overarching rule (Michigan) · Go Syfert
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overarching rule in Michigan

16 Michigan opinions name it 2 courts 1997–2026 1 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 (2)

CaseFollowedCited
Obergefell v. Hodgesgreen
scotus · 2015 · cited in 3 Michigan opinions naming this issue, 2018–2018
2 sentences

2018See also McLaughlin v. Jones , 243 Ariz. 29 , 34, 401 P.3d 492 (2017) (reasoning that "the benefits attendant to marriage were expressly part of the [ Obergefell ] Court's rationale for concluding that the Constitution does not permit states to bar same-sex couples from marriage 'on the same terms' "), quoting Obergefell , 579 U.S. at ----, 135 S.Ct. at 2607 (emphasis added); In re Carter Estate , 159 A.3d 970 , 977 2017 PA Super 104 (2017) (holding that Obergefell was limited to recognizing the constitutional right of same-sex couples to marry under state law and not to be subsequently *177 d

2018See also McLaughlin v Jones, 243 Ariz 29, ___; 401 P3d 492 , 497 (2017) (reasoning that “the benefits attendant to marriage were expressly part of the [Obergefell] Court’s rationale for concluding that the Constitution does not permit states to bar same-sex couples from marriage ‘on the same terms’ ”), quoting Obergefell, ___ US at ___; 135 S Ct at 2607 (emphasis added); In re Estate of Carter, ___ Pa ___, ___; 159 A3d 970, 977 (2017) (Obergefell was limited to recognizing the constitutional right of same-sex couples to marry under state law and not to be subsequently denied the same state law

33
Powell v. Employment Security Commissiongreen
mich · 1956 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026See Powell, 345 Mich at 479 (SMITH, 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 (13)

CaseCitedYears
Pavan v. Smith green
scotus · 2017
2 sentences

2018And, as Pavan , 582 U.S. at ----, 137 S.Ct. at 2078 , recognized, the overarching principle from Obergefell requires states to afford the *259 same marriage - related benefits to same-sex married couples that are afforded to heterosexual married couples.

2018And, as Pavan, ___ US at ___; 137 S Ct at 2078 recognized, the overarching principle from Obergefell requires states to afford the same marriage-related benefits to same-sex married couples that are afforded to heterosexual married couples.

32018–2018
Sun Valley Foods Co. v. Ward green
mich · 1999
2 sentences

2009“If the language of [a] statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” Sun Valley Foods Co v Ward, 460 Mich 230, 236 ; 596 NW2d 119 (1999).

2009“If the language of [a] statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” Sun Valley Foods Co v Ward, 460 Mich 230, 236 ; 596 NW2d 119 (1999).

32008–2009
In Re Certified Question green
mich · 1989
2 sentences

2009An overarching rule of statutory construction is “that this Court must enforce clear and unambiguous statutory provisions as written.” In re Certified Question (Preferred Risk Mut Ins Co v Michigan Catastrophic Claims Ass’n), 433 Mich 710, 721 ; 449 NW2d 660 (1989) (quotation marks omitted).

2009An overarching rule of statutory construction is “that this Court must enforce clear and unambiguous statutory provisions as written.” In re Certified Question (Preferred Risk Mut Ins Co v Michigan Catastrophic Claims Ass’n), 433 Mich 710, 721 ; 449 NW2d 660 (1989) (quotation marks omitted).

32008–2009
Florida v. Nixon green
scotus · 2004
2 sentences

2018Id.

2018Id.

22018–2018
Rowland v. Washtenaw County Road Commission green
mich · 2007
2 sentences

2015Notwithstanding questions of agency, I believe that this overarching principle of constructive notice distinguishes this case from Rowland v 4 Washtenaw Co Rd Comm, 477 Mich 197 (2007), another case arising under the GTLA, in which this Court required strict interpretation of notice provisions.

2015Notwithstanding questions of agency, I believe that this overarching principle of constructive notice distinguishes this case from Rowland v 4 Washtenaw Co Rd Comm, 477 Mich 197 (2007), another case arising under the GTLA, in which this Court required strict interpretation of notice provisions.

22015–2015
Garrett v. W. S. Butterfield Theatres, Inc. green
mich · 1933
2 sentences

2018This is merely a specific application of the overarching rule of premises liability that a premises possessor "is not under legal duty to prevent careless persons from hurting themselves." Garret , 261 Mich. at 264 , 246 N.W. 57 .

2018This is merely a specific application of the overarching rule of premises liability that a premises possessor "is not under legal duty to prevent careless persons from hurting themselves." Garret , 261 Mich. at 264 , 246 N.W. 57 .

12018–2018
People v. Anderson green
mich · 1976
1 sentence

2018Third, the trial court must be satisfied that the defendant will not disrupt, unduly inconvenience, and burden the court or the administration of court business. [Id. at 634, citing Anderson, 398 Mich at 367-368 .] The overarching requirement is “substantial compliance,” such that “a short colloquy with the defendant” regarding the requirements set forth in Anderson is all that is required.

12018–2018
People v. Russell green
mich · 2004
1 sentence

2018Russell, 471 Mich at 191 .

12018–2018
Stitt v. Holland Abundant Life Fellowship green
mich · 2000
2 sentences

2018To the extent that plaintiff alleges that defendants may be held liable for failure to affirmatively illuminate the mudroom, I disagree for the simple reason that "[t]he landowner owes no [affirmative legal] duty ... to make the premises safe for the licensee's visit." Stitt , 462 Mich. at 596 , 614 N.W.2d 88 .

2018To the extent that plaintiff alleges that defendants may be held liable for failure to affirmatively illuminate the mudroom, I disagree for the simple reason that "[t]he landowner owes no [affirmative legal] duty ... to make the premises safe for the licensee's visit." Stitt , 462 Mich. at 596 , 614 N.W.2d 88 .

12018–2018
In Re: Estate of Carter, S., Appeal of: Hunter, M. green
pasuperct · 2017
2 sentences

2018See also McLaughlin v. Jones , 243 Ariz. 29 , 34, 401 P.3d 492 (2017) (reasoning that "the benefits attendant to marriage were expressly part of the [ Obergefell ] Court's rationale for concluding that the Constitution does not permit states to bar same-sex couples from marriage 'on the same terms' "), quoting Obergefell , 579 U.S. at ----, 135 S.Ct. at 2607 (emphasis added); In re Carter Estate , 159 A.3d 970 , 977 2017 PA Super 104 (2017) (holding that Obergefell was limited to recognizing the constitutional right of same-sex couples to marry under state law and not to be subsequently *177 d

2018See also McLaughlin v. Jones , 243 Ariz. 29 , 34, 401 P.3d 492 (2017) (reasoning that "the benefits attendant to marriage were expressly part of the [ Obergefell ] Court's rationale for concluding that the Constitution does not permit states to bar same-sex couples from marriage 'on the same terms' "), quoting Obergefell , 579 U.S. at ----, 135 S.Ct. at 2607 (emphasis added); In re Carter Estate , 159 A.3d 970 , 977 2017 PA Super 104 (2017) (holding that Obergefell was limited to recognizing the constitutional right of same-sex couples to marry under state law and not to be subsequently *177 d

12018–2018
Johnson v. Recca green
mich · 2012
2 sentences

2014Johnson v Recca, 492 Mich 169, 175 ; 821 NW2d 520 (2012).

2014Johnson v Recca, 492 Mich 169, 175 ; 821 NW2d 520 (2012).

12014–2014
United States Fidelity & Guaranty Co. v. Michigan Catastrophic Claims Ass'n green
mich · 2009
2 sentences

2012The party liable for damages is entitled to an exemption reducing his or her liability 4 by the amount of taxes that would have been payable on account of income the injured person would have received if he or she had not been injured. [Emphasis added.] “An overarching rule of statutory construction is that this Court must enforce clear and unambiguous statutory provisions as written.” United States Fidelity & Guaranty Co v Mich Catastrophic Claims Ass’n (On Rehearing), 484 Mich 1, 12 ; 795 NW2d 101 (2009) (USF&G) (quotation marks and citation omitted).

2012The party liable for damages is entitled to an exemption reducing his or her liability by the amount of taxes that would have been payable on account of income the injured person would have received if he or she had not been injured. [Emphasis added.] “An overarching rule of statutory construction is that this Court must enforce clear and unambiguous statutory provisions as written.” United States Fidelity & Guaranty Co v Mich Catastrophic Claims Ass’n (On Rehearing), 484 Mich 1, 12 ; 795 NW2d 101 (2009) (USF&G) (quotation marks and citation omitted).

12012–2012
Kreski v. Modern Wholesale Electric Supply Co. green
mich · 1987
2 sentences

1997Several exceptions involving factual situations not presented here have developed in the states employing a fireman's rule." Id. at 370 , 415 N.W.2d 178 .

1997Several exceptions involving factual situations not presented here have developed in the states employing a fireman's rule." Id. at 370 , 415 N.W.2d 178 .

11997–1997

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 500.3101 (5) MI § Mich. Comp. Laws § 500.3107 (5) MI § Mich. Comp. Laws § 500.3105 (4) MI § Mich. Comp. Laws § 500.3104 (3) MI § Mich. Comp. Laws § 722.21 (3) MI § Mich. Comp. Laws § 722.22 (3) MI § Mich. Comp. Laws § 722.27 (3) MI § Mich. Comp. Laws § 750.227b (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

CA 139 (1998–2026) TX 39 (1996–2026) NY 38 (1997–2026) MD 26 (1992–2026) NJ 25 (1983–2022) PA 20 (2003–2026) UT 19 (1951–2024) KS 19 (1998–2025) WA 17 (1997–2025) MO 17 (1985–2024) MI 16 (1997–2026) OR 15 (2003–2025) IA 13 (2003–2025) MA 13 (2001–2025) IL 12 (1993–2026) AZ 11 (2006–2015) LA 11 (1997–2024) OH 10 (1999–2026) NM 10 (2004–2025) DE 9 (2009–2022) NV 9 (2010–2022) WI 9 (2003–2022) IN 9 (2008–2019) CT 9 (1990–2019) FL 8 (1993–2019) OK 7 (1995–2016) NC 7 (2000–2020) VA 7 (2001–2021) WV 6 (1998–2022) GA 6 (2008–2017) KY 6 (2005–2025) MN 5 (1997–2017) CO 5 (2014–2025) MS 5 (2005–2018) TN 4 (2000–2019) RI 4 (2002–2022) SC 3 (2006–2022) ME 3 (1991–2023) AL 3 (2010–2017) AR 2 (2011–2019) NH 2 (2006–2020) AK 2 (2019–2025) HI 2 (2015–2015) DC 2 (2022–2022) NE 2 (2020–2025)

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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