expanded principle (Michigan) · Go Syfert
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expanded principle in Michigan

6 Michigan opinions name it 2 courts 1970–2020 0 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 (4)

CaseFollowedCited
Abela v. General Motors Corp.green
mich · 2004 · cited in 1 Michigan opinions naming this issue, 2019–2019
2 sentences

2019See Abela v Gen Motors Corp, 469 Mich 603, 606 ; 677 NW2d 325 (2004) (noting that whereas all “state courts are bound by the decisions of the United States Supreme Court construing federal law,” the decisions of lower federal courts “are not binding on state courts”); People v Wilson, 500 Mich 521 , 525; 902 NW2d 378 (2017) (observing that all lower courts in this state “remain bound by” a decision of the Michigan Supreme Court “unless and until th[at] Court overrules it”).

2019See Abela v Gen Motors Corp, 469 Mich 603, 606 ; 677 NW2d 325 (2004) (noting that whereas all “state courts are bound by the decisions of the United States Supreme Court construing federal law,” the decisions of lower federal courts “are not binding on state courts”); People v Wilson, 500 Mich 521 , 525; 902 NW2d 378 (2017) (observing that all lower courts in this state “remain bound by” a decision of the Michigan Supreme Court “unless and until th[at] Court overrules it”).

11
Schulte v. American Box Board Co.green
mich · 1959 · cited in 1 Michigan opinions naming this issue, 1973–1973
2 sentences

1973Renfroe v Higgins Mfg Co, Inc, 17 Mich App 259, 265 ; 169 NW2d 326, 329 (1969), departs from the singular concept of "control” in favor of an expanded analysis termed "economic reality”, stating at p 265, quoting from Schulte v American Box Board Co, 358 Mich 21, 33 ; 99 NW2d 367, 372 (1959): "This is not a matter of terminology, oral or written, but of the realities of the work performed.

1973Renfroe v Higgins Mfg Co, Inc, 17 Mich App 259, 265 ; 169 NW2d 326, 329 (1969), departs from the singular concept of "control” in favor of an expanded analysis termed "economic reality”, stating at p 265, quoting from Schulte v American Box Board Co, 358 Mich 21, 33 ; 99 NW2d 367, 372 (1959): "This is not a matter of terminology, oral or written, but of the realities of the work performed.

11
Renfroe v. Higgins Rack Coating & Manufacturing Co.green
michctapp · 1969 · cited in 1 Michigan opinions naming this issue, 1973–1973
2 sentences

1973Renfroe v Higgins Mfg Co, Inc, 17 Mich App 259, 265 ; 169 NW2d 326, 329 (1969), departs from the singular concept of "control” in favor of an expanded analysis termed "economic reality”, stating at p 265, quoting from Schulte v American Box Board Co, 358 Mich 21, 33 ; 99 NW2d 367, 372 (1959): "This is not a matter of terminology, oral or written, but of the realities of the work performed.

1973Renfroe v Higgins Mfg Co, Inc, 17 Mich App 259, 265 ; 169 NW2d 326, 329 (1969), departs from the singular concept of "control” in favor of an expanded analysis termed "economic reality”, stating at p 265, quoting from Schulte v American Box Board Co, 358 Mich 21, 33 ; 99 NW2d 367, 372 (1959): "This is not a matter of terminology, oral or written, but of the realities of the work performed.

11
Lawrence v. Foxgreen
mich · 1959 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970Perhaps to help explain a nonlegal duty "of a moral or social character of imperfect obligation" the court in Bostetter v. Kirsch Company (1948), 319 Mich 547, 558 , quoted the following more expanded rule which appears in 17 R.C.L. § 88, p 341 and in 33 Am Jur, p 124: "`A publication is conditionally or qualifiedly privileged where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty, or where the person is so situated that it

1970Perhaps to help explain a nonlegal duty “of a moral or social character of imperfect obligation” the court in Bostetter v. Kirsch Company (1948), 319 Mich 547, 558 , quoted the following more expanded rule which appears in 17 R.C.L. § 88, p 341 and in 33 Am Jur, p 124: “ ‘A publication is conditionally or qualifiedly privileged where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty, or where the person is so situated that i

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 (8)

CaseCitedYears
Tamara Woodring v. Phoenix Insurance Company green
michctapp · 2018
2 sentences

2020Supreme Court orders are binding precedent “to the extent they can theoretically be understood, even if doing so requires one to seek out other opinions . . . ” Woodring v Phoenix Ins Co, 325 Mich App 108, 115 ; 923 NW2d 607 (2018).

2020Supreme Court orders are binding precedent “to the extent they can theoretically be understood, even if doing so requires one to seek out other opinions . . . ” Woodring v Phoenix Ins Co, 325 Mich App 108, 115 ; 923 NW2d 607 (2018).

12020–2020
Overall v. Howard neutral
mich · 2007
1 sentence

2020The Court expanded that analysis in its order in Overall v Howard, 480 Mich 896 ; 738 NW2d 760 (2007), in which it reversed this Court’s unpublished decision holding that a golf cart met the definition of “motor vehicle” and expressly adopted the contrary reasoning of the partial dissent.

12020–2020
MARONEK v. Wal-Mart Stores, Inc. green
mich · 2007
1 sentence

2020The Court expanded that analysis in its order in Overall v Howard, 480 Mich 896 ; 738 NW2d 760 (2007), in which it reversed this Court’s unpublished decision holding that a golf cart met the definition of “motor vehicle” and expressly adopted the contrary reasoning of the partial dissent.

12020–2020
Perry v. New Hampshire green
scotus · 2012
1 sentence

2019As the United States Supreme Court has not announced a different or expanded rule regarding this federal constitutional issue, see Perry, 565 US at 232 - 233, 245, we are bound by the Michigan Supreme Court’s holdings in Kurylczyk regarding the demands of due process.

12019–2019
Bane v. Township of Pontiac green
mich · 1955
2 sentences

1991The majority distinguishes Bane v Pontiac Twp, 343 Mich 481 ; 72 NW2d 134 (1955), on the basis that there "the Court expanded the principle of nonconforming use, retroactivity in zoning” 13 to provide relief to the plaintiffs, but does not provide Bane relief to the condominium association al though the nonconforming use issue has been briefed and argued. 14 E Until Fox & Associates, Inc v Hayes Twp, 162 Mich App 647 ; 413 NW2d 465 (1987), was decided, Bloomfield Township contended — see part m — that ordinance no. 397 was a zoning ordinance.

1991The majority distinguishes Bane v Pontiac Twp, 343 Mich 481 ; 72 NW2d 134 (1955), on the basis that there "the Court expanded the principle of nonconforming use, retroactivity in zoning” 13 to provide relief to the plaintiffs, but does not provide Bane relief to the condominium association al though the nonconforming use issue has been briefed and argued. 14 E Until Fox & Associates, Inc v Hayes Twp, 162 Mich App 647 ; 413 NW2d 465 (1987), was decided, Bloomfield Township contended — see part m — that ordinance no. 397 was a zoning ordinance.

11991–1991
Fox & Associates, Inc v. Hayes Township green
michctapp · 1987
2 sentences

1991The majority distinguishes Bane v Pontiac Twp, 343 Mich 481 ; 72 NW2d 134 (1955), on the basis that there "the Court expanded the principle of nonconforming use, retroactivity in zoning” 13 to provide relief to the plaintiffs, but does not provide Bane relief to the condominium association al though the nonconforming use issue has been briefed and argued. 14 E Until Fox & Associates, Inc v Hayes Twp, 162 Mich App 647 ; 413 NW2d 465 (1987), was decided, Bloomfield Township contended — see part m — that ordinance no. 397 was a zoning ordinance.

1991The majority distinguishes Bane v Pontiac Twp, 343 Mich 481 ; 72 NW2d 134 (1955), on the basis that there "the Court expanded the principle of nonconforming use, retroactivity in zoning” 13 to provide relief to the plaintiffs, but does not provide Bane relief to the condominium association al though the nonconforming use issue has been briefed and argued. 14 E Until Fox & Associates, Inc v Hayes Twp, 162 Mich App 647 ; 413 NW2d 465 (1987), was decided, Bloomfield Township contended — see part m — that ordinance no. 397 was a zoning ordinance.

11991–1991
Roseville Community School District v. Roseville Federation of Teachers green
michctapp · 1984
2 sentences

1989Roseville, supra, p 122 .

1989Roseville, supra, p 122 .

11989–1989
Bostetter v. Kirsch Company green
mich · 1948
2 sentences

1970Perhaps to help explain a nonlegal duty "of a moral or social character of imperfect obligation" the court in Bostetter v. Kirsch Company (1948), 319 Mich 547, 558 , quoted the following more expanded rule which appears in 17 R.C.L. § 88, p 341 and in 33 Am Jur, p 124: "`A publication is conditionally or qualifiedly privileged where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty, or where the person is so situated that it

1970Perhaps to help explain a nonlegal duty “of a moral or social character of imperfect obligation” the court in Bostetter v. Kirsch Company (1948), 319 Mich 547, 558 , quoted the following more expanded rule which appears in 17 R.C.L. § 88, p 341 and in 33 Am Jur, p 124: “ ‘A publication is conditionally or qualifiedly privileged where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty, or where the person is so situated that i

11970–1970

Where else courts name it

CA 26 (1967–2026) FL 21 (1979–2014) NY 12 (1936–2023) OH 11 (1993–2025) NJ 10 (2002–2019) KS 9 (1986–2022) TX 9 (1987–2022) NC 8 (1983–2026) MS 8 (1985–2017) CO 7 (1991–2016) IL 7 (1991–2010) WI 7 (1972–2025) MI 6 (1970–2020) MD 6 (1997–2023) PA 6 (1993–2015) WA 5 (1976–2025) CT 5 (1979–2009) NM 5 (1982–2008) DC 5 (1984–2023) IA 5 (1966–2026) MO 4 (1984–2015) NE 3 (1997–2020) LA 3 (1970–2004) TN 3 (1998–2013) ND 3 (2000–2022) IN 3 (1985–2011) AR 2 (2008–2014) NV 2 (1996–2018) MT 2 (1986–1990) MA 2 (1973–1996) AZ 2 (1998–2009) MN 2 (1997–2006)

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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