stale claim (Michigan) · Go Syfert
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stale claim in Michigan

20 Michigan opinions name it 2 courts 1944–2025 2 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 (3)

CaseFollowedCited
Hiner v. State Highway Commissiongreen
michctapp · 1980 · cited in 3 Michigan opinions naming this issue, 1982–1983
2 sentences

1983Compare Hiner v State Highway Comm, 96 Mich App 497 ; 292 NW2d 709 (1980), lv den 409 Mich 914 (1980).” (Footnote omitted.) 117 Mich App 278 -280.

1983Compare Hiner v State Highway Comm, 96 Mich App 497 ; 292 NW2d 709 (1980), lv den 409 Mich 914 (1980).” (Footnote omitted.) 117 Mich App 278 -280.

23
Chase v. Sabingreen
mich · 1994 · cited in 3 Michigan opinions naming this issue, 2001–2007
2 sentences

2007The discovery rule tends to undermine the sense of security that the statute of limitations was designed to provide, namely, that at some point a person is entitled to put the past behind him and leave it there. [Olsen, The discovery rule in New Jersey; Unlimited limitation on the statute of limitations, 42 Rutgers L R 205, 211-212 (1989).]” Given the competing interests of balancing the plaintiffs right to bring a claim once a plaintiff learns of the injuries with the defendant’s right not to have to defend a stale claim, the Stephens Court went on to discuss when to apply the discovery rule:

2007The discovery rule tends to undermine the sense of security that the statute of limitations was designed to provide, namely, that at some point a person is entitled to put the past behind him and leave it there. [Olsen, The discovery rule in New Jersey: Unlimited limitation on the statute of limitations, 42 Rutgers L R 205, 211-212 (1989).]” Given the competing interests of balancing the plaintiff’s right to bring a claim once a plaintiff learns of the injuries with the defendant’s right not to have to defend a stale claim, the Stephens Court went on to discuss when to apply the discovery rule

13
Brown v. Jojo-Ab, Incgreen
michctapp · 1991 · cited in 1 Michigan opinions naming this issue, 1996–1996
1 sentence

1996See Brown, supra at 213 (Murphy, J., dissenting).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (14)

CaseCitedYears
Stephens v. Dixon green
mich · 1995
2 sentences

2021Stephens v Dixon, 449 Mich 531, 534 ; 536 NW2d 755 (1995).

2021Stephens v Dixon, 449 Mich 531, 534 ; 536 NW2d 755 (1995).

22020–2021
White v. Michigan Consolidated Gas Co. green
mich · 1958
2 sentences

1987The purpose of the one-year-back rule is "to guarantee a defendant prompt notice of claim for subsequent compensation, and to prohibit imposing on a defendant the burden of defending a stale claim.” White v Michigan Consolidated Gas Co, 352 Mich 201, 212 ; 89 NW2d 439 (1958).

1987The purpose of the one-year-back rule is "to guarantee a defendant prompt notice of claim for subsequent compensation, and to prohibit imposing on a defendant the burden of defending a stale claim.” White v Michigan Consolidated Gas Co, 352 Mich 201, 212 ; 89 NW2d 439 (1958).

21978–1987
Citizens Insurance v. Scholz green
michctapp · 2006
2 sentences

2025Contractors would not enjoy the “repose” that the statute intends to guarantee if plaintiffs, barred from bringing claims arising out of the finished result of an -3- improvement, could nonetheless bring claims arising out of the construction practices employed in making the improvement. [Id. at 200-201 (cleaned up).] Abbott’s reasoning was applied to a project similar to the one at issue here in Citizens Ins Co v Scholz, 268 Mich App 659 ; 709 NW2d 164 (2005).

2025Contractors would not enjoy the “repose” that the statute intends to guarantee if plaintiffs, barred from bringing claims arising out of the finished result of an -3- improvement, could nonetheless bring claims arising out of the construction practices employed in making the improvement. [Id. at 200-201 (cleaned up).] Abbott’s reasoning was applied to a project similar to the one at issue here in Citizens Ins Co v Scholz, 268 Mich App 659 ; 709 NW2d 164 (2005).

12025–2025
McLean v. McElhaney green
michctapp · 2006
2 sentences

2007McLean v McElhaney, 269 Mich App 196 ; 711 NW2d 775 (2005).

2007McLean v McElhaney, 269 Mich App 196 ; 711 NW2d 775 (2005).

12007–2007
Cowles v. Bank West green
michctapp · 2004
2 sentences

2006As noted by Judge O’Connell, the trial court also erred in certifying the class on the basis of a stale claim. 263 Mich App at 238 .

2006As noted by Judge O'Connell, the trial court also erred in certifying the class on the basis of a stale claim. 263 Mich.App. at 238 , 687 N.W.2d 603 . [5] The majority cites a laundry list of cases allegedly contradicting my position.

12006–2006
Abbott v. John E. Green Co. green
michctapp · 1999
1 sentence

2006Contractors would not enjoy the “repose” that the statute intends to guarantee if plaintiffs, barred from bringing claims arising out of the finished result of an improvement, could nonetheless bring claims arising out of the construction practices employed in making the improvement. [Abbott, supra at 200-201 .] The Abbott Court declined to separate the construction of the improvement from the improvement itself, noting that to do so would be inconsistent with the holding in Pendzsu , in which the defendants’ virtually identical activities were found to be improvements to property for the purp

12006–2006
Osland v. Osland green
nd · 1989
1 sentence

1993See Johnson, supra; *552 Evans, supra; Hammer, supra; Osland, supra. The fact that sexual molestation of children exists, is extensive and leaves deep scars on its victims can no longer be seriously questioned.

11993–1993
General Finance Co. v. Stricker neutral
mich · 1929
1 sentence

1987Buzzn v Muncey Cartage Co, 248 Mich 64, 67 ; 226 NW 836 (1929); Lothian v Detroit, 414 Mich 160, 166 ; 324 NW2d 9 (1982).

11987–1987
Buzzn v. Muncey Cartage Co. green
mich · 1929
1 sentence

1987Buzzn v Muncey Cartage Co, 248 Mich 64, 67 ; 226 NW 836 (1929); Lothian v Detroit, 414 Mich 160, 166 ; 324 NW2d 9 (1982).

11987–1987
Lothian v. City of Detroit green
mich · 1982
2 sentences

1987Buzzn v Muncey Cartage Co, 248 Mich 64, 67 ; 226 NW 836 (1929); Lothian v Detroit, 414 Mich 160, 166 ; 324 NW2d 9 (1982).

1987Buzzn v Muncey Cartage Co, 248 Mich 64, 67 ; 226 NW 836 (1929); Lothian v Detroit, 414 Mich 160, 166 ; 324 NW2d 9 (1982).

11987–1987
Bordas v. Detroit General Hospital green
michctapp · 1980
2 sentences

1987The wcab ruled as follows: Bordas v Detroit General Hospital, 100 Mich App 31 [ 298 NW2d 655 ] (1980), at first blush, appears to support defendant’s current argument that we must measure imposition of the one-year-back rule from the date of the subsequent petition’s filing.

1987The wcab ruled as follows: Bordas v Detroit General Hospital, 100 Mich App 31 [ 298 NW2d 655 ] (1980), at first blush, appears to support defendant’s current argument that we must measure imposition of the one-year-back rule from the date of the subsequent petition’s filing.

11987–1987
Miner v. National Casualty Co. neutral
mich · 1911
2 sentences

1986The issue was before the Supreme Court in Miner v National Casualty Co, 166 Mich 669 ; 132 NW 446 (1911).

1986The issue was before the Supreme Court in Miner v National Casualty Co, 166 Mich 669 ; 132 NW 446 (1911).

11986–1986
State, Department of Revenue v. Wilson green
mont · 1981
2 sentences

1982This reasoning found recent support in Montana Dep’t of Revenue v Wilson, — Mont —; 634 P2d 172 (1981), in which a three-year statute of limitations was held unconstitutional as applied to illegitimate children.

1982This reasoning found recent support in Montana Dep't of Revenue v Wilson, ___ Mont ___; 634 P2d 172 (1981), in which a three-year statute of limitations was held unconstitutional as applied to illegitimate children.

11982–1982
Smith v. Smith neutral
mich · 1929
1 sentence

1944In the case of Smith v. Smith, 246 Mich. 80 , involving proceedings for the nonpayment of alimony, we said: ' ‘ Over 20 years elapsed between the time payment was due under the decree and the date of filing this petition.

11944–1944

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 600.5805 (6) MI § Mich. Comp. Laws § 500.3145 (5) MI § Mich. Comp. Laws § 600.5855 (5) MI § Mich. Comp. Laws § 600.5827 (4) MI § Mich. Comp. Laws § 600.5839 (4) MI § Mich. Comp. Laws § 600.5856 (4) MI § Mich. Comp. Laws § 445.901 (3) MI § Mich. Comp. Laws § 600.5807 (3) MI § Mich. Comp. Laws § 600.5838 (3) MI § Mich. Comp. Laws § 600.5838a (3) MI § Mich. Comp. Laws § 600.5852 (3) MI § Mich. Comp. Laws § 600.5869 (3)

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.

Where else courts name it

PA 27 (1922–2019) MI 20 (1944–2025) CA 17 (1900–2020) NJ 15 (1917–2023) NY 12 (1940–2013) NM 11 (1975–2024) MD 10 (1913–2021) ME 8 (1993–2024) LA 8 (1905–1999) WA 7 (1998–2023) TX 7 (1883–2019) TN 6 (1974–2010) IL 6 (2009–2013) FL 6 (1988–2015) CO 5 (1992–2012) UT 5 (1934–2020) OH 4 (1983–2024) MO 4 (1968–2000) HI 4 (1991–2018) KY 3 (1910–1925) OR 3 (1959–2009) CT 3 (1998–2011) IA 3 (1911–1978) MS 3 (1892–2009) NV 3 (1990–2014) WV 2 (1981–1981) WY 2 (2015–2015) NC 2 (1953–1953) OK 2 (1925–1957) MN 2 (1995–2011)

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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