invalid privilege (Michigan) · Go Syfert
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invalid privilege in Michigan

15 Michigan opinions name it 2 courts 1967–2023 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
Cowles v. Bank Westgreen
michctapp · 2004 · cited in 1 Michigan opinions naming this issue, 2006–2006
2 sentences

2006If class members cannot rely on the named plaintiff to toll the period of limitations on their claims, each class member will he required to separately bring all claims in his own name on the chance that the representative plaintiff will later be found to have an invalid claim and that the benefit of tolling will not apply. [Cowles, supra at 228 (citation omitted).] Additionally, we must observe that we are puzzled by Justice COKKIGAN’s assertion that “there is nothing to toll” in this case.

2006If class members cannot rely on the named plaintiff to toll the period of limitations on their claims, each class member will be required to separately bring all claims in his own name on the chance that the representative plaintiff will later be found to have an invalid claim and that the benefit of tolling will not apply. [ Cowles, supra at 228, 687 N.W.2d 603 (citation omitted).] [13] Additionally, we must observe that we are puzzled by Justice Corrigan's assertion that "there is nothing to toll" in this case.

11
Zerby v. Warrengreen
minn · 1973 · cited in 1 Michigan opinions naming this issue, 1982–1982
2 sentences

1982Zerby v Warren, 297 Minn 134, 141; 210 NW2d 58, 63 (1973).

1982Zerby v Warren, 297 Minn 134, 141; 210 NW2d 58, 63 (1973).

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 (18)

CaseCitedYears
Federal National Mortgage Ass'n v. Lagoons Forest Condominium Ass'n green
michctapp · 2014
2 sentences

2018Id.

2018Id.

22018–2018
People v. Lukity green
mich · 1999
2 sentences

2018People v Gearns, 457 Mich 170, 198-202 ; 577 NW2d 422 (1998) (opinion by BRICKLEY, J.), overruled in part on other grounds by People v Lukity, 460 Mich 484 ; 596 NW2d 607 (1999).

2018People v Gearns, 457 Mich 170, 198-202 ; 577 NW2d 422 (1998) (opinion by BRICKLEY, J.), overruled in part on other grounds by People v Lukity, 460 Mich 484 ; 596 NW2d 607 (1999).

22015–2018
People v. Gearns green
mich · 1998
2 sentences

2018People v Gearns, 457 Mich 170, 198-202 ; 577 NW2d 422 (1998) (opinion by BRICKLEY, J.), overruled in part on other grounds by People v Lukity, 460 Mich 484 ; 596 NW2d 607 (1999).

2018People v Gearns, 457 Mich 170, 198-202 ; 577 NW2d 422 (1998) (opinion by BRICKLEY, J.), overruled in part on other grounds by People v Lukity, 460 Mich 484 ; 596 NW2d 607 (1999).

22015–2018
Coleman v. Alabama green
scotus · 1970
2 sentences

2023We concluded that Coleman v Alabama, 399 US 1, 11 ; 90 S Ct 1999 ; 26 L Ed 2d 387 (1970), controlled, narrowly holding that denial of counsel at a preliminary examination is not a structural error and is, therefore, subject to harmless- error review.

2023We concluded that Coleman v Alabama, 399 US 1, 11 ; 90 S Ct 1999 ; 26 L Ed 2d 387 (1970), controlled, narrowly holding that denial of counsel at a preliminary examination is not a structural error and is, therefore, subject to harmless- error review.

12023–2023
People v. Carines green
mich · 1999
1 sentence

2023Therefore, the forfeiture doctrine under People v Carines, 460 Mich 750 (1999), did not apply.

12023–2023
People v. Paasche green
michctapp · 1994
2 sentences

2015If the witness does so intend, then the witness may not be called. [People v Gearns, 457 Mich 170, 202 ; 577 NW2d 422 (1998), overruled on other grounds by People v Lukity, 460 Mich 484 ; 596 NW2d 607 (1999).] “If the court determines the assertion of the privilege to be valid, the inquiry ends and the witness is excused.” People v Paasche, 207 Mich App 698, 709 ; 525 NW2d 914 (1994).

2015If the witness does so intend, then the witness may not be called. [People v Gearns, 457 Mich 170, 202 ; 577 NW2d 422 (1998), overruled on other grounds by People v Lukity, 460 Mich 484 ; 596 NW2d 607 (1999).] “If the court determines the assertion of the privilege to be valid, the inquiry ends and the witness is excused.” People v Paasche, 207 Mich App 698, 709 ; 525 NW2d 914 (1994).

12015–2015
Lamoreaux v. Ellis green
· 1891
2 sentences

2009Although quo warranto is most often used to determine competing claims to an office, Lamoreaux v Ellis, 89 Mich 146, 161 ; 50 NW 812 (1891), nonetheless makes clear that an action for quo warranto may be used to oust a current “intruder” from office even without a competing claim.

2009Although quo warranto is most often used to determine competing claims to an office, Lamoreaux v Ellis, 89 Mich 146, 161 ; 50 NW 812 (1891), nonetheless makes clear that an action for quo warranto may be used to oust a current “intruder” from office even without a competing claim.

12009–2009
Osterhous ex rel. Vander Veen v. Van Duren neutral
mich · 1912
1 sentence

2009The only apparent exception to the rule that a quo warranto action may only he brought to oust an officer who is currently exercising authority under an invalid claim to office is described in Osterhous ex rel Vander Veen v Van Duren, 168 Mich 464, 466 ; 134 NW 456 (1912), in which this Court stated: Ordinarily proceedings to try title to a public office cannot be brought after the term has expired, or when it is so nearly expired that the inquiry would be of no effect; but an action commenced during the term of office may be prosecuted to final judgment after the expiration of the term, for t

12009–2009
People v. Babcock green
mich · 2003
2 sentences

2005Babcock, supra at 258-261 .

2005Babcock, supra at 260-261 .

12005–2005
People v. Pruitt green
michctapp · 1970
2 sentences

2003Further, defendant’s expression of dissatisfaction with counsel is not an unequivocal request to represent himself, People v Pruitt, 28 Mich App 270, 272 ; 184 NW2d 292 (1970), nor does the presence of standby counsel legitimize an invalid waiver of counsel, People v Lane, 453 Mich 132, 138 ; *13 551 NW2d 382 (1996).

2003Further, defendant’s expression of dissatisfaction with counsel is not an unequivocal request to represent himself, People v Pruitt, 28 Mich App 270, 272 ; 184 NW2d 292 (1970), nor does the presence of standby counsel legitimize an invalid waiver of counsel, People v Lane, 453 Mich 132, 138 ; *13 551 NW2d 382 (1996).

12003–2003
People v. Lane green
mich · 1996
2 sentences

2003Further, defendant’s expression of dissatisfaction with counsel is not an unequivocal request to represent himself, People v Pruitt, 28 Mich App 270, 272 ; 184 NW2d 292 (1970), nor does the presence of standby counsel legitimize an invalid waiver of counsel, People v Lane, 453 Mich 132, 138 ; *13 551 NW2d 382 (1996).

2003Further, defendant’s expression of dissatisfaction with counsel is not an unequivocal request to represent himself, People v Pruitt, 28 Mich App 270, 272 ; 184 NW2d 292 (1970), nor does the presence of standby counsel legitimize an invalid waiver of counsel, People v Lane, 453 Mich 132, 138 ; *13 551 NW2d 382 (1996).

12003–2003
Haske v. Transport Leasing, Inc., Indiana green
mich · 1997
1 sentence

2002Plaintiff also contends that Haske, supra, is inapplicable because Rule 10 merely shifts the burden of proof to the employer to show that the employee is no longer disabled.

12002–2002
Sorrells v. United States green
scotus · 1932
1 sentence

2001Id. at 443-446, 53 S.Ct. 210 .

12001–2001
Detroit Base Coalition for the Human Rights of the Handicapped v. Department of Social Services green
mich · 1988
2 sentences

1993In Detroit Base Coalition for Human Rights of Handicapped v Dep't of Social Services, 431 Mich 172 ; 428 NW2d 355 (1988) the DSS was required [32] to promulgate rules providing procedures for hearings where a person contests the denial or reduction *247 of public assistance.

1993In Detroit Base Coalition for Human Rights of Handicapped v Dep’t of Social Services, 431 Mich 172 ; 428 NW2d 355 (1988) the dss was required 32 to promulgate rules providing procedures for hearings where a person contests the denial or reduc tion of public assistance.

11993–1993
Morris v. Metriyakool green
mich · 1984
1 sentence

1985Morris, supra, pp 437-440 .

11985–1985
Rivers v. Ford Motor Co. neutral
michctapp · 1979
2 sentences

1982Wells v Coulter Sales, Inc, 105 Mich App 107 ; 306 NW2d 411 (1981) and Rivers v Ford Motor Co, 90 Mich App 94 ; 280 NW2d 875 (1979). [48] Other courts have similarly refused to apply comparative negligence principles to cases in which contributory negligence had been declared an invalid defense prior to adoption of comparative negligence.

1982Wells v Coulter Sales, Inc, 105 Mich App 107 ; 306 NW2d 411 (1981) and Rivers v Ford Motor Co, 90 Mich App 94 ; 280 NW2d 875 (1979). [48] Other courts have similarly refused to apply comparative negligence principles to cases in which contributory negligence had been declared an invalid defense prior to adoption of comparative negligence.

11982–1982
Wells v. Coulter Sales, Inc neutral
michctapp · 1981
2 sentences

1982Wells v Coulter Sales, Inc, 105 Mich App 107 ; 306 NW2d 411 (1981) and Rivers v Ford Motor Co, 90 Mich App 94 ; 280 NW2d 875 (1979). [48] Other courts have similarly refused to apply comparative negligence principles to cases in which contributory negligence had been declared an invalid defense prior to adoption of comparative negligence.

1982Wells v Coulter Sales, Inc, 105 Mich App 107 ; 306 NW2d 411 (1981) and Rivers v Ford Motor Co, 90 Mich App 94 ; 280 NW2d 875 (1979). [48] Other courts have similarly refused to apply comparative negligence principles to cases in which contributory negligence had been declared an invalid defense prior to adoption of comparative negligence.

11982–1982
People v. Licavoli green
mich · 1933
1 sentence

1967As an introduction to our discussion of the possible constitutional infirmity arising here from an invalid presumption, we cite the Michigan case of People v. Licavoli (1933), 264 Mich 643 . 11 The case in its entirety is valuable reading.

11967–1967

Where else courts name it

TX 56 (1955–2025) NY 44 (1909–2025) CA 36 (1928–2025) FL 25 (1958–2026) OH 24 (1976–2026) IL 22 (1983–2024) LA 18 (1971–2019) CO 18 (1993–2026) ID 16 (1987–2025) OR 16 (1983–2026) MI 15 (1967–2023) PA 15 (1939–2021) MD 13 (1937–2017) MN 12 (1960–2026) WA 12 (1897–2024) WI 9 (1975–2022) AZ 8 (1935–2024) CT 8 (1993–2022) MO 7 (1915–1998) IN 7 (1976–2023) VA 6 (1852–1998) OK 6 (1933–1985) HI 5 (1973–2018) NV 5 (1998–2025) NJ 5 (1959–2026) AL 5 (1898–2016) SD 4 (2007–2025) TN 4 (1940–2009) MA 4 (1983–2020) VT 3 (1987–2016) WV 3 (1946–2014) ME 3 (1985–2012) IA 3 (1976–2014) AR 2 (1988–2021) MS 2 (2010–2021) KS 2 (1985–2022) NM 2 (2001–2006) NC 2 (1989–1997) KY 2 (1928–1931) AK 2 (1975–1996) NH 2 (1977–2006) ND 2 (2006–2006) GA 2 (1989–2003)

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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