waiver that extends the applicable period doctrine in Michigan

2023“It is essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar.” Cincinnati Ins Co v Citizens Ins Co, 454 Mich 263, 270 ; 562 NW2d 648 (1997). “[A]bsent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action,” Michigan courts have been “reluctant to recognize an estoppel[.]” Id. (emphasis omitted).

2023“It is essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar.” Cincinnati Ins Co v Citizens Ins Co, 454 Mich 263, 270 ; 562 NW2d 648 (1997). “[A]bsent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action,” Michigan courts have been “reluctant to recognize an estoppel[.]” Id. (emphasis omitted).

2018The doctrine of equitable estoppel, as applied to statutes of limitation, was outlined in Doe v Racette, 313 Mich App 105, 108-109 ; 880 NW2d 332 (2015): -9- Equitable estoppel is a judicially created exception to the general rule which provides that statutes of limitation run without interruption[.] It is essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar. [A]bsent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action, Michigan c

2018The doctrine of equitable estoppel, as applied to statutes of limitation, was outlined in Doe v Racette, 313 Mich App 105, 108-109 ; 880 NW2d 332 (2015): -9- Equitable estoppel is a judicially created exception to the general rule which provides that statutes of limitation run without interruption[.] It is essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar. [A]bsent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action, Michigan c

2023Such equitable power “has traditionally been reserved for ‘unusual circumstances’ such as fraud or mutual mistake” because a “court’s equitable power is not an unrestricted license for the court to engage in wholesale policymaking[.]” Devillers v Auto Club Ins Ass'n, 473 Mich 562, 590 ; 702 NW2d 539 (2005).

2023Such equitable power “has traditionally been reserved for ‘unusual circumstances’ such as fraud or mutual mistake” because a “court’s equitable power is not an unrestricted license for the court to engage in wholesale policymaking[.]” Devillers v Auto Club Ins Ass'n, 473 Mich 562, 590 ; 702 NW2d 539 (2005).

2018Alternatively, the arbitrator might have construed the 6 Saveski, 261 Mich App at 555 , quoting Gavin, 416 Mich at 443 (quotation marks omitted) (alteration in original). 7 Quality Prod & Concepts Co v Nagel Precision, Inc, 469 Mich 362, 374 ; 666 NW2d 251 (2003). -5- Grudas’ waiver “claim” as an inartful invocation of the doctrine of equitable estoppel, which is “essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar.”8 Without delving further into possible legal theories or factual

2018Alternatively, the arbitrator might have construed the 6 Saveski, 261 Mich App at 555 , quoting Gavin, 416 Mich at 443 (quotation marks omitted) (alteration in original). 7 Quality Prod & Concepts Co v Nagel Precision, Inc, 469 Mich 362, 374 ; 666 NW2d 251 (2003). -5- Grudas’ waiver “claim” as an inartful invocation of the doctrine of equitable estoppel, which is “essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar.”8 Without delving further into possible legal theories or factual

2018The doctrine of equitable estoppel, as applied to statutes of limitation, was outlined in Doe v Racette, 313 Mich App 105, 108-109 ; 880 NW2d 332 (2015): -9- Equitable estoppel is a judicially created exception to the general rule which provides that statutes of limitation run without interruption[.] It is essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar. [A]bsent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action, Michigan c

2018The doctrine of equitable estoppel, as applied to statutes of limitation, was outlined in Doe v Racette, 313 Mich App 105, 108-109 ; 880 NW2d 332 (2015): -9- Equitable estoppel is a judicially created exception to the general rule which provides that statutes of limitation run without interruption[.] It is essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar. [A]bsent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action, Michigan c

2018Alternatively, the arbitrator might have construed the 6 Saveski, 261 Mich App at 555 , quoting Gavin, 416 Mich at 443 (quotation marks omitted) (alteration in original). 7 Quality Prod & Concepts Co v Nagel Precision, Inc, 469 Mich 362, 374 ; 666 NW2d 251 (2003). -5- Grudas’ waiver “claim” as an inartful invocation of the doctrine of equitable estoppel, which is “essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar.”8 Without delving further into possible legal theories or factual

2018Alternatively, the arbitrator might have construed the 6 Saveski, 261 Mich App at 555 , quoting Gavin, 416 Mich at 443 (quotation marks omitted) (alteration in original). 7 Quality Prod & Concepts Co v Nagel Precision, Inc, 469 Mich 362, 374 ; 666 NW2d 251 (2003). -5- Grudas’ waiver “claim” as an inartful invocation of the doctrine of equitable estoppel, which is “essentially a doctrine of waiver that extends the applicable period for filing a lawsuit by precluding the defendant from raising the statute of limitations as a bar.”8 Without delving further into possible legal theories or factual

2010“Equitable estoppel arises where one party has knowingly concealed or falsely represented a material fact, while inducing another’s reasonable reliance on that misapprehension, under circumstances where the relying party would suffer prejudice if the representing or concealing party were subsequently to assume a contrary position.” Adams v Detroit, 232 Mich App 701, 708 ; 591 NW2d 67 (1998).

2010“Equitable estoppel arises where one party has knowingly concealed or falsely represented a material fact, while inducing another’s reasonable reliance on that misapprehension, under circumstances where the relying party would suffer prejudice if the representing or concealing party were subsequently to assume a contrary position.” Adams v Detroit, 232 Mich App 701, 708 ; 591 NW2d 67 (1998).