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

10 Michigan opinions name it 2 courts 1966–2024 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
Shinkle v. Shinklegreen
michctapp · 2003 · cited in 1 Michigan opinions naming this issue, 2006–2006
2 sentences

2006See Shinkle v Shinkle, 255 Mich App 221, 228 ; 663 NW2d 481 (2003). 4 Michigan has long recognized the validity of property agreements entered into at the time of separation.

2006See Shinkle v Shinkle, 255 Mich App 221, 228 ; 663 NW2d 481 (2003). 4 Michigan has long recognized the validity of property agreements entered into at the time of separation.

11
Stoner v. Californiagreen
scotus · 1964 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970He is a third party or an outsider when considering the crime charged. *527 Justice, logic, and an understanding of the obvious purpose of the constitutional protection requires this Court to adopt the rule stated in Stoner v. California (1964), 376 US 483, 489 ( 84 S Ct 889, 893 , 11 L Ed 2d 856, 860 ): “It is important to bear in mind that it was the petitioner’s constitutional right which was at stake here, and not the night clerk’s nor the hotel’s.

1970He is a third party or an outsider when considering the crime charged. *527 Justice, logic, and an understanding of the obvious purpose of the constitutional protection requires this Court to adopt the rule stated in Stoner v. California (1964), 376 US 483, 489 ( 84 S Ct 889, 893 , 11 L Ed 2d 856, 860 ): “It is important to bear in mind that it was the petitioner’s constitutional right which was at stake here, and not the night clerk’s nor the hotel’s.

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 (10)

CaseCitedYears
cluster 790797 green
· 2005
2 sentences

2024Assuming we do not agree with defendant’s claim of entitlement to a full resentencing – which would arguably give somewhat of a windfall to all defendants whose sentencing judges are no longer available – defendant alternatively urges this Court to adopt the analysis set forth in United States v Garcia, 413 F3d 201 (CA 2, 2005).

2018Assuming we do not agree with defendant's claim of entitlement to a full resentencing-which would arguably give somewhat of a windfall to all defendants whose sentencing judges are no longer available-defendant alternatively urges this Court to adopt the analysis set forth in United States v. Garcia , 413 F.3d 201 (C.A. 2, 2005).

32018–2024
Szkodzinski v. Griffin green
michctapp · 1988
2 sentences

1993Id.

1993Id.

11993–1993
Bush v. Oscoda Area Schools green
mich · 1979
2 sentences

1983The more recent cases construe the consensus in Bush v Oscoda Area Schools, 405 Mich 716 ; 275 NW2d 268 (1979), and Lockaby v Wayne County, 406 Mich 65 ; 276 NW2d 1 (1979), as having held that the proper test to apply to ascertain individual immunity of an employee of a governmental agency, engaged in the exercise or discharge of a governmental function, is merely whether this individual employee was acting within the scope of his employment.

1983The more recent cases construe the consensus in Bush v Oscoda Area Schools, 405 Mich 716 ; 275 NW2d 268 (1979), and Lockaby v Wayne County, 406 Mich 65 ; 276 NW2d 1 (1979), as having held that the proper test to apply to ascertain individual immunity of an employee of a governmental agency, engaged in the exercise or discharge of a governmental function, is merely whether this individual employee was acting within the scope of his employment.

11983–1983
Lockaby v. Wayne County green
mich · 1979
2 sentences

1983The more recent cases construe the consensus in Bush v Oscoda Area Schools, 405 Mich 716 ; 275 NW2d 268 (1979), and Lockaby v Wayne County, 406 Mich 65 ; 276 NW2d 1 (1979), as having held that the proper test to apply to ascertain individual immunity of an employee of a governmental agency, engaged in the exercise or discharge of a governmental function, is merely whether this individual employee was acting within the scope of his employment.

1983The more recent cases construe the consensus in Bush v Oscoda Area Schools, 405 Mich 716 ; 275 NW2d 268 (1979), and Lockaby v Wayne County, 406 Mich 65 ; 276 NW2d 1 (1979), as having held that the proper test to apply to ascertain individual immunity of an employee of a governmental agency, engaged in the exercise or discharge of a governmental function, is merely whether this individual employee was acting within the scope of his employment.

11983–1983
Lewis v. Beecher School System green
michctapp · 1982
2 sentences

1983However, we perceive an emerging trend among the members of this Court to adopt the analysis of Judge Bashara’s dissenting and concurring opinion in Cook v *210 Bennett, supra, as further explained by Judge Bronson’s majority opinion in Gaston, supra. See Lewis v Beecher School System, 118 Mich App 105 ; 324 NW2d 779 (1982).

1983However, we perceive an emerging trend among the members of this Court to adopt the analysis of Judge Bashara’s dissenting and concurring opinion in Cook v *210 Bennett, supra, as further explained by Judge Bronson’s majority opinion in Gaston, supra. See Lewis v Beecher School System, 118 Mich App 105 ; 324 NW2d 779 (1982).

11983–1983
Gaston v. Becker green
michctapp · 1981
1 sentence

1983However, we perceive an emerging trend among the members of this Court to adopt the analysis of Judge Bashara’s dissenting and concurring opinion in Cook v *210 Bennett, supra, as further explained by Judge Bronson’s majority opinion in Gaston, supra. See Lewis v Beecher School System, 118 Mich App 105 ; 324 NW2d 779 (1982).

11983–1983
Cook v. Bennett green
michctapp · 1979
1 sentence

1983However, we perceive an emerging trend among the members of this Court to adopt the analysis of Judge Bashara’s dissenting and concurring opinion in Cook v *210 Bennett, supra, as further explained by Judge Bronson’s majority opinion in Gaston, supra. See Lewis v Beecher School System, 118 Mich App 105 ; 324 NW2d 779 (1982).

11983–1983
Christie v. BD. OF REGENTS UNIVERSITY REGENTS green
mich · 1961
2 sentences

1978Plaintiffs cite Christie v Board of Regents of University of Michigan, 364 Mich 202 ; 111 NW2d 30 (1961), in which Justice Black wrote that the purchase of a liability insurance policy by a governmental agency should constitute a waiver of immunity to the extent of the insurance coverage.

1978Plaintiffs cite Christie v Board of Regents of University of Michigan, 364 Mich 202 ; 111 NW2d 30 (1961), in which Justice Black wrote that the purchase of a liability insurance policy by a governmental agency should constitute a waiver of immunity to the extent of the insurance coverage.

11978–1978
Dole v. Dow Chemical Co. red
ny · 1972
2 sentences

1975Defendant has urged the Court to adopt the rule of "relative fault”, set forth in Dole v Dow Chemical Co, 30 NY2d 143 ; 331 NYS2d 382 ; 282 NE2d 288 ; 53 ALR3d 175 (1972).

1975Defendant has urged the Court to adopt the rule of "relative fault”, set forth in Dole v Dow Chemical Co, 30 NY2d 143 ; 331 NYS2d 382 ; 282 NE2d 288 ; 53 ALR3d 175 (1972).

11975–1975
Salgo v. Leland Stanford Jr. University Board of Trustees green
calctapp · 1957
1 sentence

1966Plain *345 tiff in her brief quotes the language of the California court in the case of Salgo v. Leland Stanford Jr. University Board of Trustees (1957), 154 Cal App 2d 560 ( 317 P2d 170 ), wherein the court said (p 568): “The application of the doctrine of the res ipsa loquitur in malpractice cases is a development of comparatively recent years.

11966–1966

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.10 (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

WA 20 (1967–2012) NV 18 (1972–2022) CA 15 (1976–2021) ID 14 (1973–2026) MD 14 (1866–2022) CT 13 (1973–2013) TN 13 (1988–2022) IL 12 (1878–2026) TX 12 (1985–2015) PA 12 (1926–2024) MI 10 (1966–2024) NM 10 (1982–2024) RI 10 (1969–2020) FL 9 (1975–2014) NY 9 (1888–2004) DE 9 (1983–2026) NE 9 (1920–2022) MN 8 (1982–2015) MO 8 (1893–2023) LA 7 (1960–2025) UT 7 (1986–2019) IN 7 (1937–2016) OH 7 (1977–2020) MT 7 (1913–2007) HI 6 (1981–2018) VA 6 (1984–2012) KS 6 (1984–2011) MA 6 (1988–2008) NC 6 (1978–2015) AL 6 (1898–2008) VT 6 (1985–2026) WI 5 (1977–2026) WV 5 (1993–2022) ND 5 (1921–2024) AK 4 (1971–1995) DC 4 (1980–1994) KY 4 (1984–2017) AZ 4 (1985–2014) NJ 4 (1982–2017) WY 4 (1993–2008) OR 4 (1985–2018) SC 3 (1984–2011) MS 3 (1987–1989) IA 2 (1983–1989) CO 2 (1931–2020) ME 2 (2002–2007) GA 2 (1991–2013) AR 2 (1998–1999)

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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