227 Mich. App. 472 - Baks v. Moroun’s Empirical Analysis
1998
Citation profile
6 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2014
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on People v. Stanaway · Radtke v. Everett · Gebhardt v. O'ROURKE · In Re the Judicial Dissolution of Kemp & Beatley, Inc. · O'BRIEN v. Hazelet & Erdal
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This Court is not bound to follow the Michigan Court of Appeals. Rather, this Court is to try to determine what the Michigan Supreme Court would do when faced with the issue. This Court believes that the Michigan Supreme Court would give effect to the unambiguous language of the statute and hold that the first provision of § 1541 a is a statute of limitations whose time period does not begin to run until Plaintiffs claims have accrued. A statute of repose prevents a cause of action from ever accruing when the injury is sustained after the designated statutory period has elapsed. A statute of limitations, however, prescribes the time limits in which a party may bring an action that has already accrued. In light of this definition — and the plain language of § 1541a — the statute does not create a period of repose, but rather two alternative statutes of limitations. The first provision of the statute states that “an action ... shall be commenced within 3 years after the cause of action has accrued .... ” Unlike statutes of repose, § 1541a does not prevent the cause of action from accruing a certain time period after the event; rather, the statute provides a time limit that begins to run once the claim accrues. In light of the statute’s unambiguous language, the fact that Baks has been overruled on other grounds, and the Michigan Supreme Court’s unequivocal distinction between statutes of repose and statutes of limitations, this Court believes that § 1541a does not contain a sta”
1 later decision quote this exact passage“An action against a director or officer for failure to perform the duties imposed by this section shall be commenced within 3 years after the cause of action has accrued, or within 2 years after the time when the cause of action is discovered or should reasonably have been discovered, by the complainant, whichever occurs first.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.