problem waiver in Michigan

2016It is conceivable that there were different views concerning what constituted the “first” altercation of the night, although the timeframes alluded to in plaintiff’s deposition testimony and the affidavits would appear to indicate that all were addressing the same altercation. 6 “The questions of duty and proximate cause are interrelated because the question whether there is the requisite relationship, giving rise to a duty, and the question whether the cause is so significant and important to be regarded a proximate cause both depend in part on foreseeability – whether it is foreseeable that

2000A problem with this analysis is that "[a] small variation in the figures used to calculate comparative disparity can produce a significant difference in the result...." Hafen, supra at 24 .

1988It has long been the rule in Michigan that, in workers’ compensation cases, the law in effect at the time of the relevant injury must be applied unless the Legislature clearly indicates a contrary intention. [Nicholson v Lansing Bd of Ed, 423 Mich 89, 93 ; 377 NW2d 292 (1985).] The problem with applying this rule to the facts presented here is that the legislation involved is not new, but it has been given a new interpretation by the lead opinion in Howard .

1988It has long been the rule in Michigan that, in workers’ compensation cases, the law in effect at the time of the relevant injury must be applied unless the Legislature clearly indicates a contrary intention. [Nicholson v Lansing Bd of Ed, 423 Mich 89, 93 ; 377 NW2d 292 (1985).] The problem with applying this rule to the facts presented here is that the legislation involved is not new, but it has been given a new interpretation by the lead opinion in Howard .

1983The problem of which test to apply in a non-workers’ compensation and non-respondeat superior circumstance was addressed by the Supreme *624 Court in Nichol v Billot, supra. In that case, the defendant attempted to use the workers’ compensation act as a shield to plaintiffs claim for wrongful death.

1978On retrial we instruct the judge to ascertain defendant’s prior felony convictions, if any, before ruling on their admissibility under People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974).

1978On retrial we instruct the judge to ascertain defendant’s prior felony convictions, if any, before ruling on their admissibility under People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974).

1957Specially aidful in solution of the problem is the rule this Court adopted — from Connecticut— in Brebner v. Sidney Hill Health System, Inc., 269 Mich 541, 544 (followed in Flynn v. Kramer, 271 Mich 500, 505 ; Warwick v. Blackney, 272 Mich 231 ; Davis v. New York Central R.

1957Specially aidful in solution of the problem is the rule this Court adopted — from Connecticut— in Brebner v. Sidney Hill Health System, Inc., 269 Mich 541, 544 (followed in Flynn v. Kramer, 271 Mich 500, 505 ; Warwick v. Blackney, 272 Mich 231 ; Davis v. New York Central R.