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7 Michigan opinions name it 2 courts 1974–2021 2 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 |
|---|---|---|
Casa Bella Landscaping, LLC v. Leegreen2 sentences2021See Casa Bella Landscaping, LLC v Lee, 315 Mich App 506, 510 ; 890 NW2d 875 (2016) (“Court rules, like statutes, must be read to give every word effect and to avoid an interpretation that would render any part of the [court rule] surplusage or nugatory”) (quotation marks and citation omitted). -8- Plaintiff has not shown that anything beyond the bare fact of the trial judge’s previous employment with defendant raised the appearance of impropriety. 2021See Casa Bella Landscaping, LLC v Lee, 315 Mich App 506, 510 ; 890 NW2d 875 (2016) (“Court rules, like statutes, must be read to give every word effect and to avoid an interpretation that would render any part of the [court rule] surplusage or nugatory”) (quotation marks and citation omitted). -8- Plaintiff has not shown that anything beyond the bare fact of the trial judge’s previous employment with defendant raised the appearance of impropriety. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
Newton v. Michigan State Policered2 sentences2004As noted, although not at issue here, we disagree with this Court’s decision in Newton v State Police, 263 Mich App 251 ; 688 NW2d 94 (2004), regarding the interpretation of the court rule. 2004As noted, although not at issue here, we disagree with this Court’s decision in Newton v State Police, 263 Mich App 251 ; 688 NW2d 94 (2004), regarding the interpretation of the court rule. | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Dessart v. Burak
green
2 sentences2004I agree with and adopt the Court of Appeals reasoning that applying the last antecedent rule to MCR 2.403(O)(3) “skews [the court rule’s] dominant purpose,” which is to encourage settlement, deter protracted litigation, and expedite and simplify the final settlement of cases. 252 Mich App 490, 497 ; 652 NW2d 669 (2002). 2004I agree with and adopt the Court of Appeals reasoning that applying the last antecedent rule to MCR 2.403(O)(3) “skews [the court rule’s] dominant purpose,” which is to encourage settlement, deter protracted litigation, and expedite and simplify the final settlement of cases. 252 Mich App 490, 497 ; 652 NW2d 669 (2002). | 1 | 2004–2004 |
Broadway Coney Island, Inc. v. Commercial Union Insurance Companies
green
2 sentences2003We find this interpretation of the court rule to be not only required by its plain language, but also consistent with the underlying purpose of mediation, which is “to encourage settlement and deter protracted litigation by placing the burden of litigation costs upon the party that required that the case proceed toward trial by rejecting the mediator’s evaluation.” Broadway Coney Island, Inc v Commercial Union Ins Cos, 217 Mich App 109, 114 ; 550 NW2d 838 (1996). 2003We find this interpretation of the court rule to be not only required by its plain language, but also consistent with the underlying purpose of mediation, which is “to encourage settlement and deter protracted litigation by placing the burden of litigation costs upon the party that required that the case proceed toward trial by rejecting the mediator’s evaluation.” Broadway Coney Island, Inc v Commercial Union Ins Cos, 217 Mich App 109, 114 ; 550 NW2d 838 (1996). | 1 | 2003–2003 |
Pressley v. Wayne County Sheriff
green
2 sentences1975It does not provide a way for lower courts to share the power to fashion rules that are superior to legislative enactments. 'No other court, only the Supreme Court, enjoys that power.’ Pressley v Wayne County Sheriff, 30 Mich App 300, 313 ; 186 NW2d 412 (1971).” In the Matter of the Attorney Fees of Ruth Ritter and Raymond E. 1975It does not provide a way for lower courts to share the power to fashion rules that are superior to legislative enactments. 'No other court, only the Supreme Court, enjoys that power.’ Pressley v Wayne County Sheriff, 30 Mich App 300, 313 ; 186 NW2d 412 (1971).” In the Matter of the Attorney Fees of Ruth Ritter and Raymond E. | 1 | 1975–1975 |
Perin v. Peuler
red
2 sentences1974This interpretation of the court rule is favored by language from the majority opinion in Perin v Peuler, (On Rehearing), 373 Mich 531 ; 130 NW2d 4 (1964) which suggests that a conviction for a traffic offense may be used for impeachment purposes "or” to test credibility. 373 Mich 531, 542 . 1974This interpretation of the court rule is favored by language from the majority opinion in Perin v Peuler, (On Rehearing), 373 Mich 531 ; 130 NW2d 4 (1964) which suggests that a conviction for a traffic offense may be used for impeachment purposes "or” to test credibility. 373 Mich 531, 542 . | 1 | 1974–1974 |