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9 Michigan opinions name it 2 courts 1989–2018 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.
| Case | Followed | Cited |
|---|---|---|
Gooch v. Wachowiakgreen2 sentences1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff 1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff | 1 | 1 |
Grigsby v. Sterling Drug, Inc.green2 sentences1993Not only did the Bowen court explicitly acknowledge that a lesser quantum of information causes a claim to accrue, but the application of the discovery rule to the Bowen facts reveals a standard more analogous to Michigan's "possible cause of action" standard. [30] See also Kullman v Owens-Corning Fiberglas Corp, 943 F2d 613, 616 (CA 6, 1991) (the United States Court of Appeals for the Sixth Circuit, in construing Michigan law, held that a plaintiff's claim for asbestos-related lung disease accrued when the plaintiff was aware of his injury, that it was caused by dust, and that the dust in his 1993See also Kullman v Owens-Corning Fiberglas Corp, 943 F2d 613, 616 (CA 6, 1991) (the United States Court of Appeals for the Sixth Circuit, in construing Michigan law, held that a plaintiff’s claim for asbestos-related lung disease accrued when the plaintiff was aware of his injury, that it was caused by dust, and that the dust in his work environment contained asbestos; the court rejected the plaintiff’s claim that the cause of action did not accrue until a definite diagnosis of asbestosis had been rendered); Fidler v Eastman Kodak, 714 F2d 192, 200 (CA 1, 1983) (the court held that a plaintiff | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Tyson v. Tysonred2 sentences1995A number of other jurisdictions have recently considered the propriety of the application of the discovery rule to cases in which the plaintiffs have claimed inability to pursue tort actions on the basis of alleged sexual assault as a result of repressed memory of the events. [8] A growing collection of the legal literature has also addressed the *69 limitation problem. [9] From these sources, we find particularly pertinent to our conclusion the decision in Tyson v Tyson, 107 Wash 2d 72; 727 P2d 226 (1986) (superseded by statute, see Wash Rev Code Ann 4.16.340). 1995A number of other jurisdictions have recently considered the propriety of the application of the discovery rule to cases in which the plaintiffs have claimed inability to pursue tort actions on the basis of alleged sexual assault as a result of repressed memory of the events. 8 A growing collection of the legal literature has also addressed the limitation problem. 9 From these sources, we find particularly pertinent to our conclusion the decision in Tyson v Tyson, 107 Wash 2d 72; 727 P2d 226 (1986) (superseded by statute, see Wash Rev Code Ann 4.16.340). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club
green
2 sentences2018Although our Supreme Court has abrogated the application of the discovery doctrine in this state, it has also made clear that it is not until “all of the elements of an action for . . . injury, 3 The Legislature imported this definition of claim accrual into the CCA under MCL 600.6452(2), which states that “[e]xcept as modified by this section, the provisions of RJA chapter 58, relative to the limitation of actions, shall also be applicable to the limitation prescribed in this section.” (Citation omitted.) -8- including the element of damage, are present, [that] the claim accrues and the statu 2018Although our Supreme Court has abrogated the application of the discovery doctrine in this state, it has also made clear that it is not until "all of the elements of an action for ... injury, including the element of damage, are present, [that] the claim accrues and the statute of limitations begins *29 to run." Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club , 283 Mich. App. 264 , 290, 769 N.W.2d 234 (2009), quoting Connelly v. Paul Ruddy's Equip. | 4 | 2018–2018 |
Connelly v. Paul Ruddy's Equipment Repair & Service Co.
green
2 sentences2018Although our Supreme Court has abrogated the application of the discovery doctrine in this state, it has also made clear that it is not until “all of the elements of an action for . . . injury, 3 The Legislature imported this definition of claim accrual into the CCA under MCL 600.6452(2), which states that “[e]xcept as modified by this section, the provisions of RJA chapter 58, relative to the limitation of actions, shall also be applicable to the limitation prescribed in this section.” (Citation omitted.) -8- including the element of damage, are present, [that] the claim accrues and the statu 2018Although our Supreme Court has abrogated the application of the discovery doctrine in this state, it has also made clear that it is not until “all of the elements of an action for . . . injury, 3 The Legislature imported this definition of claim accrual into the CCA under MCL 600.6452(2), which states that “[e]xcept as modified by this section, the provisions of RJA chapter 58, relative to the limitation of actions, shall also be applicable to the limitation prescribed in this section.” (Citation omitted.) -8- including the element of damage, are present, [that] the claim accrues and the statu | 4 | 2018–2018 |
People v. Bowman
green
2 sentences2018Although our Supreme Court has abrogated the application of the discovery doctrine in this state, it has also made clear that it is not until “all of the elements of an action for . . . injury, 3 The Legislature imported this definition of claim accrual into the CCA under MCL 600.6452(2), which states that “[e]xcept as modified by this section, the provisions of RJA chapter 58, relative to the limitation of actions, shall also be applicable to the limitation prescribed in this section.” (Citation omitted.) -8- including the element of damage, are present, [that] the claim accrues and the statu 2018Although our Supreme Court has abrogated the application of the discovery doctrine in this state, it has also made clear that it is not until "all of the elements of an action for ... injury, including the element of damage, are present, [that] the claim accrues and the statute of limitations begins *29 to run." Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club , 283 Mich. App. 264 , 290, 769 N.W.2d 234 (2009), quoting Connelly v. Paul Ruddy's Equip. | 4 | 2018–2018 |
Weisburg v. Lee
green
1 sentence2015See Poffenbarger, 224 Mich App at 12 ; Weisburg, 161 Mich App at 448 . | 1 | 2015–2015 |
Fuscellaro v. Industrial National Corporation
green
1 sentence2001However, those jurisdictions that have refused to apply the discovery rule in commercial conversion cases have presumed that property owners know what and where their assets are, despite the fact that the presumption may work a hardship upon the property owner who fails to discover his or her ownership rights *161 until after the period has run. [Fuscellaro v Industrial Nat’l Corp, 117 RI 558, 563; 368 A2d 1227 (1977).] The trial court did not err in granting defendant’s motion for summary disposition after rejecting the application of the discovery rule and applying the statute of limitations | 1 | 2001–2001 |
Cunningham v. Garber
green
2 sentences1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff 1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff | 1 | 1993–1993 |
Bonney v. the Upjohn Company
green
2 sentences1993We do not think that in suits such as the instant one 'the passage of time would increase problems of proof or entail the danger of false, fraudulent, frivolous, speculative or uncertain claims.’ ” [Bonney v Upjohn Co, 129 Mich App 18, 33-34 ; 342 NW2d 551 (1983).] Because the purpose of the statute of limitations is not offended by the application of the discovery rule in pharmaceutical products liability cases, and because adoption of the discovery rule will furnish a reasonable time for injured plaintiffs to seek legal redress for their injuries, 18 we hold that the discovery rule governs t 1993We do not think that in suits such as the instant one 'the passage of time would increase problems of proof or entail the danger of false, fraudulent, frivolous, speculative or uncertain claims.’ ” [Bonney v Upjohn Co, 129 Mich App 18, 33-34 ; 342 NW2d 551 (1983).] Because the purpose of the statute of limitations is not offended by the application of the discovery rule in pharmaceutical products liability cases, and because adoption of the discovery rule will furnish a reasonable time for injured plaintiffs to seek legal redress for their injuries, 18 we hold that the discovery rule governs t | 1 | 1993–1993 |
DiFranco v. Pickard
red
2 sentences1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff 1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff | 1 | 1993–1993 |
May v. William Beaumont Hospital
green
2 sentences1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff 1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff | 1 | 1993–1993 |
Napier v. Jacobs
green
2 sentences1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff 1993The dominant characteristics of the approach or attitude in Michigan are that the right to trial by jury must be preserved, and that directed verdicts are drastic steps which should not be taken unless reasonable men could not differ on each and every element of the party's claim." [ Napier v Jacobs, 429 Mich 222, 232 ; 414 NW2d 862 (1987), quoting Martin, Dean & Webster, Michigan Court Rules Practice (3d ed), R 2.515, § 5, p 229.] [33] DiFranco v Pickard, 427 Mich 32, 54 ; 398 NW2d 896 (1986) (when there is no genuine issue with respect to any material fact and reasonable minds could not diff | 1 | 1993–1993 |
Dyke v. Richard
green
1 sentence1989We hold that the situation in this case requires an application of the discovery rule recognized by our Supreme Court in Johnson, supra. This holding is necessary to effectuate the rule that a law of limitation cannot be enforced unless a reasonable time to bring suit is afforded, Dyke, supra, and is consistent with the well-settled principle of statutory construction that a court has a duty to construe a statute as constitutional unless the contrary clearly appears. | 1 | 1989–1989 |
McDonald Pontiac-Cadillac-GMC, Inc. v. SAGINAW PROS. ATT'Y.
neutral
2 sentences1989McDonald Pontiac-Cadillac-GMC, Inc v Saginaw Co Prosecuting Attorney, 150 Mich App 52, 58 ; 388 NW2d 301 (1986), lv den 426 Mich 867 (1986), cert den 108 S Ct 86 (1987). 1989McDonald Pontiac-Cadillac-GMC, Inc v Saginaw Co Prosecuting Attorney, 150 Mich App 52, 58 ; 388 NW2d 301 (1986), lv den 426 Mich 867 (1986), cert den 108 S Ct 86 (1987). | 1 | 1989–1989 |
Johnson v. Caldwell
red
1 sentence1989We hold that the situation in this case requires an application of the discovery rule recognized by our Supreme Court in Johnson, supra. This holding is necessary to effectuate the rule that a law of limitation cannot be enforced unless a reasonable time to bring suit is afforded, Dyke, supra, and is consistent with the well-settled principle of statutory construction that a court has a duty to construe a statute as constitutional unless the contrary clearly appears. | 1 | 1989–1989 |
McDonald Pontiac-Cadillac-Gmc, Inc. v. Prosecuting Attorney
green
1 sentence1989McDonald Pontiac-Cadillac-GMC, Inc v Saginaw Co Prosecuting Attorney, 150 Mich App 52, 58 ; 388 NW2d 301 (1986), lv den 426 Mich 867 (1986), cert den 108 S Ct 86 (1987). | 1 | 1989–1989 |
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.