disqualification clause (Michigan) · Go Syfert
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disqualification clause in Michigan

6 Michigan opinions name it 2 courts 1961–2023 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 (1)

CaseFollowedCited
Sussel v. City & County of Honolulu Civil Service Commissiongreen
haw · 1989 · cited in 1 Michigan opinions naming this issue, 2010–2010
1 sentence

2010She has cited with approval Canon 2 of the ABA Model Code of Judicial Conduct, which states that ‘[a] judge shall avoid . . . the appearance of impropriety in all of the judge’s activities’ and Model Canon 18 See, e.g, Tracey v Tracey, 97 Conn App 278, 281 (2006) (“‘The [party] has met its burden [of showing that a judge’s impartiality might reasonably be questioned] if it can prove that the conduct in question gave rise to a reasonable appearance of impropriety.’”) (citations omitted; second alteration added); Sussel v Honolulu City & Co Civil Service Comm, 71 Hawaii 101, 103 (1989) (“‘[A]n a

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 (7)

CaseCitedYears
Tracy C Brickey v. Vincent Lavon McCarver green
michctapp · 2018
2 sentences

2023We have stated the disqualification rule in MCL 500.3135(2)(c) as follows: “individuals injured while operating a motor vehicle that is both owned by them and uninsured in violation of MCL 500.3101 are not entitled to recover damages.” Brickley v McCarver, 323 Mich App 639, 648 ; 919 NW2d 412 (2018).

2023We have stated the disqualification rule in MCL 500.3135(2)(c) as follows: “individuals injured while operating a motor vehicle that is both owned by them and uninsured in violation of MCL 500.3101 are not entitled to recover damages.” Brickley v McCarver, 323 Mich App 639, 648 ; 919 NW2d 412 (2018).

12023–2023
Caperton v. A. T. Massey Coal Co., Inc. green
scotus · 2009
1 sentence

2010If the majority’s genuine intent is to bring Michigan in line with other states’ standards, it should adopt the common standard—requiring recusal when a judge’s impartiality might reasonably be questioned—as a threshold standard at 36 Chief Justice Kelly and Justice Hathaway incorrectly imply that the United States Supreme Court observed in Caperton v A T Massey Coal Co, Inc, 556 US ___ ; 129 S Ct 2252 (2009), that the vast majority of states have adopted the “appearance of impropriety” as a disqualification standard.

12010–2010
People v. Hardaway neutral
mich · 2010
1 sentence

2010NOTES [1] See 485 Mich. civ , cxxxii (2009) (YOUNG, J., dissenting); Pellegrino v. Ampco Systems Parking, 485 Mich. 1134 , ___ N.W.2d ___ (2010) (YOUNG, J., not participating).

12010–2010
Flynn v. McLouth Steel Corp. green
michctapp · 1974
1 sentence

1977People v Dudley, 393 Mich 762 ; 223 NW2d 297 (1974).

11977–1977
Chrysler Corp. v. Smith green
mich · 1941
1 sentence

1967But such an interpretation would disregard the legislative purposes underlying the disqualification clause.” We cannot accept this as authority, however, for in Michigan we follow the rule of statutory construction that requires a “liberal” construction to afford coverage and a “strict” construction to effect disqualification. 4 See Linski v. Employment Security Commission (1959), 358 Mich 239 , and the dissenting opinion of Mr. Justice McAllister, in the case of Chrysler Corp. v. Smith (1941), 297 Mich 438 at 475: “The purpose of the legislation is to pay unemployment compensation benefits an

11967–1967
Linski v. Employment Security Commission green
mich · 1959
1 sentence

1967But such an interpretation would disregard the legislative purposes underlying the disqualification clause.” We cannot accept this as authority, however, for in Michigan we follow the rule of statutory construction that requires a “liberal” construction to afford coverage and a “strict” construction to effect disqualification. 4 See Linski v. Employment Security Commission (1959), 358 Mich 239 , and the dissenting opinion of Mr. Justice McAllister, in the case of Chrysler Corp. v. Smith (1941), 297 Mich 438 at 475: “The purpose of the legislation is to pay unemployment compensation benefits an

11967–1967
Brainard v. Unemployment Compensation Commission green
delsuperct · 1950
2 sentences

1961Brainard v. Unemployment Compensation Commission of Delaware, 45 Del 528 ( 76 A2d 126 ).

1961Brainard v. Unemployment Compensation Commission of Delaware, 45 Del 528 ( 76 A2d 126 ).

11961–1961

Where else courts name it

TX 36 (1983–2025) CA 31 (1964–2026) NY 19 (1954–2025) FL 11 (1909–2026) CO 10 (1988–2025) DC 9 (1991–2022) MO 8 (1979–2022) NJ 8 (1950–2025) MT 7 (1962–2024) MI 6 (1961–2023) GA 6 (1993–2014) IL 6 (1930–2015) CT 6 (1986–2025) OH 6 (1990–2009) IA 5 (1995–2016) TN 5 (1999–2024) DE 5 (1925–2025) MD 4 (1995–2011) KS 4 (1982–2018) NV 3 (1996–2022) OR 3 (1977–2014) PA 3 (1960–2021) WI 3 (1981–2011) MA 3 (1965–1994) LA 3 (1974–1999) HI 2 (2000–2012) UT 2 (1991–2013) MN 2 (2009–2015) WV 2 (2002–2005) OK 2 (2013–2023) VA 2 (2010–2012) NE 2 (1990–2018)

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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