limits exception (Michigan) · Go Syfert
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limits exception in Michigan

9 Michigan opinions name it 2 courts 1970–2021 3 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 (4)

CaseFollowedCited
Tausz v. Clarion-Goldfield Community School Districtgreen
iowa · 1997 · cited in 2 Michigan opinions naming this issue, 2021–2021
2 sentences

2021See Tausz v Clarion- Goldfield Community Sch Dist, 569 NW2d 125, 128 (Iowa, 1997) (noting multiple cases in which the courts discussed the limits of the privilege in this context given that the government “client” represents the public, and that the highest court of one state has suggested that the privilege “ordinarily should not be extended to communications requesting legal advice concerning the agency’s statutory duties even when that issue has been made the subject of litigation”); 1 Attorney-Client Privilege in the United States (December 2021 update), § 4:28, p ___ (noting one federal c

2021See Tausz v Clarion- Goldfield Community Sch Dist, 569 NW2d 125, 128 (Iowa, 1997) (noting multiple cases in which the courts discussed the limits of the privilege in this context given that the government “client” represents the public, and that the highest court of one state has suggested that the privilege “ordinarily should not be extended to communications requesting legal advice concerning the agency’s statutory duties even when that issue has been made the subject of litigation”); 1 Attorney-Client Privilege in the United States (December 2021 update), § 4:28, p ___ (noting one federal c

22
Howe v. Detroit Free Press, Incgreen
mich · 1992 · cited in 1 Michigan opinions naming this issue, 2003–2003
1 sentence

2003See id.

11
Rosario v. City of Lansinggreen
mich · 1978 · cited in 1 Michigan opinions naming this issue, 1991–1991
1 sentence

1991In Rosario, supra at 133, n 7 , Justice Fitzger *484 ald, writing for the three-justice plurality, noted that there existed some form of nuisance exception to immunity, though the limits of the exception "present the more difficult question.” In reaching the conclusion that some form of nuisance exception existed, Justice Fitzgerald relied on Pennoyer v Saginaw, 8 Mich 534 (1860).

11
People v. Dunngreen
mich · 1968 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970See People v. Dunn, supra, 701 .

1970See People v. Dunn, supra, 701 .

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 (6)

CaseCitedYears
Ward v. Village of Monroeville green
scotus · 1972
1 sentence

2021Id. at 60 .

12021–2021
People v. Callington green
michctapp · 1983
1 sentence

2014Id. at 307 .

12014–2014
Wells v. Firestone Tire & Rubber Co. green
mich · 1985
2 sentences

2000In the absence of such guidance it is up to this Court to define the limits of this exception. [5] *493 The dual-persona doctrine, allowing a tort suit in addition to worker's compensation, "is applicable only in those situations in which `the employer has a second identity which is completely distinct and removed from his status as employer.'" Howard, supra at 399-400 , 523 N.W.2d 220 , quoting Wells, supra at 653 , 364 N.W.2d 670 .

2000In the absence of such guidance it is up to this Court to define the limits of this exception. 5 The dual-persona doctrine, allowing a tort suit in addition to worker’s compensation, “is applicable only in those situations in which ‘the employer has a second identity which is completely distinct and removed from his status as employer.’ ” Howard, supra at 399-400 , quoting Wells, supra at 653 .

12000–2000
Howard v. White green
mich · 1994
2 sentences

2000In the absence of such guidance it is up to this Court to define the limits of this exception. [5] *493 The dual-persona doctrine, allowing a tort suit in addition to worker's compensation, "is applicable only in those situations in which `the employer has a second identity which is completely distinct and removed from his status as employer.'" Howard, supra at 399-400 , 523 N.W.2d 220 , quoting Wells, supra at 653 , 364 N.W.2d 670 .

2000In the absence of such guidance it is up to this Court to define the limits of this exception. 5 The dual-persona doctrine, allowing a tort suit in addition to worker’s compensation, “is applicable only in those situations in which ‘the employer has a second identity which is completely distinct and removed from his status as employer.’ ” Howard, supra at 399-400 , quoting Wells, supra at 653 .

12000–2000
Pennoyer v. City of Saginaw green
mich · 1860
1 sentence

1991In Rosario, supra at 133, n 7 , Justice Fitzger *484 ald, writing for the three-justice plurality, noted that there existed some form of nuisance exception to immunity, though the limits of the exception "present the more difficult question.” In reaching the conclusion that some form of nuisance exception existed, Justice Fitzgerald relied on Pennoyer v Saginaw, 8 Mich 534 (1860).

11991–1991
Hughes v. Lakey Foundry Corp. green
michctapp · 1979
1 sentence

1984In Thumser and Hughes, supra, the claimants were first disabled in their wage-earning capacities as skilled workers.

11984–1984

Where else courts name it

CA 53 (1890–2025) TX 50 (1916–2026) NY 31 (1851–1989) MS 25 (1977–2023) PA 22 (1885–2023) FL 21 (1948–2020) IL 20 (1905–2023) CO 17 (1893–2024) MA 15 (1913–2025) MO 13 (1886–2006) OH 13 (1931–2021) MD 12 (1967–2026) NJ 10 (1889–2006) WA 9 (1901–2022) MI 9 (1970–2021) MN 8 (1885–2023) NC 8 (1909–2021) KS 8 (1923–1990) ME 7 (1941–2022) OR 7 (1960–2007) WV 7 (1912–2023) IN 7 (1901–1995) GA 7 (1900–2010) OK 7 (1903–2009) UT 7 (1951–2024) MT 7 (1895–2007) TN 6 (1926–2021) VT 6 (1902–2025) RI 5 (1907–2007) AR 5 (1907–2007) AL 5 (1914–2004) ID 5 (1906–1989) IA 4 (1980–2018) CT 4 (1993–2001) AK 4 (1969–2025) WY 4 (1901–1923) AZ 4 (1976–2018) KY 4 (1930–1985) SD 3 (1909–2005) SC 3 (1989–2025) DC 3 (1978–1993) VA 2 (1932–1999) NV 2 (1958–1983) NE 2 (1935–1982) VI 2 (2012–2024) NH 2 (1932–1993) LA 2 (1975–2017) ND 2 (1942–2017) WI 2 (2011–2024)

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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