concepts standard (Michigan) · Go Syfert
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concepts standard in Michigan

8 Michigan opinions name it 2 courts 1970–2021 1 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 (3)

CaseFollowedCited
Wilson v. Stilwillgreen
mich · 1981 · cited in 1 Michigan opinions naming this issue, 1982–1982
2 sentences

1982Wilson v Stilwill, 411 Mich 587, 607, fn 5 ; 309 NW2d 898 (1981), Gadde v Michigan Consolidated Gas Co, 377 Mich 117 ; 139 NW2d 722 (1966).

1982Wilson v Stilwill, 411 Mich 587, 607, fn 5 ; 309 NW2d 898 (1981), Gadde v Michigan Consolidated Gas Co, 377 Mich 117 ; 139 NW2d 722 (1966).

11
Fireman's Fund Insurance Co. v. Sand Lake Lounge, Inc.green
alaska · 1973 · cited in 1 Michigan opinions naming this issue, 1976–1976
2 sentences

1976We think this approach is more satisfactory, and more easily applied, than the pursuit of the concepts of waiver and estoppel in each of the many factual patterns which may arise." The Supreme Court of Alaska, in Fireman's Fund Insurance Co v Sand Lake Lounge, Inc, 514 P2d 223, 226-227 (Alas, 1973), reached a like result by finding the policy limitation unconscionable.

1976We think this approach is more satisfactory, and more easily applied, than the pursuit of the concepts of waiver and estoppel in each of the many factual patterns which may arise.” The Supreme Court of Alaska, in Fireman’s Fund Insurance Co v Sand Lake Lounge, Inc, 514 P2d 223, 226-227 (Alas, 1973), reached a like result by finding the policy limitation unconscionable.

11
United States v. United States Gypsum Co.green
scotus · 1948 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970“A finding is ‘clearly erroneous’ when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co. (1948), 333 US 364, 395 ( 68 S Ct 525 , 92 L Ed 746 ), reh den 333 US 869 ( 68 S Ct 788 , 92 L Ed 1147 ).

1970“A finding is ‘clearly erroneous’ when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co. (1948), 333 US 364, 395 ( 68 S Ct 525 , 92 L Ed 746 ), reh den 333 US 869 ( 68 S Ct 788 , 92 L Ed 1147 ).

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 (8)

CaseCitedYears
People v. Carter green
mich · 2000
2 sentences

2016The Sardy Court goes on to acknowledge that the waiver analysis is “somewhat inconsistent” with more recent Supreme Court precedent regarding the concepts of waiver and forfeiture, citing the precedentially binding cases of Carter, 462 Mich 206 )(noting the crucial distinction between waiver and forfeiture), and People v Putman, 309 Mich App 240, 243 ; 870 -3- NW2d 593 (2015)(employing a forfeiture/plain error analysis to an oath given to a trial witness).

2016The Sardy Court goes on to acknowledge that the waiver analysis is “somewhat inconsistent” with more recent Supreme Court precedent regarding the concepts of waiver and forfeiture, citing the precedentially binding cases of Carter, 462 Mich 206 )(noting the crucial distinction between waiver and forfeiture), and People v Putman, 309 Mich App 240, 243 ; 870 -3- NW2d 593 (2015)(employing a forfeiture/plain error analysis to an oath given to a trial witness).

22016–2016
People v. Putman green
michctapp · 2015
2 sentences

2016The Sardy Court goes on to acknowledge that the waiver analysis is “somewhat inconsistent” with more recent Supreme Court precedent regarding the concepts of waiver and forfeiture, citing the precedentially binding cases of Carter, 462 Mich 206 )(noting the crucial distinction between waiver and forfeiture), and People v Putman, 309 Mich App 240, 243 ; 870 -3- NW2d 593 (2015)(employing a forfeiture/plain error analysis to an oath given to a trial witness).

2016The Sardy Court goes on to acknowledge that the waiver analysis is “somewhat inconsistent” with more recent Supreme Court precedent regarding the concepts of waiver and forfeiture, citing the precedentially binding cases of Carter, 462 Mich 206 )(noting the crucial distinction between waiver and forfeiture), and People v Putman, 309 Mich App 240, 243 ; 870 -3- NW2d 593 (2015)(employing a forfeiture/plain error analysis to an oath given to a trial witness).

22016–2016
People v. Cain green
mich · 2015
1 sentence

2021Id. at 117 n 4.

12021–2021
Bayati v. Bayati green
michctapp · 2005
1 sentence

2016Arbitration is a matter of contract and, as such, arbitration agreements “must be enforced according to their terms to effectuate the intentions of the parties.” Bayati v Bayati, 264 Mich -2- App 595, 599; 691 NW2d 812 (2004).

12016–2016
Tom Thomas Organization, Inc. v. Reliance Insurance green
mich · 1976
1 sentence

1982Peloso, supra. See Thomas, supra, 396 Mich 594 , 596.

11982–1982
Gadde v. Michigan Consolidated Gas Co. green
mich · 1966
2 sentences

1982Wilson v Stilwill, 411 Mich 587, 607, fn 5 ; 309 NW2d 898 (1981), Gadde v Michigan Consolidated Gas Co, 377 Mich 117 ; 139 NW2d 722 (1966).

1982Wilson v Stilwill, 411 Mich 587, 607, fn 5 ; 309 NW2d 898 (1981), Gadde v Michigan Consolidated Gas Co, 377 Mich 117 ; 139 NW2d 722 (1966).

11982–1982
Norris & Hirshberg, Inc. v. Securities & Exchange Commission green
scotus · 1948
2 sentences

1970“A finding is ‘clearly erroneous’ when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co. (1948), 333 US 364, 395 ( 68 S Ct 525 , 92 L Ed 746 ), reh den 333 US 869 ( 68 S Ct 788 , 92 L Ed 1147 ).

1970"A finding is `clearly erroneous' when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." United States v. United States Gypsum Co. (1948), 333 US 364, 395 ( 68 S Ct 525 , 92 L Ed 746 ), reh den 333 US 869 ( 68 S Ct 788 , 92 L Ed 1147 ). *414 Having reviewed the record and having given due regard to the trial judge's special opportunity to judge credibility, we are convinced that in this case a mistake was made, that this defendant, acquitted of statutory rape, should not have b

11970–1970
Howell v. Ragen green
scotus · 1948
2 sentences

1970“A finding is ‘clearly erroneous’ when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co. (1948), 333 US 364, 395 ( 68 S Ct 525 , 92 L Ed 746 ), reh den 333 US 869 ( 68 S Ct 788 , 92 L Ed 1147 ).

1970"A finding is `clearly erroneous' when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." United States v. United States Gypsum Co. (1948), 333 US 364, 395 ( 68 S Ct 525 , 92 L Ed 746 ), reh den 333 US 869 ( 68 S Ct 788 , 92 L Ed 1147 ). *414 Having reviewed the record and having given due regard to the trial judge's special opportunity to judge credibility, we are convinced that in this case a mistake was made, that this defendant, acquitted of statutory rape, should not have b

11970–1970

Where else courts name it

IA 41 (1982–2026) IL 8 (1975–2022) MI 8 (1970–2021) CA 8 (1978–2023) CT 7 (1993–1998) IN 5 (1981–2011) NY 4 (1980–2010) OH 4 (2000–2020) PA 4 (1976–2013) TX 4 (2004–2024) NV 3 (2010–2021) AL 2 (1990–2013) WI 2 (2017–2017) NJ 2 (1952–1991) HI 2 (2020–2021) MO 2 (1974–1983)

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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