developed exceptions to this rule for situations in which overriding considerations indicate the need for such a recovery. | 5 | 1979–2018 |
Brooks v. Rose
green
2 sentences2024The Mieras panel’s reasoning was scant, but it stated that, although the American rule generally bars recovery of attorney 33 See Brooks v Rose, 191 Mich App 565 ; 478 NW2d 731 (1991) (holding that, in a lawsuit involving the breach of a partnership agreement, the defendant partners could not recover attorney fees because those fees were not a proper element of damages for that breach); In re Thomas Estate, 211 Mich App 594 ; 536 NW2d 579 (1995) (stating that, in a lawsuit against a bank for wrongfully issuing payment to a prior guardian of a minor, the petitioner could not obtain attorney fee 2024The Mieras panel’s reasoning was scant, but it stated that, although the American rule generally bars recovery of attorney 33 See Brooks v Rose, 191 Mich App 565 ; 478 NW2d 731 (1991) (holding that, in a lawsuit involving the breach of a partnership agreement, the defendant partners could not recover attorney fees because those fees were not a proper element of damages for that breach); In re Thomas Estate, 211 Mich App 594 ; 536 NW2d 579 (1995) (stating that, in a lawsuit against a bank for wrongfully issuing payment to a prior guardian of a minor, the petitioner could not obtain attorney fee | 4 | 2022–2025 |
Watkins v. Manchester
green
2 sentences2016Watkins v Manchester, 220 Mich App 337, 342 ; 559 NW2d 81 (1996). 2016Watkins v Manchester, 220 Mich App 337, 342 ; 559 NW2d 81 (1996). | 4 | 2015–2016 |
Bonner v. Chicago Title Insurance
green
2 sentences2022Addressing plaintiff’s first claim, the “wrongful acts” exception to the American rule “permits a plaintiff to recover as damages from a third party the attorney fees the plaintiff expended in a prior lawsuit the plaintiff was forced to defend or prosecute because of the wrongful acts of the third party.” Bonner v Chicago Title Ins Co, 194 Mich App 462, 468-469 ; 487 NW2d 807 (1992). 2022Addressing plaintiff’s first claim, the “wrongful acts” exception to the American rule “permits a plaintiff to recover as damages from a third party the attorney fees the plaintiff expended in a prior lawsuit the plaintiff was forced to defend or prosecute because of the wrongful acts of the third party.” Bonner v Chicago Title Ins Co, 194 Mich App 462, 468-469 ; 487 NW2d 807 (1992). | 3 | 1995–2022 |
Hackel v. Macomb County Commission
green
2 sentences2020“A court may award costs and attorney fees only if specifically authorized by a statute, a court rule, or a recognized exception to the American rule (which mandates that a litigant be responsible for his or her own attorney fees).” Hackel v Macomb Co Comm’n, 289 Mich App 311, 334 ; 826 NW2d 753 (2012). 2020“A court may award costs and attorney fees only if specifically authorized by a statute, a court rule, or a recognized exception to the American rule (which mandates that a litigant be responsible for his or her own attorney fees).” Hackel v Macomb Co Comm’n, 289 Mich App 311, 334 ; 826 NW2d 753 (2012). | 3 | 2015–2020 |
Bennett v. Weitz
green
2 sentences2017Under the American rule, “each side must bear its own litigation expenses,” Bennett v Weitz, 220 Mich App 295, 302 ; 559 NW2d 354 (1996), and attorney fees generally are not recoverable “in the absence of an exception set forth in a statute or court rule expressly authorizing such an award,” Haliw, 471 Mich at 707 . 2017Under the American rule, “each side must bear its own litigation expenses,” Bennett v Weitz, 220 Mich App 295, 302 ; 559 NW2d 354 (1996), and attorney fees generally are not recoverable “in the absence of an exception set forth in a statute or court rule expressly authorizing such an award,” Haliw, 471 Mich at 707 . | 3 | 1998–2019 |
State Farm Mutual Automobile Insurance v. Allen
green
2 sentences2000State Farm Mut Automobile Ins Co v Allen, 50 Mich App 71 ; 212 NW2d 821 (1973). 2000State Farm Mut Automobile Ins Co v Allen, 50 Mich App 71 ; 212 NW2d 821 (1973). | 3 | 1995–2000 |
Borowsky v. Borowsky
green
2 sentences2018There also is a common law exception to the “American rule,” authorizing “[a]n award of legal fees . . . where the party requesting the fees has been forced to incur them as a result of the other party’s unreasonable conduct.” Borowsky, 273 Mich App at 687 . 2018There also is a common law exception to the “American rule,” authorizing “[a]n award of legal fees . . . where the party requesting the fees has been forced to incur them as a result of the other party’s unreasonable conduct.” Borowsky, 273 Mich App at 687 . | 2 | 2018–2018 |
Augustine v. Allstate Insurance
green
2 sentences2017“The burden of proving the reasonableness of a request for attorney fees rests with the party requesting it.” Augustine, 292 Mich App at 423 . -2- First, we note that there is no evidence in the record that defendant actually abused the minor child. 2017“The burden of proving the reasonableness of a request for attorney fees rests with the party requesting it.” Augustine, 292 Mich App at 423 . -2- First, we note that there is no evidence in the record that defendant actually abused the minor child. | 2 | 2017–2017 |
In Re Temple Marital Trust
green
2 sentences2017Accordingly, to establish that Charles is liable for his attorney fees, Thomas “must provide a meritorious argument that an exception to the American rule applies in this case.” In re Temple Marital Trust, 278 Mich App at 139 . 2017Accordingly, to establish that Charles is liable for his attorney fees, Thomas “must provide a meritorious argument that an exception to the American rule applies in this case.” In re Temple Marital Trust, 278 Mich App at 139 . | 2 | 2012–2017 |
Keinz v. Keinz
green
2 sentences2015A trial court’s findings of fact, such as whether a party’s position was frivolous, may not be set aside unless they are clearly erroneous. [Keinz v Keinz, 290 Mich App 137, 141 ; 799 NW2d 576 (2010) (citations omitted).] “Under the American rule, attorney fees generally are not recoverable from the losing party as costs in the absence of an exception set forth in a statute or court rule expressly authorizing such an award.” Haliw v City of Sterling Hts, 471 Mich 700, 707 ; 691 NW2d 753 (2005). 2015A trial court’s findings of fact, such as whether a party’s position was frivolous, may not be set aside unless they are clearly erroneous. [Keinz v Keinz, 290 Mich App 137, 141 ; 799 NW2d 576 (2010) (citations omitted).] “Under the American rule, attorney fees generally are not recoverable from the losing party as costs in the absence of an exception set forth in a statute or court rule expressly authorizing such an award.” Haliw v City of Sterling Hts, 471 Mich 700, 707 ; 691 NW2d 753 (2005). | 2 | 2015–2015 |
Howard v. Canteen Corp.
red
2 sentences1996Howard v Canteen Corp, 192 Mich App 427, 437 ; 481 NW2d 718 (1992). 1996Howard v Canteen Corp, 192 Mich App 427, 437 ; 481 NW2d 718 (1992). | 2 | 1996–1996 |
| Central Railroad & Banking Co. of Ga. v. Pettus green | 2 | 1979–1979 |
| Trustees v. Greenough green | 2 | 1979–1979 |
| Dawe v. Dr Reuven Bar-Levav & Associates, PC green | 1 | 2024–2024 |
| O'Donnell v. Oliver Iron Mining Co. green | 1 | 2024–2024 |
| Mieras v. DeBona green | 1 | 2024–2024 |
| Mettler Walloon, LLC v. Melrose Township green | 1 | 2024–2024 |
| LOCAL 1064, RWDSU AFL-CIO v. Ernst & Young green | 1 | 2024–2024 |
| Mitzel, et al. v. Vogel Law Firm, et al. neutral | 1 | 2024–2024 |
| City of Detroit v. Hospital Drug Co. neutral | 1 | 2024–2024 |
| Sherrard v. Stevens green | 1 | 2024–2024 |
| Maiden v. Rozwood green | 1 | 2024–2024 |
| Heaton v. Benton Construction Co. green | 1 | 2024–2024 |
| Taylor v. Kent Radiology, PC green | 1 | 2024–2024 |
| Mieras v. DeBona green | 1 | 2024–2024 |
| Souden v. Souden green | 1 | 2022–2022 |
| Omdahl v. West Iron County Board of Education green | 1 | 2021–2021 |
| Blue Cross & Blue Shield v. Eaton Rapids Community Hospital green | 1 | 2019–2019 |
| the Meisner Law Group v. Weston Downs Condominium Association green | 1 | 2019–2019 |
| Wyandotte Electric Supply Co. v. Electrical Technology Systems, Inc. green | 1 | 2019–2019 |
| McKelvie v. City of Mount Clemens green | 1 | 2016–2016 |
| Village of Hickory Pointe Homeowners Ass'n v. Smyk green | 1 | 2016–2016 |
| 1300 Lafayette East Cooperative, Inc v. Savoy green | 1 | 2016–2016 |
| Spectrum Health v. Grahl green | 1 | 2016–2016 |
| SENTRY INS. MUT. CO. v. Lardner Elevator Co. green | 1 | 2016–2016 |
| Brown v. Home-Owners Insurance green | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.