26 Michigan opinions name it 2 courts 1877–2025 3 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 |
|---|---|---|
Bauserman v. Unemployment Ins. Agencygreen2 sentences2025See also MCL 211.9n(2). 15 We have recognized the “textual similarities between the state and federal Due Process Clauses . . . .” Bauserman v Unemployment Ins Agency, 503 Mich 169 , 186 n 12; 931 NW2d 539 (2019). 2025See also MCL 211.9n(2). 15 We have recognized the “textual similarities between the state and federal Due Process Clauses . . . .” Bauserman v Unemployment Ins Agency, 503 Mich 169 , 186 n 12; 931 NW2d 539 (2019). | 1 | 1 |
People v. Stevensgreen2 sentences2024That said, in some instances judicial conduct may so overstep its bounds that no instruction can erase the appearance of partiality. [Stevens, 498 Mich at 177-178 (quotation marks, citations, and alteration omitted; emphasis added.] On balance, the Supreme Court’s opinions in Swilley and Stevens make clear that jury instructions, particularly the model instructions, are significantly less effective at curing this particular form of error as compared to other forms of error. 2024Stevens, 498 Mich at 190 ; Swilley, 504 Mich at 390- 391. | 1 | 1 |
Ford Motor Co. v. Jacksongreen1 sentence2020“It is a general rule in this state . . . that only a party aggrieved by a decision has a right to appeal from that decision,” meaning that “ ‘[a] party who could not benefit from a change in the judgment has no appealable interest.’ ” Ford Motor Co v Jackson (On Rehearing), 399 Mich 213, 225-226 (1976) (citation omitted). | 1 | 1 |
Jells v. Mitchellgreen1 sentence2020Ayers does not dispute that on the second day of trial, he signed a form waiver attesting that he “fully” understood “that under the laws of this state I have a constitutional right to a trial by jury.” Nevertheless, he contends, no “independent indicia” support that he knowingly and voluntarily signed it, or that he truly understood his rights at that time. “[W]hether or not there is an intelligent, competent, self-protecting waiver of jury trial by an accused must depend upon the unique circumstances of each case.” Adams v US ex rel McCann, 317 US 269, 278 ; 63 S Ct 236, 241 ; 87 L Ed 268 (1 | 1 | 1 |
People v. VanderVlietgreen1 sentence2008See VanderVliet, supra at 80 n 37 (noting that absence of mistake or accident is simply a form of the exception that permits the use of other acts to prove intent). | 1 | 1 |
People v. Garciagreen2 sentences1999When this Court decided Knoblauch and Schlumm , the standard in Michigan for establishing ineffective assistance of counsel was controlled by People v Garcia, 398 Mich 250, 264, 266 ; 247 NW2d 547 (1976). 1999When this Court decided Knoblauch and Schlumm , the standard in Michigan for establishing ineffective assistance of counsel was controlled by People v Garcia, 398 Mich 250, 264, 266 ; 247 NW2d 547 (1976). | 1 | 1 |
Lumber Village, Inc v. Sieglergreen2 sentences1987Calamari & Perillo, Contracts (2d ed); see Lumber Village, Inc v Siegler, 135 Mich App 685, 697 ; 355 NW2d 654 (1984). 1987Calamari & Perillo, Contracts (2d ed); see Lumber Village, Inc v Siegler, 135 Mich App 685, 697 ; 355 NW2d 654 (1984). | 1 | 1 |
Eliason Corp. v. Bureau of Safety & Regulation of the Michigan Department of Laborgreen1 sentence1986However, where a hearing, and individualized consideration is given to the party against whom dismissal enters, whether in the form of a hearing on the court’s own motion as by an order to show cause, appearance at a no-progress call, or on a motion for reinstatement of a no-progress dismissal, a dismissal under GCR 1963, 504.2 is with prejudice, Eliason Corp v Bureau of Safety & Regulation, 564 F Supp 1298, 1301 (WD Mich, 1983); GCR 1963, 504.2. 1 A determination that a dismissal is with prejudice will be upheld on appeal if the record made below indicates that the trial court has not abused | 1 | 1 |
People v. Johnsongreen2 sentences1983See People v Johnson, 124 Mich App 80 ; 333 NW2d 585 (1983). 1983See People v Johnson, 124 Mich App 80 ; 333 NW2d 585 (1983). | 1 | 1 |
People v. Robinsongreen1 sentence1979Consequently, it has been stated that the proper form of inquiry of a character witness is "Have you heard * * *.?” and not "Do you know * * People v Stedman, supra at 396, People v Robinson, supra, at 608, fn 1, 47 ALR2d 1258, §§ 20, 21, McCormick, supra, § 191, pp 456-457, 2 Wharton’s, supra, §426, p 333. | 1 | 1 |
North Georgia Finishing, Inc. v. Di-Chem, Inc.green1 sentence1976Because the official seizures had been carried out without notice and without opportunity for a hearing or other safeguard against mistaken repossession, they were held to be in violation of the Fourteenth Amendment.” North Georgia Finishing, Inc v Di-Chem, Inc, supra, p 606 (emphasis supplied). | 1 | 1 |
Mullane v. Central Hanover Bank & Trust Co.green2 sentences1972Although the Court has held that due process tolerates variances in the form of a hearing 'appropriate to the nature of the case,’ Mullane v Central Hanover Tr Co, 339 US 306, 313 [ 70 S Ct 652, 657 ; 94 L Ed 865 , 873 (1950)], and 'depending upon the importance of the interests involved and the nature of the subsequent proceedings [if any],’ Boddie v Connecticut, 401 US 371, 378 [ 91 S Ct 780, 786 ; 28 L Ed 2d 113, 119 (1971)], the Court had traditionally insisted that, whatever its form, opportunity for that hearing must be provided before the deprivation at issue takes effect. * * * 'That t 1972Although the Court has held that due process tolerates variances in the form of a hearing 'appropriate to the nature of the case,’ Mullane v Central Hanover Tr Co, 339 US 306, 313 [ 70 S Ct 652, 657 ; 94 L Ed 865 , 873 (1950)], and 'depending upon the importance of the interests involved and the nature of the subsequent proceedings [if any],’ Boddie v Connecticut, 401 US 371, 378 [ 91 S Ct 780, 786 ; 28 L Ed 2d 113, 119 (1971)], the Court had traditionally insisted that, whatever its form, opportunity for that hearing must be provided before the deprivation at issue takes effect. * * * 'That t | 1 | 1 |
Boddie v. Connecticutgreen2 sentences1972Although the Court has held that due process tolerates variances in the form of a hearing 'appropriate to the nature of the case,’ Mullane v Central Hanover Tr Co, 339 US 306, 313 [ 70 S Ct 652, 657 ; 94 L Ed 865 , 873 (1950)], and 'depending upon the importance of the interests involved and the nature of the subsequent proceedings [if any],’ Boddie v Connecticut, 401 US 371, 378 [ 91 S Ct 780, 786 ; 28 L Ed 2d 113, 119 (1971)], the Court had traditionally insisted that, whatever its form, opportunity for that hearing must be provided before the deprivation at issue takes effect. * * * 'That t 1972Although the Court has held that due process tolerates variances in the form of a hearing 'appropriate to the nature of the case,’ Mullane v Central Hanover Tr Co, 339 US 306, 313 [ 70 S Ct 652, 657 ; 94 L Ed 865 , 873 (1950)], and 'depending upon the importance of the interests involved and the nature of the subsequent proceedings [if any],’ Boddie v Connecticut, 401 US 371, 378 [ 91 S Ct 780, 786 ; 28 L Ed 2d 113, 119 (1971)], the Court had traditionally insisted that, whatever its form, opportunity for that hearing must be provided before the deprivation at issue takes effect. * * * 'That t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nordlund & Associates, Inc. v. Village of Hesperia
green
2 sentences2018“Arbitrators exceed their power when they ‘act beyond the material terms of the contract from which they primarily draw their authority, or in contravention of controlling principles of law.’ ”5 The Galasso parties’ position on appeal concerns the later form of error. 2 Although the Galasso parties’ motion refers to 2006, we note that the professional services agreement was executed on February 26, 2007. 3 Nordlund & Assoc, Inc v Hesperia, 288 Mich App 222, 226 ; 792 NW2d 59 (2010). 4 MCL 691.1703(1)(d). 2018“Arbitrators exceed their power when they ‘act beyond the material terms of the contract from which they primarily draw their authority, or in contravention of controlling principles of law.’ ”5 The Galasso parties’ position on appeal concerns the later form of error. 2 Although the Galasso parties’ motion refers to 2006, we note that the professional services agreement was executed on February 26, 2007. 3 Nordlund & Assoc, Inc v Hesperia, 288 Mich App 222, 226 ; 792 NW2d 59 (2010). 4 MCL 691.1703(1)(d). | 2 | 2018–2018 |
Saveski v. Tiseo Architects, Inc.
green
2 sentences2018MCR 3.602(J)(2)(c) similarly directs the court to vacate an award if the arbitrator exceeds his or her power. 5 Saveski v Tiseo Architects, Inc, 261 Mich App 553, 554 ; 682 NW2d 542 (2004), quoting Detroit Auto Inter-Ins Exch v Gavin, 416 Mich 407, 434 ; 331 NW2d 418 (1982). -4- “Where it clearly appears on the face of the award or the reasons for the decision as stated, being substantially a part of the award, that the arbitrators through an error in law have been led to a wrong conclusion, and that, but for such error, a substantially different award must have been made, the award and decisi 2018MCR 3.602(J)(2)(c) similarly directs the court to vacate an award if the arbitrator exceeds his or her power. 5 Saveski v Tiseo Architects, Inc, 261 Mich App 553, 554 ; 682 NW2d 542 (2004), quoting Detroit Auto Inter-Ins Exch v Gavin, 416 Mich 407, 434 ; 331 NW2d 418 (1982). -4- “Where it clearly appears on the face of the award or the reasons for the decision as stated, being substantially a part of the award, that the arbitrators through an error in law have been led to a wrong conclusion, and that, but for such error, a substantially different award must have been made, the award and decisi | 2 | 2018–2018 |
Detroit Automobile Inter-Insurance Exchange v. Gavin
green
2 sentences2018MCR 3.602(J)(2)(c) similarly directs the court to vacate an award if the arbitrator exceeds his or her power. 5 Saveski v Tiseo Architects, Inc, 261 Mich App 553, 554 ; 682 NW2d 542 (2004), quoting Detroit Auto Inter-Ins Exch v Gavin, 416 Mich 407, 434 ; 331 NW2d 418 (1982). -4- “Where it clearly appears on the face of the award or the reasons for the decision as stated, being substantially a part of the award, that the arbitrators through an error in law have been led to a wrong conclusion, and that, but for such error, a substantially different award must have been made, the award and decisi 2018MCR 3.602(J)(2)(c) similarly directs the court to vacate an award if the arbitrator exceeds his or her power. 5 Saveski v Tiseo Architects, Inc, 261 Mich App 553, 554 ; 682 NW2d 542 (2004), quoting Detroit Auto Inter-Ins Exch v Gavin, 416 Mich 407, 434 ; 331 NW2d 418 (1982). -4- “Where it clearly appears on the face of the award or the reasons for the decision as stated, being substantially a part of the award, that the arbitrators through an error in law have been led to a wrong conclusion, and that, but for such error, a substantially different award must have been made, the award and decisi | 2 | 2018–2018 |
Kloian v. Domino's Pizza, LLC
green
1 sentence2024Kloian, 273 Mich App at 452 . | 1 | 2024–2024 |
Adams v. United States Ex Rel. McCann
green
2 sentences2020Ayers does not dispute that on the second day of trial, he signed a form waiver attesting that he “fully” understood “that under the laws of this state I have a constitutional right to a trial by jury.” Nevertheless, he contends, no “independent indicia” support that he knowingly and voluntarily signed it, or that he truly understood his rights at that time. “[W]hether or not there is an intelligent, competent, self-protecting waiver of jury trial by an accused must depend upon the unique circumstances of each case.” Adams v US ex rel McCann, 317 US 269, 278 ; 63 S Ct 236, 241 ; 87 L Ed 268 (1 2020Ayers does not dispute that on the second day of trial, he signed a form waiver attesting that he “fully” understood “that under the laws of this state I have a constitutional right to a trial by jury.” Nevertheless, he contends, no “independent indicia” support that he knowingly and voluntarily signed it, or that he truly understood his rights at that time. “[W]hether or not there is an intelligent, competent, self-protecting waiver of jury trial by an accused must depend upon the unique circumstances of each case.” Adams v US ex rel McCann, 317 US 269, 278 ; 63 S Ct 236, 241 ; 87 L Ed 268 (1 | 1 | 2020–2020 |
Dlaikan v. Roodbeen
red
2 sentences2015To do so is to set foot on the proverbial slippery slope toward entanglement in matters of doctrine or ecclesiastical polity. [Id. at 593 (citation omitted).] The Dlaikan Court stated that in determining whether a dispute is based on religious doctrine and ecclesiastical polity, “[r]eference to the form of the claim may oversimplify the issue.” Id. 2015Instead, courts “must look to the substance and effect of [the] complaint, not its emblemata.” Id. (citation and internal quotation marks omitted). | 1 | 2015–2015 |
People v. Sullivan
green
2 sentences2014“The optimum instruction,” the Court mused, “will generate discussion directed towards the resolution of the case but will avoid forcing a decision.” People v *163 Sullivan, 392 Mich 324, 334 ; 220 NW2d 441 (1974). 2014“The optimum instruction,” the Court mused, “will generate discussion directed towards the resolution of the case but will avoid forcing a decision.” People v *163 Sullivan, 392 Mich 324, 334 ; 220 NW2d 441 (1974). | 1 | 2014–2014 |
Northwestern National Casualty Co. v. Commissioner of Insurance
green
2 sentences2008In Northwestern, supra at 487-490 , this Court discussed the standard of review circuit courts must apply to decisions of the insurance commissioner: The Michigan Constitution provides that “[a]ll final decisions ... of any administrative officer or agency existing under the constitution or hy law, which are judicial or quasi-judicial and affect private rights or licenses, shall be subject to direct review by the courts as provided by law. 2008In Northwestern, supra at 487-490 , 586 N.W.2d 563 , this Court discussed the standard of review circuit courts must apply to decisions of the insurance commissioner: The Michigan Constitution provides that "[a]ll final decisions ... of any administrative officer or agency existing under the constitution or by law, which are judicial or quasi-judicial and affect private rights or licenses, shall be subject to direct review by the courts as provided by law. | 1 | 2008–2008 |
Schlumm v. O'HAGAN
green
2 sentences1999Further, in Schlumm v Terrence J O’Hagan, PC, 173 Mich App 345, 356 ; 433 NW2d 839 (1988), this Court adopted the reasoning set forth in Knoblauch , stating that once a *482 full and fair determination has been made that a plaintiff received the effective assistance of counsel, “the plaintiff has had his day in court and is now collaterally estopped from again raising the same issue” in the form of a claim of legal malpractice. 1999Further, in Schlumm v Terrence J O’Hagan, PC, 173 Mich App 345, 356 ; 433 NW2d 839 (1988), this Court adopted the reasoning set forth in Knoblauch , stating that once a *482 full and fair determination has been made that a plaintiff received the effective assistance of counsel, “the plaintiff has had his day in court and is now collaterally estopped from again raising the same issue” in the form of a claim of legal malpractice. | 1 | 1999–1999 |
Perch v. New York Central Railroad
green
1 sentence1957Co., 294 Mich 227, 235 . | 1 | 1957–1957 |
Garstka v. Republic Steel Corp.
green
1 sentence1950Cook v. City *317 Transport Corp., 272 Mich 91 ; Garstka v. Republic Steel Corp., 294 Mich 387 ; Larabell v. Schuknecht, 308 Mich 419 . | 1 | 1950–1950 |
Cook v. City Transport Corp.
green
1 sentence1950Cook v. City *317 Transport Corp., 272 Mich 91 ; Garstka v. Republic Steel Corp., 294 Mich 387 ; Larabell v. Schuknecht, 308 Mich 419 . | 1 | 1950–1950 |
Larabell v. Schuknecht
green
1 sentence1950Cook v. City *317 Transport Corp., 272 Mich 91 ; Garstka v. Republic Steel Corp., 294 Mich 387 ; Larabell v. Schuknecht, 308 Mich 419 . | 1 | 1950–1950 |
People v. Durrant
green
2 sentences1923In People v. Durrani, 116 Cal. 179 ( 48 Pac. 75 ), the clothing of a slain woman was draped upon a dressmaker’s form and error was predicated upon the use of the form and the refusal of the court to order the garments removed from it. 1923In People v. Durrani, 116 Cal. 179 ( 48 Pac. 75 ), the clothing of a slain woman was draped upon a dressmaker’s form and error was predicated upon the use of the form and the refusal of the court to order the garments removed from it. | 1 | 1923–1923 |
Miley v. Grand Traverse Circuit Judge
green
1 sentence1923We are impressed that, in view of some former decisions of the court, a rule upon this subject should be announced only in the form of a rule to take effect in the future.” A reconsideration of the language of the statute has led us to hold in effect in Miley v. Grand Traverse Circuit Judge, 217 Mich. 415 , that the statute was mandatory and that unless the 60-day extension was applied for before the 20-day period expired, the court lost jurisdiction and could grant no further time. | 1 | 1923–1923 |
Roach v. Wayne Circuit Judge
neutral
1 sentence1918We are impressed that in view of some former decisions of the court, a rule upon this subject should be announced only in the form of a rule to take effect in the future.” Previously, in the case of Roach v. Wayne Circuit Judge, 117 Mich. 242 , this court had said: “It is further provided that no more than 60 days’ further time shall be granted except for good cause shown by affidavit on special motion after notice to the adverse party. | 1 | 1918–1918 |
Whiting v. Burkhardt
green
1 sentence1914Whiting v. Burkhardt, 178 Mass. 535 ( 60 N. E. 1 , 52 L. | 1 | 1914–1914 |
| State v. Sawtelle green | 1 | 1904–1904 |
| Sherman v. Proprietors of Connecticut River Bridge green | 1 | 1877–1877 |
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.