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9 Michigan opinions name it 2 courts 1989–2026 4 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 |
|---|---|---|
Palenkas v. Beaumont Hospitalgreen2 sentences2024See Palenkas v Beaumont Hosp, 432 Mich 527, 548 ; 443 NW2d 354 (1989) (opinion by ARCHER, J.) (“The party asserting an affirmative defense had the burden of introducing evidence to support the affirmative defense.”); see also id. at 530 (concurring in Sections I and II of Justice ARCHER’S opinion); Lewis v Poel, 376 Mich 167, 169 ; 136 NW2d 7 (1965) (stating that laches is an affirmative defense). 2024See Palenkas v Beaumont Hosp, 432 Mich 527, 548 ; 443 NW2d 354 (1989) (opinion by ARCHER, J.) (“The party asserting an affirmative defense had the burden of introducing evidence to support the affirmative defense.”); see also id. at 530 (concurring in Sections I and II of Justice ARCHER’S opinion); Lewis v Poel, 376 Mich 167, 169 ; 136 NW2d 7 (1965) (stating that laches is an affirmative defense). | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Attorney General Ex Rel. Department of Environmental Quality v. Bulk Petroleum Corp.
green
2 sentences2026“The party asserting an affirmative defense has the burden of presenting evidence to support it.” Attorney Gen ex rel Dep’t of Environmental Quality v Bulk Petroleum Corp, 276 Mich App 654, 664 ; 741 NW2d 857 (2007). 2026“The party asserting an affirmative defense has the burden of presenting evidence to support it.” Attorney Gen ex rel Dep’t of Environmental Quality v Bulk Petroleum Corp, 276 Mich App 654, 664 ; 741 NW2d 857 (2007). | 3 | 2015–2026 |
Stanke v. State Farm Mutual Automobile Insurance
green
2 sentences2026An affirmative defense is any defense “that does not controvert the plaintiff’s establishing a prima facie case, but that otherwise denies relief to the plaintiff.” Stanke v State Farm Mut Auto Ins Co, 200 Mich App 307, 312 ; 503 NW2d 758 (1993). “[I]t is a matter that . . . admits the establishment of the plaintiff’s prima facie case, but that denies that the plaintiff is entitled to recover on the claim for some reason not disclosed in the plaintiff’s pleadings.” Id. 2022The party asserting an affirmative defense “accepts the plaintiff’s allegation as true and even admits the establishment of the plaintiff’s prima facie case, but denies that the plaintiff is entitled to recover on the claim for some reason not disclosed in the plaintiff’s pleadings.” Id. | 2 | 2022–2026 |
Lewis v. Poel
green
2 sentences2024See Palenkas v Beaumont Hosp, 432 Mich 527, 548 ; 443 NW2d 354 (1989) (opinion by ARCHER, J.) (“The party asserting an affirmative defense had the burden of introducing evidence to support the affirmative defense.”); see also id. at 530 (concurring in Sections I and II of Justice ARCHER’S opinion); Lewis v Poel, 376 Mich 167, 169 ; 136 NW2d 7 (1965) (stating that laches is an affirmative defense). 2024See Palenkas v Beaumont Hosp, 432 Mich 527, 548 ; 443 NW2d 354 (1989) (opinion by ARCHER, J.) (“The party asserting an affirmative defense had the burden of introducing evidence to support the affirmative defense.”); see also id. at 530 (concurring in Sections I and II of Justice ARCHER’S opinion); Lewis v Poel, 376 Mich 167, 169 ; 136 NW2d 7 (1965) (stating that laches is an affirmative defense). | 1 | 2024–2024 |
In re Brennan
neutral
1 sentence2022Williamstown Twp v Sandalwood Ranch, LLC, 325 Mich App 541, 552 ; 927 NW2d 262 (2018). | 1 | 2022–2022 |
Township of Williamstown v. Sandalwood Ranch LLC
green
1 sentence2022Williamstown Twp v Sandalwood Ranch, LLC, 325 Mich App 541, 552 ; 927 NW2d 262 (2018). | 1 | 2022–2022 |
Kelly-Nevils v. Detroit Receiving Hospital
green
2 sentences2022MCR 2.111(F)(3)(a) lists the following examples of affirmative defenses: “contributory negligence; the existence of an agreement to arbitrate; assumption of risk; payment; release; satisfaction; discharge; license; fraud; duress; estoppel; statute of frauds; statute of limitations; immunity granted by law; want or failure of consideration; or that an instrument or transaction is void, voidable, or cannot be recovered on by reason of statute or nondelivery . . . .” “In addition to those affirmative defenses specifically listed in MCR 2.111(F)(3)(a), an affirmative defense includes any defense t 2022MCR 2.111(F)(3)(a) lists the following examples of affirmative defenses: “contributory negligence; the existence of an agreement to arbitrate; assumption of risk; payment; release; satisfaction; discharge; license; fraud; duress; estoppel; statute of frauds; statute of limitations; immunity granted by law; want or failure of consideration; or that an instrument or transaction is void, voidable, or cannot be recovered on by reason of statute or nondelivery . . . .” “In addition to those affirmative defenses specifically listed in MCR 2.111(F)(3)(a), an affirmative defense includes any defense t | 1 | 2022–2022 |
Pollack v. Oak Office Building
green
2 sentences1989Thomas Industries, supra; Pollack v Oak Office Bldg, 7 Mich App 173, 186 ; 151 NW2d 353 (1967). 1989Thomas Industries, supra; Pollack v Oak Office Bldg, 7 Mich App 173, 186 ; 151 NW2d 353 (1967). | 1 | 1989–1989 |
Thomas Industries, Inc v. Wells
green
1 sentence1989Thomas Industries, supra; Pollack v Oak Office Bldg, 7 Mich App 173, 186 ; 151 NW2d 353 (1967). | 1 | 1989–1989 |
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.