Walters v. Nadell’s Empirical Analysis

Citation profile

16 state decisions

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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Sec. 206. Statute of Limitations. (a) Tolling of Statutes of Limitation During Military Service — The period of a service member’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State or the United States by or against the service member or the service member’s heirs, executors, administrators, or assigns. (b) Redemption of Real Property — A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment. (c) Inapplicability of Section — This section does not apply with respect to a period limited by law or regulation for the filing of a claim or lawsuit against the United States by a service member or a service member’s heirs, executors, administrators, or assigns unless— (1) the cause of action accrues in time of war or armed conflict or during a period of military service by the service member outside the United States, or any of these circumstances intervenes within two years after the cause of action accrues, and if material effect is shown; and (2) the claim is filed not later than the expiration of the applicable statute of limitations or two years after the war or military action or period of military service outside the United States is terminated, whichever is later. (d) ”

   1 later decision quote this exact passage · from the majority
   e.g. Brandt v. Weyant (In Re Brandt)

2. “The principal rationale for the rule is based in the nature of the adversarial process and judicial efficiency. By limiting appellate review to those issues raised and argued in the trial court, and holding all other issues waived, appellate courts require litigants to raise and frame their arguments at a time when their opponents may respond to them factually. This practice also avoids the untenable result of permitting an unsuccessful litigant to prevail by avoiding its tactical decisions that proved unsuccessful. Generally, a party may not remain silent in the trial court, only to prevail on an issue that was not called to the trial court's attention. Trial courts are not the research assistants of the litigants; the parties have a duty to fully present their legal arguments to the court for its resolution of their dispute. [ Walters , 481 Mich. at 388 , 751 N.W.2d 431 (citations omitted).]”

   1 later decision quote this exact passage · from the majority
   e.g. 324 Mich. App. 182 - Jawad a Shah Md Pc v. State Farm Mutual Automobile Insurance Co

3. “[W]e ... hold that current 50 USC Appendix 526 is “unambiguous, unequivocal, and unlimited.” The Court of Appeals opined that the change from “shall not” to “may not” rendered the tolling discretionary. Although the term “shall” is clearly mandatory, and the term “may” is typically permissive, “may not,” in the context of 50 USC Appendix 526(a), is not permissive. “May not,” as it is used in 50 USC Appendix 526(a), has the same meaning and import as “cannot” or its predecessor, “shall not.” The provision clearly provides that the time that a service member is in military service is excluded from any period of limitations.”

   1 later decision quote this exact passage · from the majority
   e.g. Brandt v. Weyant (In Re Brandt)