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8 Michigan opinions name it 1 courts 2009–2024 5 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 |
|---|---|---|
State v. Padillagreen2 sentences2009United States v Butler, 485 F3d 569 , 572 n 1 (CA 10, 2007) (recognizing that these defenses have become merged in modern decisions); see also State v Padilla, 114 Hawaii 507, 513-514 ; 164 P3d 765 (Hawaii App, 2007). 2009United States v Butler, 485 F3d 569 , 572 n 1 (CA 10, 2007) (recognizing that these defenses have become merged in modern decisions); see also State v Padilla, 114 Hawaii 507, 513-514 ; 164 P3d 765 (Hawaii App, 2007). | 2 | 2 |
Buhalis v. Trinity Continuing Care Servicesgreen2 sentences2022If the plaintiff’s injury arose from an allegedly dangerous condition on the land, the action sounds in premises liability rather than ordinary negligence; this is true even when the plaintiff alleges that the premises possessor created the condition giving rise to the plaintiff’s injury. [Buhalis, 296 Mich App at 692 (citations omitted).] Here, although plaintiff’s complaint did not include a label for his claim, it “is well settled that the gravamen of an action is determined by reading the complaint as a whole, and by looking beyond mere procedural labels to determine the exact nature of th 2022If the plaintiff’s injury arose from an allegedly dangerous condition on the land, the action sounds in premises liability rather than ordinary negligence; this is true even when the plaintiff alleges that the premises possessor created the condition giving rise to the plaintiff’s injury. [Buhalis, 296 Mich App at 692 (citations omitted).] Here, although plaintiff’s complaint did not include a label for his claim, it “is well settled that the gravamen of an action is determined by reading the complaint as a whole, and by looking beyond mere procedural labels to determine the exact nature of th | 1 | 1 |
in Re Bradley Estategreen2 sentences2014See In re Bradley Estate, 494 Mich 367, 383-385 ; 835 NW2d 545 (2013) (explaining that the GTLA requires courts to look past the label of a claim to the nature of the liability sought to be imposed). 2014See In re Bradley Estate, 494 Mich 367, 383-385 ; 835 NW2d 545 (2013) (explaining that the GTLA requires courts to look past the label of a claim to the nature of the liability sought to be imposed). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jawad a Shah Md Pc v. State Farm Mutual Automobile Insurance Co
green
2 sentences2022Courts “are not bound by a party’s choice of labels because this would effectively elevate form over substance.’’ Jawad A Shah, MD, PC v State Farm Mut Auto Ins Co, 324 Mich App 182, 204 ; 920 NW2d 148 (2018) (quotation marks and citation omitted). 2022Courts “are not bound by a party’s choice of labels because this would effectively elevate form over substance.’’ Jawad A Shah, MD, PC v State Farm Mut Auto Ins Co, 324 Mich App 182, 204 ; 920 NW2d 148 (2018) (quotation marks and citation omitted). | 2 | 2022–2022 |
Darryl McGore v. Baraga Correctional Facility Warden
green
2 sentences2022Courts “are not bound by a party’s choice of labels because this would effectively elevate form over substance.’’ Jawad A Shah, MD, PC v State Farm Mut Auto Ins Co, 324 Mich App 182, 204 ; 920 NW2d 148 (2018) (quotation marks and citation omitted). 2022Courts “are not bound by a party’s choice of labels because this would effectively elevate form over substance.’’ Jawad A Shah, MD, PC v State Farm Mut Auto Ins Co, 324 Mich App 182, 204 ; 920 NW2d 148 (2018) (quotation marks and citation omitted). | 2 | 2022–2022 |
United States v. Juan Deshannon Butler
green
2 sentences2009United States v. Butler, 485 F.3d 569 , 572 n. 1 (C.A.10, 2007) (recognizing that these defenses have become merged in modern decisions); see also State v. Padilla, 114 Hawai'i 507, 513-514 , 164 P.3d 765 (Hawai'i App., 2007). 2009United States v Butler, 485 F3d 569 , 572 n 1 (CA 10, 2007) (recognizing that these defenses have become merged in modern decisions); see also State v Padilla, 114 Hawaii 507, 513-514 ; 164 P3d 765 (Hawaii App, 2007). | 2 | 2009–2009 |
Adams v. Adams
green
2 sentences2024This Court determines the “exact nature of the claim” by scrutinizing a party’s pleadings in their entirety and “looking beyond mere procedural labels.” Adams v Adams (On Reconsideration), 276 Mich App 704, 710-711 ; 742 NW2d 399 (2007). 2024This Court determines the “exact nature of the claim” by scrutinizing a party’s pleadings in their entirety and “looking beyond mere procedural labels.” Adams v Adams (On Reconsideration), 276 Mich App 704, 710-711 ; 742 NW2d 399 (2007). | 1 | 2024–2024 |
Bowen v. Clemens
neutral
2 sentences2024Accord Fitness Int’l, LLC v Nat’l Retail Props Ltd Partnership, unpublished per curiam opinion of the Court of Appeals, issued October 13, 2022 (Docket No. 358680), p 7 (“ ‘The interference with a tenant’s possession and enjoyment of the demised premises by public officials in the exercise of police power, if not due to any default on the part of the landlord, is not a breach of the landlord’s covenant of quiet enjoyment.’ ”) (quoting 49 Am Jur 2d, Landlord and Tenant § 481, pp 511-512); cf. also Bowen v Clemens, 161 Mich 493, 494-495 ; 126 NW 639 (1910) (“But accidental injuries to the premis 2024Accord Fitness Int’l, LLC v Nat’l Retail Props Ltd Partnership, unpublished per curiam opinion of the Court of Appeals, issued October 13, 2022 (Docket No. 358680), p 7 (“ ‘The interference with a tenant’s possession and enjoyment of the demised premises by public officials in the exercise of police power, if not due to any default on the part of the landlord, is not a breach of the landlord’s covenant of quiet enjoyment.’ ”) (quoting 49 Am Jur 2d, Landlord and Tenant § 481, pp 511-512); cf. also Bowen v Clemens, 161 Mich 493, 494-495 ; 126 NW 639 (1910) (“But accidental injuries to the premis | 1 | 2024–2024 |
Wilkerson v. Carlo
green
2 sentences2022If, however, the same set of factual allegations could support “either of two distinct actions, the applicable limitations period is the one controlling the theory actually pled.” Wilkerson v Carlo, 101 Mich App 629, 631-632 ; 300 NW2d 658 (1980). 2022If, however, the same set of factual allegations could support “either of two distinct actions, the applicable limitations period is the one controlling the theory actually pled.” Wilkerson v Carlo, 101 Mich App 629, 631-632 ; 300 NW2d 658 (1980). | 1 | 2022–2022 |
Stephens v. Worden Insurance Agency, LLC
green
1 sentence2022When considering which statute of limitations applies, this Court is not bound by a party’s label for a claim but will instead “consider the gravamen of the suit based on a reading of the complaint as a whole.” Id. (quotation marks and citation omitted). | 1 | 2022–2022 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.