relied factors (Michigan) · Go Syfert
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relied factors in Michigan

10 Michigan opinions name it 2 courts 1984–2023 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
Graham v. Floridagreen
scotus · 2010 · cited in 1 Michigan opinions naming this issue, 2014–2014
1 sentence

2014Id. at 68, citing Roper, 543 US at 569-570 .

11
Kalin v. Detroit Automobile Inter-Insurance Exchangegreen
michctapp · 1982 · cited in 1 Michigan opinions naming this issue, 1984–1984
2 sentences

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

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
Roper v. Simmons green
scotus · 2005
2 sentences

2014To justify this categorical rule, the Court relied on the factors identified in 5 The Court’s basis for prescribing this rule, distinguishing between adult and juvenile offenders for purposes of constitutional analysis, rested on three factors: (1) juveniles, by way of their “lack of maturity,” tend to engage in “impetuous and ill-considered actions,” (2) “juveniles are more vulnerable or susceptible to negative influences and outside pressures” because they “have less control . . . over their own environment,” and (3) “the character of a juvenile is not as well formed as that of an adult.” Ro

2014To justify this categorical rule, the Court relied on the factors identified in 5 The Court’s basis for prescribing this rule, distinguishing between adult and juvenile offenders for purposes of constitutional analysis, rested on three factors: (1) juveniles, by way of their “lack of maturity,” tend to engage in “impetuous and ill-considered actions,” (2) “juveniles are more vulnerable or susceptible to negative influences and outside pressures” because they “have less control . . . over their own environment,” and (3) “the character of a juvenile is not as well formed as that of an adult.” Ro

32014–2014
In Re Mayfield green
michctapp · 1993
2 sentences

2004In re Mayfield, supra at 230 , 497 N.W.2d 578 .

2004In re Mayfield, supra at 230 .

22004–2004
Saffian v. Simmons green
mich · 2007
1 sentence

2023Then, in Saffian v Simmons, 477 Mich 8 (2007), the Court held that where an AOM is filed with a medical malpractice complaint, a defendant must timely answer or otherwise file some responsive pleading to the complaint, or else be subject to a default.

12023–2023
Chapple v. National Hardwood Co. green
mich · 1926
1 sentence

2020Id. at 298 .

12020–2020
McDanield v. Hemker green
michctapp · 2005
1 sentence

2017McDanield, 268 Mich App at 282-284 .

12017–2017
Kreiner v. Fischer red
mich · 2004
2 sentences

2017However, in McDanield, the Court relied on factors set forth in Kreiner v Fischer, 471 Mich 109 ; 683 NW2d 611 (2004) in concluding that self-imposed restrictions resulting from pain will not establish a residual impairment.

2017However, in McDanield, the Court relied on factors set forth in Kreiner v Fischer, 471 Mich 109 ; 683 NW2d 611 (2004) in concluding that self-imposed restrictions resulting from pain will not establish a residual impairment.

12017–2017
Jordan v. Jarvis green
michctapp · 1993
1 sentence

1997The court stated that it did not rely on the new information and, instead, that “the Court relied on the analysis of the case law and general experience in both legal and administrative proceedings in reaching the conclusions set forth in the decision.” See, e.g., Jordan, supra. Therefore, the error, if any, in the expansion of the record before the circuit court was harmless.

11997–1997
Nickerson v. Citizens Mutual Insurance green
mich · 1975
1 sentence

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

11984–1984
Hathcox v. Liberty Mutual Insurance green
michctapp · 1979
2 sentences

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

11984–1984
Johnston v. Hartford Insurance green
michctapp · 1984
2 sentences

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

1984See, Kalin v Detroit Automobile Inter-Ins Exchange, 112 Mich App 497 ; 316 NW2d 467 (1982); and Hathcox v Liberty Mutual Ins Co, 90 Mich App 511 ; 282 NW2d 374 (1979), where panels of this Court relied on the rule in *527 Nickerson, supra, that a statutory "occupant” must have, at least, actually occupied the vehicle immediately prior to the accident. 4 The issue of whether a vehicle ceases to be "used as a motor vehicle” within the meaning of the no-fault act, when it functions in another capacity, was recently addressed by this Court in Johnston v Hartford Ins Co, 131 Mich App 349 ; 346 NW2d

11984–1984

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 712A.2 (3) MI § Mich. Comp. Laws § 712A.4 (3) MI § Mich. Comp. Laws § 750.316 (3) MI § Mich. Comp. Laws § 750.520b (3) MI § Mich. Comp. Laws § 764.1f (3) MI § Mich. Comp. Laws § 767.39 (3) MI § Mich. Comp. Laws § 769.1 (3) MI § Mich. Comp. Laws § 769.25 (3) MI § Mich. Comp. Laws § 769.25a (3) MI § Mich. Comp. Laws § 791.234 (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

CA 50 (1939–2026) IL 34 (1957–2026) TX 18 (1986–2025) WA 16 (1989–2018) PA 15 (1973–2023) OH 15 (1998–2025) FL 13 (1968–2020) CT 11 (1994–2021) MI 10 (1984–2023) OR 10 (1997–2023) NY 8 (1968–2026) MD 7 (1964–2020) LA 7 (1980–2021) MO 7 (1977–2015) WI 7 (1921–2020) NJ 5 (1996–2019) KS 5 (2002–2022) NM 5 (1992–2021) AR 4 (1992–2013) VA 4 (1986–2011) UT 4 (1980–2018) VT 3 (1990–2011) ME 3 (1985–2016) IN 3 (2012–2024) KY 3 (1930–1999) MA 3 (1980–2017) NC 3 (1975–1996) AZ 3 (1945–2008) HI 3 (1992–2025) DC 3 (1986–2010) IA 3 (1995–2018) GA 2 (1980–1995) AK 2 (2017–2025) NE 2 (1994–2006) TN 2 (2001–2020) ND 2 (1980–2021) MT 2 (2010–2013) CO 2 (1991–2015) AL 2 (1966–2014) WV 2 (2018–2023) MN 2 (1951–1985)

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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