8 Michigan opinions name it 2 courts 1990–2022 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 |
|---|---|---|
People v. Hendersongreen2 sentences2021See People v Henderson, 391 Mich 612, 616 ; 218 NW2d 2 (1974). 5 5 In Henderson, we read the licensure requirement as simply acknowledging that a person may be authorized to do an act that would otherwise be illegal. 2021See People v Henderson, 391 Mich 612, 616 ; 218 NW2d 2 (1974). 5 5 In Henderson, we read the licensure requirement as simply acknowledging that a person may be authorized to do an act that would otherwise be illegal. | 3 | 4 |
Long Manufacturing Co. v. Wright-Way Farm Service, Inc.green2 sentences2022See Long Mfg Co, Inc v Wright-Way Farm Serv, Inc, 391 Mich 82, 88 ; 214 NW2d 816 (1974). 2022See Long Mfg Co, Inc v Wright-Way Farm Serv, Inc, 391 Mich 82, 88 ; 214 NW2d 816 (1974). | 1 | 1 |
People v. Motor City Hospital & Surgical Supply, Inc.green1 sentence2016Cf. Quinn, 440 Mich at 197-198 (knowledge of a firearm being loaded is not an element of MCL 750.227c; the statute imposes on a person who transports a firearm the duty to ensure that the firearm is unloaded and to inspect the firearm before transporting it); Motor City Hosp, 227 Mich App at 214 (the prohibitions on the receipt of referral fees in the MFCA and HCFCA “make those who engage in the business of providing goods and services responsible for ensuring that no referral fees are paid because they are in the best position to do so. | 1 | 1 |
People v. Quinngreen1 sentence2016Cf. Quinn, 440 Mich at 197-198 (knowledge of a firearm being loaded is not an element of MCL 750.227c; the statute imposes on a person who transports a firearm the duty to ensure that the firearm is unloaded and to inspect the firearm before transporting it); Motor City Hosp, 227 Mich App at 214 (the prohibitions on the receipt of referral fees in the MFCA and HCFCA “make those who engage in the business of providing goods and services responsible for ensuring that no referral fees are paid because they are in the best position to do so. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. Globe Life Insurance
green
2 sentences2007While plaintiffs allege that defendants failed to timely complete construction and made multiple misrepresentations, the fact remains that all of the alleged misconduct occurred during the course of the authorized conduct of residential home building. [1] 460 Mich. 446 , 597 N.W.2d 28 (1999). [2] The majority claims that Smith and Diamond Mortgage are consistent because in Diamond Mortgage the defendants had "no statutory authorization to engage in mortgage writing." Ante at 518 n. 23. 2007While plaintiffs allege that defendants failed to timely complete construction and made multiple misrepresentations, the fact remains that all of the alleged misconduct occurred during the course of the authorized conduct of residential home building. [1] 460 Mich. 446 , 597 N.W.2d 28 (1999). [2] The majority claims that Smith and Diamond Mortgage are consistent because in Diamond Mortgage the defendants had "no statutory authorization to engage in mortgage writing." Ante at 518 n. 23. | 1 | 2007–2007 |
Computer Network, Inc. v. AM General Corp.
green
2 sentences2006Computer Network, Inc v AM Gen Corp, 265 Mich App 309, 313 ; 696 NW2d 49 (2005). 2006Computer Network, Inc v AM Gen Corp, 265 Mich App 309, 313 ; 696 NW2d 49 (2005). | 1 | 2006–2006 |
Becker v. Meyer Rexall Drug Co.
green
2 sentences2006Becker v Meyer Rexall Drug Co, 141 Mich App 481, 485 ; 367 NW2d 424 (1985), citing MCL 333.17711; MSA 14.15(17711) (“A person shall not engage in the practice of pharmacy unless licensed or otherwise authorized by this article.”). 2006Becker v Meyer Rexall Drug Co, 141 Mich App 481, 485 ; 367 NW2d 424 (1985), citing MCL 333.17711; MSA 14.15(17711) (“A person shall not engage in the practice of pharmacy unless licensed or otherwise authorized by this article.”). | 1 | 2006–2006 |
Wisconsin v. Yoder
green
2 sentences1990We agree with him that strict scrutiny is required, that "[Wisconsin v] Yoder [ 406 US 205 ; 92 S Ct 1526 ; 32 L Ed 2d 15 (1972)] remains good law, and must be applied here in the manner as described in Sheridan Road [Baptist Church v Dep’t of Ed, 426 Mich 462, 574-578 ; 396 NW2d 373 (1986)] (Riley, J.).” (Ante, p 398 Cavanagh, J.) 1 _ The principal free exercise claim advanced by defendants focuses on the licensure requirement contained in the childcare organization act, which states in part: A person, partnership, firm, corporation, association or nongovernmental organization shall not estab 1990We agree with him that strict scrutiny is required, that "[Wisconsin v] Yoder [ 406 US 205 ; 92 S Ct 1526 ; 32 L Ed 2d 15 (1972)] remains good law, and must be applied here in the manner as described in Sheridan Road [Baptist Church v Dep’t of Ed, 426 Mich 462, 574-578 ; 396 NW2d 373 (1986)] (Riley, J.).” (Ante, p 398 Cavanagh, J.) 1 _ The principal free exercise claim advanced by defendants focuses on the licensure requirement contained in the childcare organization act, which states in part: A person, partnership, firm, corporation, association or nongovernmental organization shall not estab | 1 | 1990–1990 |
Lyng v. Northwest Indian Cemetery Protective Assn.
green
2 sentences1990OBJECTIVE ANALYSIS OF BURDENS The dissent takes the position that strict scrutiny need not be applied to the licensing requirement because the burdens imposed on defendants' religious beliefs are not constitutionally significant. [20] Yet, the dissent offers no clear standard or methodology by which this Court can, on this record, reject the defendant's sincerely held religious belief that the licensure requirement compels it to violate a religious duty. [21] While the dissent relies upon Lyng, supra, to avoid the demands of strict scrutiny, post, p 456 (BOYLE, J.), the case cannot be extended 1990OBJECTIVE ANALYSIS OF BURDENS The dissent takes the position that strict scrutiny need not be applied to the licensing requirement because the burdens imposed on defendants’ religious beliefs are not constitutionally significant. 20 Yet, the dissent offers no clear standard or methodology by which this Court can, on this record, reject the defendant’s sincerely held religious belief that the licensure requirement compels it to violate a religious duty. 21 While the dissent relies upon Lyng, supra, to avoid the demands of strict scrutiny, post, p 456 (Boyle, J.), the case cannot be extended to | 1 | 1990–1990 |
Clements v. Fashing
green
2 sentences1990In response to the action taken by DSS, the defendants sought declaratory and injunctive relief against the enforcement of both the licensure requirement of 1973 PA 116 and certain regulations promulgated thereunder. [25] In Clements v Fashing, 457 US 957, 962 ; 102 S Ct 2836 ; 73 L Ed 2d 508 (1982), the Court addressed a situation in which the performance of the challenged action automatically triggered sanctions unlike the present case. 1990In response to the action taken by DSS, the defendants sought declaratory and injunctive relief against the enforcement of both the licensure requirement of 1973 PA 116 and certain regulations promulgated thereunder. [25] In Clements v Fashing, 457 US 957, 962 ; 102 S Ct 2836 ; 73 L Ed 2d 508 (1982), the Court addressed a situation in which the performance of the challenged action automatically triggered sanctions unlike the present case. | 1 | 1990–1990 |
Thomas v. Review Board of the Indiana Employment Security Division
green
2 sentences1990The defendants object to licensing because they think submission to a license amounts to what the Bible defines for them as a form of "Moloch worship." [26] The defendant church offers a scriptural basis for its more general objection to licensure, and, of course, "[c]ourts are not arbiters of scriptural interpretation," *402 Thomas, supra at 716 . [27] Dr. Rushdoony testified that the operation of a day-care ministry has become central to the exercise of the defendants' religion. 1990The defendants object to licensing because they think submission to a license amounts to what the Bible defines for them as a form of "Moloch worship.” 26 The defendant church offers a scriptural basis for its more general objection to licensure, and, of course, "[c]ourts are not arbiters of scriptural in terpretation.” Thomas, supra at 716 . 27 Dr. Rushdoony testified that the operation of a day-care ministry has become central to the exercise of the defendants’ religion. | 1 | 1990–1990 |
Sheridan Road Baptist Church v. Department of Education
green
2 sentences1990We agree with him that strict scrutiny is required, that "[Wisconsin v] Yoder [ 406 US 205 ; 92 S Ct 1526 ; 32 L Ed 2d 15 (1972)] remains good law, and must be applied here in the manner as described in Sheridan Road [Baptist Church v Dep’t of Ed, 426 Mich 462, 574-578 ; 396 NW2d 373 (1986)] (Riley, J.).” (Ante, p 398 Cavanagh, J.) 1 _ The principal free exercise claim advanced by defendants focuses on the licensure requirement contained in the childcare organization act, which states in part: A person, partnership, firm, corporation, association or nongovernmental organization shall not estab 1990We agree with him that strict scrutiny is required, that "[Wisconsin v] Yoder [ 406 US 205 ; 92 S Ct 1526 ; 32 L Ed 2d 15 (1972)] remains good law, and must be applied here in the manner as described in Sheridan Road [Baptist Church v Dep’t of Ed, 426 Mich 462, 574-578 ; 396 NW2d 373 (1986)] (Riley, J.).” (Ante, p 398 Cavanagh, J.) 1 _ The principal free exercise claim advanced by defendants focuses on the licensure requirement contained in the childcare organization act, which states in part: A person, partnership, firm, corporation, association or nongovernmental organization shall not estab | 1 | 1990–1990 |
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.