res judicata is applicable doctrine (Michigan) · Go Syfert
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res judicata is applicable doctrine in Michigan

9 Michigan opinions name it 2 courts 1962–2019 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.

Followed or applied (1)

CaseFollowedCited
Braxton v. Litchalkgreen
michctapp · 1974 · cited in 4 Michigan opinions naming this issue, 1976–1983
2 sentences

1983In Braxton v Litchalk, 55 Mich App 708, 717-718 ; 223 NW2d 316 (1974), this Court discussed the two doctrines: "[T]he doctrine of res judicata is applicable to a second suit involving the same cause of action as that raised in the first suit, and will bar the relitigation of issues which actually were or might have been presented before the court in the first action.

1983In Braxton v Litchalk, 55 Mich App 708, 717-718 ; 223 NW2d 316 (1974), this Court discussed the two doctrines: "[T]he doctrine of res judicata is applicable to a second suit involving the same cause of action as that raised in the first suit, and will bar the relitigation of issues which actually were or might have been presented before the court in the first action.

14

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 (9)

CaseCitedYears
Topps-Toeller, Inc v. City of Lansing green
michctapp · 1973
2 sentences

1983As noted in Topps-Toeller, Inc v Lansing, 47 Mich App 720, 726-727 ; 209 NW2d 843 (1973), lv den 390 Mich 788 (1973), res *572 judicata bars a subsequent suit between the same parties or their privies when the same cause of action is raised in a subsequent suit, and when the facts or evidence essential to the maintenance of both actions are identical.

1983As noted in Topps-Toeller, Inc v Lansing, 47 Mich App 720, 726-727 ; 209 NW2d 843 (1973), lv den 390 Mich 788 (1973), res *572 judicata bars a subsequent suit between the same parties or their privies when the same cause of action is raised in a subsequent suit, and when the facts or evidence essential to the maintenance of both actions are identical.

51974–1983
Jones v. Chambers green
mich · 1958
2 sentences

1983The distinction between res judicata and collateral estoppel was aptly described in Braxton v Litchalk, 55 Mich App 708, 717-718 ; 223 NW2d 316 (1974): *398 "According to the general rules discussed in Howell v Vito’s Trucking & Excavating Co, 386 Mich 37, 41-42 ; 191 NW2d 313 (1971), and Jones v Chambers, 353 Mich 674, 680-681 ; 91 NW2d 889 (1958), the doctrine of res judicata is applicable to a second suit involving the same cause of action as that raised in the first suit, and will bar the relitigation of issues which actually were or might have been presented before the court in the first

1983The distinction between res judicata and collateral estoppel was aptly described in Braxton v Litchalk, 55 Mich App 708, 717-718 ; 223 NW2d 316 (1974): *398 "According to the general rules discussed in Howell v Vito’s Trucking & Excavating Co, 386 Mich 37, 41-42 ; 191 NW2d 313 (1971), and Jones v Chambers, 353 Mich 674, 680-681 ; 91 NW2d 889 (1958), the doctrine of res judicata is applicable to a second suit involving the same cause of action as that raised in the first suit, and will bar the relitigation of issues which actually were or might have been presented before the court in the first

41974–1983
Howell v. Vito's Trucking and Excavating Co. green
mich · 1971
2 sentences

1983The distinction between res judicata and collateral estoppel was aptly described in Braxton v Litchalk, 55 Mich App 708, 717-718 ; 223 NW2d 316 (1974): *398 "According to the general rules discussed in Howell v Vito’s Trucking & Excavating Co, 386 Mich 37, 41-42 ; 191 NW2d 313 (1971), and Jones v Chambers, 353 Mich 674, 680-681 ; 91 NW2d 889 (1958), the doctrine of res judicata is applicable to a second suit involving the same cause of action as that raised in the first suit, and will bar the relitigation of issues which actually were or might have been presented before the court in the first

1983The distinction between res judicata and collateral estoppel was aptly described in Braxton v Litchalk, 55 Mich App 708, 717-718 ; 223 NW2d 316 (1974): *398 "According to the general rules discussed in Howell v Vito’s Trucking & Excavating Co, 386 Mich 37, 41-42 ; 191 NW2d 313 (1971), and Jones v Chambers, 353 Mich 674, 680-681 ; 91 NW2d 889 (1958), the doctrine of res judicata is applicable to a second suit involving the same cause of action as that raised in the first suit, and will bar the relitigation of issues which actually were or might have been presented before the court in the first

41974–1983
Pierson Sand and Gravel, Inc. v. Keeler Brass Co. green
mich · 1999
2 sentences

2019Pierson Sand & Gravel, Inc v Keeler Brass Co, 460 Mich 372, 379 ; 596 NW2d 153 (1999).

2019Pierson Sand & Gravel, Inc v Keeler Brass Co, 460 Mich 372, 379 ; 596 NW2d 153 (1999).

12019–2019
Ayers v. Genter green
mich · 1962
1 sentence

1967As between identical parties, this matter has been settled as to res judicata by our Supreme Court in Ayers v. Genter (1962), 367 Mich 675 , wherein it is stated, “It is clear that in this jurisdiction the doctrine of res judicata is applicable to a decsion rendered in workmen’s compensation proceedings.” Unlike Ayers , however, the parties in the instant appeal are not identical with those involved in the workmen’s compensation proceedings.

11967–1967
American Life Insurance Co. v. Balmer green
· 1927
1 sentence

1962Lumbermen’s Mutual Casualty Co. v. Bissell, 220 Mich 352 ( 28 ALR 874 ); American Life Insurance Co. v. Balmer, 238 Mich 580 ; Besonen v. Campbell, 243 Mich 209 ; Hebert v. Ford Motor Co., 285 Mich 607 .

11962–1962
Besonen v. Campbell green
mich · 1928
1 sentence

1962Lumbermen’s Mutual Casualty Co. v. Bissell, 220 Mich 352 ( 28 ALR 874 ); American Life Insurance Co. v. Balmer, 238 Mich 580 ; Besonen v. Campbell, 243 Mich 209 ; Hebert v. Ford Motor Co., 285 Mich 607 .

11962–1962
Hebert v. Ford Motor Co. green
mich · 1938
1 sentence

1962Lumbermen’s Mutual Casualty Co. v. Bissell, 220 Mich 352 ( 28 ALR 874 ); American Life Insurance Co. v. Balmer, 238 Mich 580 ; Besonen v. Campbell, 243 Mich 209 ; Hebert v. Ford Motor Co., 285 Mich 607 .

11962–1962
Lumbermen's Mutual Casualty Co. v. Bissell green
mich · 1922
2 sentences

1962Lumbermen’s Mutual Casualty Co. v. Bissell, 220 Mich 352 ( 28 ALR 874 ); American Life Insurance Co. v. Balmer, 238 Mich 580 ; Besonen v. Campbell, 243 Mich 209 ; Hebert v. Ford Motor Co., 285 Mich 607 .

1962Lumbermen’s Mutual Casualty Co. v. Bissell, 220 Mich 352 ( 28 ALR 874 ); American Life Insurance Co. v. Balmer, 238 Mich 580 ; Besonen v. Campbell, 243 Mich 209 ; Hebert v. Ford Motor Co., 285 Mich 607 .

11962–1962

Where else courts name it

OH 14 (1957–2024) CA 13 (1953–2018) NY 12 (1957–2025) IL 10 (1896–2001) MI 9 (1962–2019) FL 5 (1972–1982) KS 4 (1969–1986) LA 4 (1986–2017) IA 4 (1981–2019) PA 4 (1980–1997) TX 3 (1956–1984) CT 3 (2003–2007) WV 3 (1980–1994) NC 2 (1942–1942) UT 2 (1996–1996) KY 2 (1955–2009) NJ 2 (1967–1991) AZ 2 (1970–1977) SD 2 (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.

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