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11 Michigan opinions name it 2 courts 1978–2026 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 |
|---|---|---|
Candi Ottgen v. Abdalmaijid Katranji Mdgreen2 sentences2026Consequently, we disagree with Justice THOMAS that we should wave away the flaws of Waltz by ascribing timing mistakes to attorney error. 6 Like in Ottgen, because the issue here involves “a procedural rule pertaining to civil litigation between private plaintiffs[,] . . . there is no apparent reliance by governmental institutions or the public at large.” Ottgen, 511 Mich at 243. 19 the reliance inquiry hinges on the effect that overruling a prior decision would have on society, we have described it as the “most important” part of the stare decisis analysis. 2026Consequently, we disagree with Justice THOMAS that we should wave away the flaws of Waltz by ascribing timing mistakes to attorney error. 6 Like in Ottgen, because the issue here involves “a procedural rule pertaining to civil litigation between private plaintiffs[,] . . . there is no apparent reliance by governmental institutions or the public at large.” Ottgen, 511 Mich at 243. 19 the reliance inquiry hinges on the effect that overruling a prior decision would have on society, we have described it as the “most important” part of the stare decisis analysis. | 2 | 2 |
Abela v. General Motors Corp.green2 sentences2022See Abela v General Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). -4- a moderately-stringent standard, “represent[ing] a compromise between the rigid reasonableness standard and the lenient actual reliance standard.” In re Vann, 67 F 3d 277, 281 (CA 11, 1995). 2022See Abela v General Motors Corp, 469 Mich 603, 607 ; 677 NW2d 325 (2004). -4- a moderately-stringent standard, “represent[ing] a compromise between the rigid reasonableness standard and the lenient actual reliance standard.” In re Vann, 67 F 3d 277, 281 (CA 11, 1995). | 1 | 1 |
People of Michigan v. Dawn Marie Dixon-Beygreen1 sentence2019In Dixon-Bey, 321 Mich App at 526-527, 529 , this Court identified several signals of potential disproportionality, including a sentence based on factors already accounted for in the guidelines and a sentencing court’s reliance on factors “not unique” to the defendant. | 1 | 1 |
People v. Schweitzergreen2 sentences1998See People v Schweitzer, 23 Mich 301, 304 (1871).] We infer the prosecution’s reliance on the doctrine of chances from his opening and closing statements. 1998See People v. Schweitzer, 23 Mich. 301, 304 (1871).] [11] We infer the prosecution's reliance on the doctrine of chances from his opening and closing statements. | 1 | 1 |
Phillips v. Evening Star Newspaper Co.green2 sentences1986See, e.g., Phillips v Evening Star, supra. A commentator in a recent Villanova Law Review article finds an actual reliance requirement will have a "chilling” effect on the media’s constitutional rights. 1986See, e.g., Phillips v Evening Star, supra. [14] A commentator in a recent Villanova Law Review article finds an actual reliance requirement will have a "chilling" effect on the media's constitutional rights. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Breidenbach
green
2 sentences2026People v Breidenbach, 489 Mich 1, 16 ; 798 NW2d 738 (2011). 2026People v Breidenbach, 489 Mich 1, 16 ; 798 NW2d 738 (2011). | 2 | 2026–2026 |
Smith v. Saginaw Savings & Loan Ass'n
green
2 sentences2024Instead, they rely on the hospital to select the professionals for them. [Id. at 898 (citations omitted).] 6 As noted in Smith v Saginaw S&L Ass’n, 94 Mich App 263, 271-271 ; 288 NW2d 613 (1979), the focus should not be on whether the principal has affirmatively identified the alleged wrongdoer as its agent. 2024Instead, they rely on the hospital to select the professionals for them. [Id. at 898 (citations omitted).] 6 As noted in Smith v Saginaw S&L Ass’n, 94 Mich App 263, 271-271 ; 288 NW2d 613 (1979), the focus should not be on whether the principal has affirmatively identified the alleged wrongdoer as its agent. | 1 | 2024–2024 |
Locricchio v. Evening News Ass'n
green
2 sentences2019Plaintiff relies on Locricchio v Evening News Ass’n, 438 Mich 84, 109 ; 476 NW2d 112 (1991) (citation and quotation marks omitted), in which our Supreme Court, despite recognizing “the generally sound principles of efficiency, comity, and finality that animate the law of the case doctrine,” criticized this Court’s reliance on that doctrine, labeling it as one that “merely expresses the practice of courts generally to refuse to reopen what has been decided, not a limit to their power.” In doing so, our Supreme Court concluded that the law of the case doctrine “yield[s] to” the “competing doctri 2019Plaintiff relies on Locricchio v Evening News Ass’n, 438 Mich 84, 109 ; 476 NW2d 112 (1991) (citation and quotation marks omitted), in which our Supreme Court, despite recognizing “the generally sound principles of efficiency, comity, and finality that animate the law of the case doctrine,” criticized this Court’s reliance on that doctrine, labeling it as one that “merely expresses the practice of courts generally to refuse to reopen what has been decided, not a limit to their power.” In doing so, our Supreme Court concluded that the law of the case doctrine “yield[s] to” the “competing doctri | 1 | 2019–2019 |
Hammond v. United of Oakland, Inc
green
2 sentences2017Moreover, an implied covenant of good faith and fair dealing generally exists in all contracts, except employment contracts, which is an implied promise that neither party will do anything “which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.” Hammond v United of Oakland, Inc, 193 Mich App 146 , 151– 152; 483 NW2d 652 (1992). 2017Moreover, an implied covenant of good faith and fair dealing generally exists in all contracts, except employment contracts, which is an implied promise that neither party will do anything “which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.” Hammond v United of Oakland, Inc, 193 Mich App 146 , 151– 152; 483 NW2d 652 (1992). | 1 | 2017–2017 |
National Life & Accident Insurance v. Nagel
green
2 sentences1999Co. v. Nagel, 260 Mich. 635, 638 , 245 N.W. 540 (1932). [5] Justice Kelly's dissent, post at 41, finds the Howard decision to be persuasive in interpreting the statute because the Howard Court adopted a reliance requirement "immediately after quoting ž 2218." However, we believe it clear that the "test" that was "formulated" by the Court of Appeals in Howard was not based upon the language of the statute, but drawn from a law review article "and cases therein footnoted." Howard, supra at 477 , 231 N.W.2d 655 . [6] Justice Kelly's dissent, post at 40, claims that we have avoided what clearly is 1999Co. v. Nagel, 260 Mich. 635, 638 , 245 N.W. 540 (1932). [5] Justice Kelly's dissent, post at 41, finds the Howard decision to be persuasive in interpreting the statute because the Howard Court adopted a reliance requirement "immediately after quoting ž 2218." However, we believe it clear that the "test" that was "formulated" by the Court of Appeals in Howard was not based upon the language of the statute, but drawn from a law review article "and cases therein footnoted." Howard, supra at 477 , 231 N.W.2d 655 . [6] Justice Kelly's dissent, post at 40, claims that we have avoided what clearly is | 1 | 1999–1999 |
Howard v. Golden State Mutual Life Insurance
green
2 sentences1999Justice Kelly’s dissent, post at 472, finds the Howard decision to be persuasive in interpreting the statute because the Howard Court adopted a reliance requirement “immediately after quoting § 2218.” However, we believe it clear that the “test” that was “formulated” by the Court of Appeals in Howard was not based upon the language of the statute, but drawn from a law review article “and cases therein footnoted.” Howard, supra at 477 . 1999Co. v. Nagel, 260 Mich. 635, 638 , 245 N.W. 540 (1932). [5] Justice Kelly's dissent, post at 41, finds the Howard decision to be persuasive in interpreting the statute because the Howard Court adopted a reliance requirement "immediately after quoting ž 2218." However, we believe it clear that the "test" that was "formulated" by the Court of Appeals in Howard was not based upon the language of the statute, but drawn from a law review article "and cases therein footnoted." Howard, supra at 477 , 231 N.W.2d 655 . [6] Justice Kelly's dissent, post at 40, claims that we have avoided what clearly is | 1 | 1999–1999 |
Ensman v. Ensman
neutral
2 sentences1978Under these circumstances a Judgment will be prepared granting the divorce as of March 30,1976.” (Emphasis supplied.) 2 The so-called reliance exception to Tiedman is discussed in an opinion of this Court, released concurrently with this opinion in Ensman v Ensman, 86 Mich App 91 ; 272 NW2d 176 (1978). 1978Under these circumstances a Judgment will be prepared granting the divorce as of March 30,1976.” (Emphasis supplied.) 2 The so-called reliance exception to Tiedman is discussed in an opinion of this Court, released concurrently with this opinion in Ensman v Ensman, 86 Mich App 91 ; 272 NW2d 176 (1978). | 1 | 1978–1978 |
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.