71 Michigan opinions name it 2 courts 1971–2026 14 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 |
|---|---|---|
People v. Hoaggreen2 sentences2023When a defendant claims ineffective assistance of counsel, the defendant bears the burden of establishing the factual basis for that claim.10 People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999). 2023When a defendant claims ineffective assistance of counsel, the defendant bears the burden of establishing the factual basis for that claim.10 People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999). | 2 | 10 |
Strickland v. Washingtongreen2 sentences2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes 2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes | 2 | 4 |
People v. Douglasgreen2 sentences2026See Douglas, 496 Mich at 592 . 2025See Douglas, 496 Mich at 592 . | 2 | 2 |
Bestway Systems, Inc. v. Gulf Forge Co.green2 sentences2017See Bestway, 100 F3d at 34 . 11 We also note that Midwest’s arguments on appeal fail to recognize that “[t]wo parties may each make themselves liable to a third party for payment of the same freight on a single shipment—one by a contract reflected in part by the bill of lading and the other by explicit promises and course of conduct independent of the bill of lading.” Mediterranean Shipping Co, 848 F3d at 54 (quotation marks and citation omitted). -9- charges.” Contrary to Midwest’s conclusory statements in its reply brief on appeal, the factual basis for this claim is not apparent from the ci 2017See Bestway, 100 F3d at 34 . 11 We also note that Midwest’s arguments on appeal fail to recognize that “[t]wo parties may each make themselves liable to a third party for payment of the same freight on a single shipment—one by a contract reflected in part by the bill of lading and the other by explicit promises and course of conduct independent of the bill of lading.” Mediterranean Shipping Co, 848 F3d at 54 (quotation marks and citation omitted). -9- charges.” Contrary to Midwest’s conclusory statements in its reply brief on appeal, the factual basis for this claim is not apparent from the ci | 2 | 2 |
Mediterranean Shipping Co. v. Best Tire Recycling, Inc.green2 sentences2017See Bestway, 100 F3d at 34 . 11 We also note that Midwest’s arguments on appeal fail to recognize that “[t]wo parties may each make themselves liable to a third party for payment of the same freight on a single shipment—one by a contract reflected in part by the bill of lading and the other by explicit promises and course of conduct independent of the bill of lading.” Mediterranean Shipping Co, 848 F3d at 54 (quotation marks and citation omitted). -9- charges.” Contrary to Midwest’s conclusory statements in its reply brief on appeal, the factual basis for this claim is not apparent from the ci 2017See Bestway, 100 F3d at 34 . 11 We also note that Midwest’s arguments on appeal fail to recognize that “[t]wo parties may each make themselves liable to a third party for payment of the same freight on a single shipment—one by a contract reflected in part by the bill of lading and the other by explicit promises and course of conduct independent of the bill of lading.” Mediterranean Shipping Co, 848 F3d at 54 (quotation marks and citation omitted). -9- charges.” Contrary to Midwest’s conclusory statements in its reply brief on appeal, the factual basis for this claim is not apparent from the ci | 2 | 2 |
People v. Elstongreen2 sentences2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes 2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes | 1 | 6 |
Bush v. Shabahanggreen2 sentences2018DeCosta v Gossage, 486 Mich 116, 122 ; 782 8 MCL 600.2912b(4) provides: (4) The notice given to a health professional or health facility under this section shall contain a statement of at least all of the following: (a) The factual basis for the claim. (b) The applicable standard of practice or care alleged by the claimant. (c) The manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility. (d) The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care. (e) The 2018DeCosta v Gossage, 486 Mich 116, 122 ; 782 8 MCL 600.2912b(4) provides: (4) The notice given to a health professional or health facility under this section shall contain a statement of at least all of the following: (a) The factual basis for the claim. (b) The applicable standard of practice or care alleged by the claimant. (c) The manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility. (d) The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care. (e) The | 1 | 4 |
People v. Carbingreen2 sentences2026People v Carbin, 463 Mich 590, 600 ; 623 NW2d 884 (2001). 2026People v Carbin, 463 Mich 590, 600 ; 623 NW2d 884 (2001). | 1 | 2 |
People v. Lanegreen1 sentence2025See Lane, 308 Mich App at 69-70 (rejecting an ineffective assistance of counsel claim because the defendant failed to establish the factual predicate of his claim). | 1 | 1 |
People v. Putmangreen2 sentences2025Putman, 309 Mich App at 248 . 2025See Putman, 309 Mich App at 248 (holding that a defendant must establish the factual basis for his claim.). | 1 | 1 |
People v. Beckleygreen2 sentences2023See also People v Beckley, 434 Mich 691, 727-728 ; 456 NW2d 391 (1990) (“[A]ny testimony about the truthfulness of [the] victim’s allegations against the defendant would be improper because its underlying purpose would be to enhance the credibility of the witness. 2023See also People v Beckley, 434 Mich 691, 727-728 ; 456 NW2d 391 (1990) (“[A]ny testimony about the truthfulness of [the] victim’s allegations against the defendant would be improper because its underlying purpose would be to enhance the credibility of the witness. | 1 | 1 |
People v. Ackleygreen2 sentences2020See People v Ackley, 497 Mich 381, 389 ; 870 NW2d 858 (2015). 2020See People v Ackley, 497 Mich 381, 389 ; 870 NW2d 858 (2015). | 1 | 1 |
| Dagen v. Hastings Mutual Insurancegreen | 1 | 1 |
| People v. Ackermangreen | 1 | 1 |
| In Re Guilty Plea Casesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Roberts v. Mecosta County General Hospital
green
2 sentences2009SUFFICIENCY As discussed above, § 2912b(l) provides, “a person shall not commence an action alleging medical malpractice against a health professional or health facility unless the person has given the health professional or health facility written notice under this section not less than 182 days before the action is commenced.” (Emphasis added.) MCL 600.2912b(4) provides: The notice given to a health professional or health facility under this section shall contain a statement of at least all of the following: (a) The factual basis for the claim. (b) The applicable standard of practice or care 2009Why would it matter that the notice of intent was defective as to the professional corporation if a professional corporation is never entitled to a notice of intent in the first place? 9 (a) The factual basis for the claim. (b) The applicable standard of practice or care alleged by the claimant. (c) The manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility. (d) The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care. (e) The manner in which it is allege | 8 | 2006–2016 |
People of Michigan v. Elamin Muhammad
green
2 sentences2026People v Muhammad, 326 Mich App 40, 63 ; 931 NW2d 20 (2018). 2026People v Muhammad, 326 Mich App 40, 63 ; 931 NW2d 20 (2018). | 5 | 2020–2026 |
Louya v. William Beaumont Hospital
green
2 sentences2017The statutory scheme is designed to sanction attorneys and litigants who file lawsuits or defenses without reasonable inquiry into the factual basis of a claim or defense, not to discipline those whose cases are complex or face an “uphill fight.” The ultimate outcome of the case does not necessarily determine the issue of frivolousness.[58] 57 Id. 58 Id. at 162-164 . -18- While Louya specifically addressed MCL 600.2591, we find its analysis equally applicable to defendants’ arguments under MCR 2.114, because in this case, the document purportedly signed in violation of MCR 2.114 is Ma’s compla 2017The statutory scheme is designed to sanction attorneys and litigants who file lawsuits or defenses without reasonable inquiry into the factual basis of a claim or defense, not to discipline those whose cases are complex or face an “uphill fight.” The ultimate outcome of the case does not necessarily determine the issue of frivolousness.[58] 57 Id. 58 Id. at 162-164 . -18- While Louya specifically addressed MCL 600.2591, we find its analysis equally applicable to defendants’ arguments under MCR 2.114, because in this case, the document purportedly signed in violation of MCR 2.114 is Ma’s compla | 5 | 2002–2017 |
Madejski v. Kotmar Limited
green
2 sentences2024If plaintiff has set forth a proper claim based on a duty under the common law, e.g., premises liability, negligent supervision or entrustment, inherently dangerous work activity, retention of incompetent contractor, failure to provide a safe place to work, then summary disposition is improper even though the factual basis of the claim involves the unlawful furnishing of alcohol. * * * Because the trial court did not address the viability of each of plaintiff’s separate common-law claims, we remand for consideration of these claims in view of the appropriate legal standards and the facts of th 2024If plaintiff has set forth a proper claim based on a duty under the common law, e.g., premises liability, negligent supervision or entrustment, inherently dangerous work activity, retention of incompetent contractor, failure to provide a safe place to work, then summary disposition is improper even though the factual basis of the claim involves the unlawful furnishing of alcohol. * * * Because the trial court did not address the viability of each of plaintiff’s separate common-law claims, we remand for consideration of these claims in view of the appropriate legal standards and the facts of th | 4 | 2018–2024 |
People v. Ginther
green
2 sentences2015Defendant also carries the burden of establishing the factual basis of his claim, and “[t]o the extent that [a defendant’s] ineffective assistance claim depends on facts not of record, it is incumbent on him to make a testimonial record at the trial court level in connection with a motion for new trial which evidentially supports his claim and which excludes hypotheses consistent with the view that his trial lawyer represented him adequately.” [People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), quoting People v Ginther, 390 Mich 436, 442-443 ; 212 NW2d 922 (1973).] This Court may not substitut 2015Defendant also carries the burden of establishing the factual basis of his claim, and “[t]o the extent that [a defendant’s] ineffective assistance claim depends on facts not of record, it is incumbent on him to make a testimonial record at the trial court level in connection with a motion for new trial which evidentially supports his claim and which excludes hypotheses consistent with the view that his trial lawyer represented him adequately.” [People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), quoting People v Ginther, 390 Mich 436, 442-443 ; 212 NW2d 922 (1973).] This Court may not substitut | 4 | 2015–2017 |
People v. Petri
green
2 sentences2017This Court will not substitute its judgment for that of counsel regarding matters of trial strategy, nor will it assess counsel’s competence with the benefit of hindsight. [Petri, 279 Mich App at 410 - 411 (quotation marks and citations omitted).] Additionally, defendant Bush carries the burden of establishing the factual basis of her claim. 2017This Court will not substitute its judgment for that of counsel regarding matters of trial strategy, nor will it assess counsel’s competence with the benefit of hindsight. [Petri, 279 Mich App at 410 - 411 (quotation marks and citations omitted).] Additionally, defendant Bush carries the burden of establishing the factual basis of her claim. | 2 | 2017–2017 |
People v. Trakhtenberg
green
2 sentences2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes 2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes | 2 | 2017–2017 |
People v. Vaughn
green
2 sentences2017People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), quoting People v Ginther, 390 Mich 436, 442-443 ; 212 NW2d 922 (1973). 10 People v Ginther, 390 Mich 436, 443 , 212 NW2d 922 (1973). 11 See also People v Vaughn, 491 Mich 642, 669 ; 821 NW2d 288 (2012) (“[I]n order to receive a new trial on the basis of ineffective assistance of counsel, a defendant must establish that ‘counsel’s representation fell below an objective standard of reasonableness’ and that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’ ”) 2017People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), quoting People v Ginther, 390 Mich 436, 442-443 ; 212 NW2d 922 (1973). 10 People v Ginther, 390 Mich 436, 443 , 212 NW2d 922 (1973). 11 See also People v Vaughn, 491 Mich 642, 669 ; 821 NW2d 288 (2012) (“[I]n order to receive a new trial on the basis of ineffective assistance of counsel, a defendant must establish that ‘counsel’s representation fell below an objective standard of reasonableness’ and that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’ ”) | 2 | 2017–2017 |
People v. Walker
green
2 sentences2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes 2017Importantly, Harner bears the burden of establishing the factual basis for his claim of error45 and has yet to point to anything, focuses on defense counsel’s conduct, rather than an alleged suppression of evidence on the part of the prosecution. 43 Trakhtenberg, 493 Mich at 52 , citing Strickland v Washington, 466 US 668, 691 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted). 44 Harner labels this issue as a “Failure to Request a Walker Hearing,” presumably referring to hearings conducted pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), but makes | 2 | 2017–2017 |
Nuculovic v. Hill
green
2 sentences2016Nuculovic v Hill, 287 Mich App 58, 61 ; 783 NW2d 124 (2010). 2016Nuculovic, 287 Mich App at 61 . | 2 | 2016–2016 |
Derderian v. Genesys Health Care Systems
green
2 sentences2015McIntosh v McIntosh, 282 Mich App 471, 484 ; 768 NW2d 325 (2009); Derderian v Genesys Health Care Sys, 263 Mich App 364, 388 ; 689 NW2d 145 (2004). 2015McIntosh v McIntosh, 282 Mich App 471, 484 ; 768 NW2d 325 (2009); Derderian v Genesys Health Care Sys, 263 Mich App 364, 388 ; 689 NW2d 145 (2004). | 2 | 2015–2015 |
Pernell v. ALLLSTATE INSURANCE COMPANY
green
2 sentences2015McIntosh v McIntosh, 282 Mich App 471, 484 ; 768 NW2d 325 (2009); Derderian v Genesys Health Care Sys, 263 Mich App 364, 388 ; 689 NW2d 145 (2004). 2015McIntosh v McIntosh, 282 Mich App 471, 484 ; 768 NW2d 325 (2009); Derderian v Genesys Health Care Sys, 263 Mich App 364, 388 ; 689 NW2d 145 (2004). | 2 | 2015–2015 |
McIntosh v. McIntosh
green
2 sentences2015McIntosh v McIntosh, 282 Mich App 471, 484 ; 768 NW2d 325 (2009); Derderian v Genesys Health Care Sys, 263 Mich App 364, 388 ; 689 NW2d 145 (2004). 2015McIntosh v McIntosh, 282 Mich App 471, 484 ; 768 NW2d 325 (2009); Derderian v Genesys Health Care Sys, 263 Mich App 364, 388 ; 689 NW2d 145 (2004). | 2 | 2015–2015 |
Boodt v. Borgess Medical Center
green
2 sentences2011In doing so, the Bush majority questioned precedent set forth in Roberts, 466 Mich at 57 , and Boodt v Borgess Med Ctr, 481 Mich 558 ; 751 NW2d 44 (2008). 2008MCL 600.2912b(4) provides the requirements for a notice of intent: The notice given to a health professional or health facility under this section shall contain a statement of at least all of the following: (a) The factual basis for the claim. (b) The applicable standard of practice or care alleged by the claimant. (c) The manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility. (d) The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care. (e) The manner i | 2 | 2008–2011 |
Omelenchuk v. City of Warren
red
2 sentences2006MCL 600.5856(c); Omelenchuk v City of Warren, 461 Mich 567 ; 609 NW2d 177 (2000). (7) A notice of intent must include: (a) the factual basis for the claim; (b) the applicable standard of practice or care alleged by the claimant; (c) the manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility; (d) the alleged action that should have been taken to achieve compliance with the alleged standard of practice or care; (e) the manner in which it is alleged the breach of the standard of practice or care was the proximate c 2006MCL 600.5856(c); Omelenchuk v City of Warren, 461 Mich 567 ; 609 NW2d 177 (2000). (7) A notice of intent must include: (a) the factual basis for the claim; (b) the applicable standard of practice or care alleged by the claimant; (c) the manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility; (d) the alleged action that should have been taken to achieve compliance with the alleged standard of practice or care; (e) the manner in which it is alleged the breach of the standard of practice or care was the proximate c | 2 | 2006–2006 |
Ladd v. Ford Consumer Finance Co., Inc.
green
2 sentences1997MCR 2.116(C)(10); Ladd, supra. The moving party must specifically identify those issues for which it believes there is no genuine disputed fact, and, in opposing the motion, the nonmoving party may not rely on mere allegations or denials in its pleadings, but must set forth specific facts through affidavits or *325 other permitted evidence to demonstrate that there exists a genuine issue for trial. 1997Ladd v Ford Consumer Finance Co, Inc, 217 Mich App 119, 124 ; 550 NW2d 826 (1996). | 2 | 1997–1997 |
People v. Peterson
green
2 sentences2023On this record, defendant has not established the factual basis for this claim.20 17 Under Michigan law, an expert is not permitted to “vouch for the veracity of a victim.” People v Peterson, 450 Mich 349, 352 ; 537 NW2d 857 (1995). 2023On this record, defendant has not established the factual basis for this claim.20 17 Under Michigan law, an expert is not permitted to “vouch for the veracity of a victim.” People v Peterson, 450 Mich 349, 352 ; 537 NW2d 857 (1995). | 1 | 2023–2023 |
People v. McPherson
green
1 sentence2020Id. | 1 | 2020–2020 |
| DeCosta v. Gossage green | 1 | 2018–2018 |
| Thompson v. Thompson green | 1 | 2016–2016 |
| Thompson v. Thompson green | 1 | 2016–2016 |
| PT Today, Inc. v. Commissioner of the Office of Financial & Insurance Services green | 1 | 2016–2016 |
| In Re Hansen green | 1 | 2016–2016 |
| People v. Pickens green | 1 | 2015–2015 |
| Houghton Lake Area Tourism & Convention Bureau v. Wood green | 1 | 2015–2015 |
| Atkins v. Suburban Mobility Authority for Regional Transportation green | 1 | 2015–2015 |
| People v. Payne green | 1 | 2015–2015 |
| Clark v. DaimlerChrysler Corp. red | 1 | 2014–2014 |
| Roberts v. Mecosta County General Hospital green | 1 | 2011–2011 |
| Neal v. Oakwood Hospital Corp. green | 1 | 2010–2010 |
| Miller v. Malik neutral | 1 | 2009–2009 |
| Boodt v. Borgess Medical Center green | 1 | 2008–2008 |
| Scarsella v. Pollak green | 1 | 2005–2005 |
| Roberts v. Mecosta County General Hospital neutral | 1 | 2004–2004 |
| Spiek v. Department of Transportation green | 1 | 2001–2001 |
| Nicita v. City of Detroit green | 1 | 2000–2000 |
| Skinner v. Square D Co. green | 1 | 1997–1997 |
| Stehlik v. Johnson neutral | 1 | 1996–1996 |
| Radtke v. Everett green | 1 | 1995–1995 |
| People v. Stoner green | 1 | 1982–1982 |
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.