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17 Michigan opinions name it 2 courts 1981–2025 11 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 |
|---|---|---|
League Of Women Voters Of Michigan V Secretary Of Stategreen2 sentences2024Next, when a judicial holding establishes a “new principle of law,” we must continue the analysis by next taking into consideration the following three factors: “(1) the purpose to be served by the new rule, (2) the extent of the reliance on the old rule, and (3) the effect of retroactivity on the administration of justice.” League of Women Voters, 508 Mich at 565-566 (quotation marks and citations omitted). 2024On the other hand, we see no injustice to the state where plaintiff was terminated 2 The three factors to be considered by the Court are: “(1) the purpose to be served by the new rule, (2) the extent of the reliance on the old rule, and (3) the effect of retroactivity on the administration of justice.” League of Women Voters, 508 Mich at 565-566 (quotation marks and citations omitted). -5- in November 2021 and the lawsuit was filed a mere six months later in May 2022; therefore, the DHHS received notice of plaintiff’s claims in under a year. [Landin, ___ Mich App at ___; slip op at 6-7.] The C | 6 | 6 |
Pohutski v. City of Allen Parkgreen2 sentences2024Our Supreme Court has stated the test in Michigan for resolving the question of a judicial decision’s retroactivity as follows: “[T]here is a ‘threshold question whether the decision clearly establishe[s] a new principle of law.’ If a decision establishes a ‘new principle of law,’ we then consider three factors: ‘(1) the purpose to be served by the new rule, (2) the extent of the reliance on the old rule, and (3) the effect of retroactivity on the administration of justice.’ [League of Women Voters of Mich. v Secretary of State, 508 Mich. 520 , 565-566, 975 N.W.2d 840 (2022), quoting Pohutski, 2024Our Supreme Court has stated the test in Michigan for resolving the question of a judicial decision’s retroactivity as follows: “[T]here is a ‘threshold question whether the decision clearly establishe[s] a new principle of law.’ If a decision establishes a ‘new principle of law,’ we then consider three factors: ‘(1) the purpose to be served by the new rule, (2) the extent of the reliance on the old rule, and (3) the effect of retroactivity on the administration of justice.’ [League of Women Voters of Mich. v Secretary of State, 508 Mich. 520 , 565-566, 975 N.W.2d 840 (2022), quoting Pohutski, | 1 | 6 |
Susan Christie v. Wayne State Universitygreen2 sentences2025Our Supreme Court has explained that it does not announce a new rule of law when it overrules a decision of the Court of Appeals that misinterpreted a statute contrary to the statute’s plain language, legislative intent, and existing precedent because in that situation, the Supreme Court has reaffirmed the existing law that was misinterpreted by the Court of Appeals. . . . * * * In Christie, our Supreme Court clearly declared the meaning of the law as it existed, based on the unambiguous statutory language, and corrected a relatively short-lived misinterpretation of the law that had served to 2024Regarding the first factor (purpose to be served), the Landin Court observed that the Christie Court had not “specifically engage[d] in an assessment of the purpose to be served by its ruling outside of simply determining the intent of the Legislature and giving effect to that intent,” and said the Supreme Court did explain that the “ ‘[N]otice requirements ensure that the proper state entity learns about a potential claim, can prepare for litigation, and can created reserves to cover potential liability.’ ” Id. at ___; slip op at 6, quoting Christie, 511 Mich at 63-64. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Maxson
green
2 sentences2014Turning to the inquiry required to evaluate the second and third factors “together,” the second factor-- the reliance on the old rule-- must be considered both from the perspective of prosecutors across the state when prosecutors faithfully abided by the constitutional guarantees in place at the time of a defendant’s conviction, see Adams v Illinois, 405 US 278, 283-284 ; 92 S Ct 916 ; 31 L Ed 2d 202 (1972), and Johnson v New Jersey, 384 US 719 , 731; 86 S Ct 1772 ; 16 L Ed 2d 882 (1996), as well as from the collective perspective of the 334 defendants who would be entitled to resentencing if 2014Turning to the inquiry required to evaluate the second and third factors “together,” the second factor — the reliance on the old rule — must be considered both from the perspective of prosecutors across the state when prosecutors faithfully abided by the constitutional guarantees in place at the time of a defendant’s conviction, see Adams v Illinois, 405 US 278, 283-284 ; 92 S Ct 916 ; 31 L Ed 2d 202 (1972), and Johnson v New Jersey, 384 US 719, 731 ; 86 S Ct 1772 ; 16 L Ed 2d 882 (1996), as well as from the collective perspective of the 334 defendants who would be entitled to resentencing if | 4 | 2014–2021 |
Linkletter v. Walker
red
2 sentences2022As to the extent of the reliance on the old rule, it is important to note that until the Court of Appeals recently upheld the checkbox requirement every court that had considered the question held that MCL 168.482(7) was unconstitutional. 24 Further, 23 Michigan derived its three-factor test from Linkletter v Walker, 381 US 618 ; 85 S Ct 1731 ; 14 L Ed 2d 601 (1965). 24 This includes two Court of Claims opinions and a Court of Appeals decision. 2022As to the extent of the reliance on the old rule, it is important to note that until the Court of Appeals recently upheld the checkbox requirement every court that had considered the question held that MCL 168.482(7) was unconstitutional. 24 Further, 23 Michigan derived its three-factor test from Linkletter v Walker, 381 US 618 ; 85 S Ct 1731 ; 14 L Ed 2d 601 (1965). 24 This includes two Court of Claims opinions and a Court of Appeals decision. | 3 | 1982–2022 |
People v. Hampton
green
2 sentences2022If a decision establishes a “new principle of law,” we then consider three factors: “(1) the purpose to be served by the new rule, (2) the extent of the reliance on the old rule, and (3) the effect of retroactivity on the administration of justice.” Pohutski, 465 Mich at 696 , citing People v Hampton, 384 Mich 669, 674 ; 187 NW2d 404 (1971). 2022If a decision establishes a “new principle of law,” we then consider three factors: “(1) the purpose to be served by the new rule, (2) the extent of the reliance on the old rule, and (3) the effect of retroactivity on the administration of justice.” Pohutski, 465 Mich at 696 , citing People v Hampton, 384 Mich 669, 674 ; 187 NW2d 404 (1971). | 3 | 1981–2022 |
Adams v. Illinois
green
2 sentences2014Turning to the inquiry required to evaluate the second and third factors “together,” the second factor — the reliance on the old rule — must be considered both from the perspective of prosecutors across the state when prosecutors faithfully abided by the constitutional guarantees in place at the time of a defendant’s conviction, see Adams v Illinois, 405 US 278, 283-284 ; 92 S Ct 916 ; 31 L Ed 2d 202 (1972), and Johnson v New Jersey, 384 US 719, 731 ; 86 S Ct 1772 ; 16 L Ed 2d 882 (1996), as well as from the collective perspective of the 334 defendants who would be entitled to resentencing if 2014Turning to the inquiry required to evaluate the second and third factors “together,” the second factor — the reliance on the old rule — must be considered both from the perspective of prosecutors across the state when prosecutors faithfully abided by the constitutional guarantees in place at the time of a defendant’s conviction, see Adams v Illinois, 405 US 278, 283-284 ; 92 S Ct 916 ; 31 L Ed 2d 202 (1972), and Johnson v New Jersey, 384 US 719, 731 ; 86 S Ct 1772 ; 16 L Ed 2d 882 (1996), as well as from the collective perspective of the 334 defendants who would be entitled to resentencing if | 3 | 2014–2014 |
Johnson v. New Jersey
green
2 sentences2014Turning to the inquiry required to evaluate the second and third factors “together,” the second factor — the reliance on the old rule — must be considered both from the perspective of prosecutors across the state when prosecutors faithfully abided by the constitutional guarantees in place at the time of a defendant’s conviction, see Adams v Illinois, 405 US 278, 283-284 ; 92 S Ct 916 ; 31 L Ed 2d 202 (1972), and Johnson v New Jersey, 384 US 719, 731 ; 86 S Ct 1772 ; 16 L Ed 2d 882 (1996), as well as from the collective perspective of the 334 defendants who would be entitled to resentencing if 2014Turning to the inquiry required to evaluate the second and third factors “together,” the second factor — the reliance on the old rule — must be considered both from the perspective of prosecutors across the state when prosecutors faithfully abided by the constitutional guarantees in place at the time of a defendant’s conviction, see Adams v Illinois, 405 US 278, 283-284 ; 92 S Ct 916 ; 31 L Ed 2d 202 (1972), and Johnson v New Jersey, 384 US 719, 731 ; 86 S Ct 1772 ; 16 L Ed 2d 882 (1996), as well as from the collective perspective of the 334 defendants who would be entitled to resentencing if | 3 | 2014–2014 |
League of Women Voters of Michigan v. Secretary of State
green
2 sentences2022League of Women Voters v Secretary of State, 331 Mich App 156 ; 952 NW2d 491 (2020), vacated 38 the Board of State Canvassers, while not required to do so by statute, has long offered the opportunity to ballot proposal committees to have their petitions preliminarily approved as to form prior to circulation in order to prevent the late discovery of defects in those forms— discoveries that, without preapproval, might not be detected until after circulation is complete. 2022League of Women Voters v Secretary of State, 331 Mich App 156 ; 952 NW2d 491 (2020), vacated 38 the Board of State Canvassers, while not required to do so by statute, has long offered the opportunity to ballot proposal committees to have their petitions preliminarily approved as to form prior to circulation in order to prevent the late discovery of defects in those forms— discoveries that, without preapproval, might not be detected until after circulation is complete. | 2 | 2022–2022 |
Keaton v. Village of Beverly Hills
green
1 sentence2025Id. at slip op at 4. | 1 | 2025–2025 |
McNeel v. Farm Bureau General Insurance
green
2 sentences2024With these principles in mind, we first conclude that the holding in Christie that a party suing the state must comply with MCL 600.6431(1) even if the action is pursued in circuit court 5 “Rules determined in opinions that apply retroactively apply to all cases still open on direct review and as to all events, regardless of whether such events predate or postdate our announcement of the rule[s].” McNeel v Farm Bureau Gen Ins Co of Mich, 289 Mich App 76, 94 ; 795 NW2d 205 (2010) (quotation marks and citation omitted; alteration in original). 2024With these principles in mind, we first conclude that the holding in Christie that a party suing the state must comply with MCL 600.6431(1) even if the action is pursued in circuit court 5 “Rules determined in opinions that apply retroactively apply to all cases still open on direct review and as to all events, regardless of whether such events predate or postdate our announcement of the rule[s].” McNeel v Farm Bureau Gen Ins Co of Mich, 289 Mich App 76, 94 ; 795 NW2d 205 (2010) (quotation marks and citation omitted; alteration in original). | 1 | 2024–2024 |
Michigan Educational Employees Mutual Insurance v. Morris
green
2 sentences2024“If the decision does not announce a new principle of law, then full retroactivity is favored.” Mich Ed Employees Mut Ins Co v Morris, 460 Mich 180, 190 ; 596 NW2d 142 (1999). 2024“If the decision does not announce a new principle of law, then full retroactivity is favored.” Mich Ed Employees Mut Ins Co v Morris, 460 Mich 180, 190 ; 596 NW2d 142 (1999). | 1 | 2024–2024 |
Robinson v. City of Detroit
green
1 sentence2006Addressing the issue of stare decisis, the Court in Grimes stated that it was “ ‘not constrained to follow precedent when governing decisions are unworkable or are badly reasoned.’ ” Grimes, supra at 87 n 49, quoting Robinson, supra at 464 . | 1 | 2006–2006 |
Grimes v. Department of Transportation
green
1 sentence2006Addressing the issue of stare decisis, the Court in Grimes stated that it was “ ‘not constrained to follow precedent when governing decisions are unworkable or are badly reasoned.’ ” Grimes, supra at 87 n 49, quoting Robinson, supra at 464 . | 1 | 2006–2006 |
Stewart v. Stewart
neutral
2 sentences1982Linkletter v Walker, 381 US 618 ; 85 S Ct 1731 ; 14 L Ed 2d 601 (1965), Stewart v Stewart, 91 Mich App 602 ; 283 NW2d 809 (1979). [2] We hold that the reliance on the old rule and the possible adverse impact on the administration of justice were we to give the rule complete retroactive application weighs against plaintiff's position. 1982Linkletter v Walker, 381 US 618 ; 85 S Ct 1731 ; 14 L Ed 2d 601 (1965), Stewart v Stewart, 91 Mich App 602 ; 283 NW2d 809 (1979). [2] We hold that the reliance on the old rule and the possible adverse impact on the administration of justice were we to give the rule complete retroactive application weighs against plaintiff's position. | 1 | 1982–1982 |
People v. Taylor
green
2 sentences1981People v Hampton, 384 Mich 669, 677 ; 187 NW2d 404 (1971), People v Taylor, 99 Mich App 613, 616 ; 299 NW2d 9 (1980). 1981People v Hampton, 384 Mich 669, 677 ; 187 NW2d 404 (1971), People v Taylor, 99 Mich App 613, 616 ; 299 NW2d 9 (1980). | 1 | 1981–1981 |
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.