deliberate violation (Michigan) · Go Syfert
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deliberate violation in Michigan

11 Michigan opinions name it 2 courts 1946–1978 0 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 (4)

CaseFollowedCited
Cassar v. Employment Security Commissiongreen
mich · 1955 · cited in 4 Michigan opinions naming this issue, 1959–1963
2 sentences

1963Since Cassar v. Employment Security Commission, 343 Mich 380 , we have followed the definition of “misconduct” formulated by the Wisconsin supreme court in Boynton Cab Company v. Neubeck, 237 Wis 249, 259, 260 ( 296 NW 636 ), and which appears in 48 Am Jur, Social Security, Unemployment Insurance, and Retirement Funds, § 38, pp 541, 542: “ Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a dis

1962In our opinion in Cassar v. Employment Security Commission, 343 Mich 380, 405 , in considering the scope of the term “misconduct” as used in the statute before us, we cited the following statement from 48' Am Jur, Social Security, Unemployment Insurance,, and Retirement Funds, § 38 pp 541, 542: “ ‘Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of .behavior which the

14
Bell v. Employment Security Commissiongreen
mich · 1960 · cited in 2 Michigan opinions naming this issue, 1961–1962
2 sentences

1962In Bell v. Employment Security Commission, 359 Mich 649 , this Court held that an employee who was so unmindful of his duties and obligations to his employer as to permit himself to sleep or doze while *539 employed as a fireman was guilty of misconduct barring his right to unemployment compensation following his discharge.

1962In Bell v. Employment Security Commission, 359 Mich 649 , this Court held that an employee who was so unmindful of his duties and obligations to his employer as to permit himself to sleep or doze while employed as a fireman was gnilty of misconduct barring Ms right to unemployment compensation following his discharge.

12
In Re McLeodgreen
mich · 1957 · cited in 1 Michigan opinions naming this issue, 1976–1976
1 sentence

1976See In re McLeod, supra. The Court could see no prejudice to defendant and dismissed his writ of habeas corpus.

11
Detroit Gravure Corp. v. Employment Security Commissiongreen
mich · 1962 · cited in 1 Michigan opinions naming this issue, 1966–1966
1 sentence

1966See Detroit Gravure Corporation v. Employment Security Commission (1962), 366 Mich 530, 533 .

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 (8)

CaseCitedYears
Boynton Cab Co. v. Neubeck green
wis · 1941
2 sentences

1963Since Cassar v. Employment Security Commission, 343 Mich 380 , we have followed the definition of “misconduct” formulated by the Wisconsin supreme court in Boynton Cab Company v. Neubeck, 237 Wis 249, 259, 260 ( 296 NW 636 ), and which appears in 48 Am Jur, Social Security, Unemployment Insurance, and Retirement Funds, § 38, pp 541, 542: “ Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a dis

1955Based on the conclusions reached the following statement as to the meaning of the term is set forth in 48 Am Jur, Social Security, Unemployment Insurance, and Retirement Funds, § 38, pp 541, 542: “Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employee, or negligence in such degree or recurrence as to mani

41955–1963
People v. Kachar green
mich · 1977
2 sentences

1978"And, besides, the limited suppression ordered here may have a deterrent effect on the police and prosecution desired by the Supreme Court, because the photographic line-up was improper, although I don’t think it was a deliberate violation of their rights to counsel [sic], ” (Emphasis supplied.) In People v Kachar, 400 Mich 78, 95-97 ; 252 NW2d 807 (1977), the Michigan Supreme Court identified factors to be used in determining whether a witness’s in-court identification is fruit of an improper pretrial identification.

1978"And, besides, the limited suppression ordered here may have a deterrent effect on the police and prosecution desired by the Supreme Court, because the photographic line-up was improper, although I don’t think it was a deliberate violation of their rights to counsel [sic], ” (Emphasis supplied.) In People v Kachar, 400 Mich 78, 95-97 ; 252 NW2d 807 (1977), the Michigan Supreme Court identified factors to be used in determining whether a witness’s in-court identification is fruit of an improper pretrial identification.

11978–1978
Fresta v. Miller neutral
michctapp · 1967
1 sentence

1971Fresta v. Miller (1967), 7 Mich App 58 .

11971–1971
Wickey v. Employment Security Commission green
mich · 1963
1 sentence

1971What constitutes statutory misconduct was clearly stated in Wickey v. Employment Security Commission (1963), 369 Mich 487 , 498: “ ‘ “Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of be-, havior which the employer has the right to expect of his employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show a

11971–1971
Linski v. Employment Security Commission green
mich · 1959
2 sentences

1962In Cassar v. Employment Security Commission, supra , and in Linski v. Employment Security Commission, 358 Mich 239 , claimed labor disputes were involved.

1962In Cassar v. Employment Security Commission, supra, and in Linski v. Employment Security Commission, 358 Mich 239 , claimed labor disputes were involved.

11962–1962
Mandes v. Employment SEC. Agency green
idaho · 1953
2 sentences

1959See Cassar v. Employment Security Commission, 343 Mich 380, 405 ; Boynton Cab Company v. Neubeck, 237 Wis 249 ( 296 NW 636 ); Boynton Cab Company v. Schroeder, 237 Wis 264 ( 296 NW 642 ); Mandes v. Employment Security Agency, 74 Idaho 23 ( 255 P2d 1049 ); annotation 146 ALR 243 .

1959See Cassar v. Employment Security Commission, 343 Mich 380, 405 ; Boynton Cab Company v. Neubeck, 237 Wis 249 ( 296 NW 636 ); Boynton Cab Company v. Schroeder, 237 Wis 264 ( 296 NW 642 ); Mandes v. Employment Security Agency, 74 Idaho 23 ( 255 P2d 1049 ); annotation 146 ALR 243 .

11959–1959
Boynton Cab Co. v. Schroeder neutral
wis · 1941
2 sentences

1959See Cassar v. Employment Security Commission, 343 Mich 380, 405 ; Boynton Cab Company v. Neubeck, 237 Wis 249 ( 296 NW 636 ); Boynton Cab Company v. Schroeder, 237 Wis 264 ( 296 NW 642 ); Mandes v. Employment Security Agency, 74 Idaho 23 ( 255 P2d 1049 ); annotation 146 ALR 243 .

1959See Cassar v. Employment Security Commission, 343 Mich 380, 405 ; Boynton Cab Company v. Neubeck, 237 Wis 249 ( 296 NW 636 ); Boynton Cab Company v. Schroeder, 237 Wis 264 ( 296 NW 642 ); Mandes v. Employment Security Agency, 74 Idaho 23 ( 255 P2d 1049 ); annotation 146 ALR 243 .

11959–1959
State ex rel. Boynton v. Public Service Commission green
kan · 1932
1 sentence

1946Boynton, v. Public Service Commission, 135 Kan. 491 (11 Pac. [2d] 999), the supreme court of Kansas said: “It seems clear that when a rate has been the subject of a deliberate inquiry in which the carriers, the shippers and the commission’s own experts have participated, as well as any and all other persons who cared to take a hand in it as the statute provides and permits (R.

11946–1946

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 421.29 (8) MI § Mich. Comp. Laws § 421.1 (3) MI § Mich. Comp. Laws § 421.38 (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 522 (1909–2026) LA 132 (1955–2015) MO 71 (1954–2025) ID 43 (1953–2024) AR 22 (1934–2008) FL 21 (1980–2015) IN 17 (1950–2014) IL 14 (1875–2021) VA 13 (1989–2018) CA 13 (1973–2020) DC 12 (1972–2015) NV 12 (1986–2016) MI 11 (1946–1978) NJ 11 (1965–2019) KS 11 (1989–2021) NC 10 (1973–2026) NM 8 (1980–2020) MD 7 (1958–2019) OR 7 (1947–1978) TX 6 (1981–2024) AZ 6 (1972–1996) IA 5 (1991–2019) NH 5 (2003–2011) OH 4 (2006–2024) CT 4 (1961–2008) MN 4 (1984–2015) MA 4 (1921–2020) MS 4 (2000–2016) AL 4 (1987–2015) MT 3 (1984–2013) SC 3 (1982–2012) UT 3 (1983–2023) WA 3 (1970–2004) CO 3 (1982–2019) NY 3 (1985–2018) WV 2 (1997–2003) VI 2 (1994–2001) KY 2 (1995–2009)

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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