Legal Opinion · Dissent

Devillers v. Auto Club Ins. Ass'n

Michigan Supreme Court

Decided July 29, 2005No. Docket 126899Published

1DissentCavanagh, J.

Contrary to the majority’s refusal to recognize as much, equitable tolling1 is a time-honored, purposeful, and carefully crafted rule of equity that is employed when rare but compelling circumstances so justify its use. In Lewis v DAIIE, 426 Mich 93; 393 NW2d 167 (1986), the latest case to fall prey to the majority’s chopping block, this Court employed this important mechanism for critical and justifiable equitable reasons that the current majority carelessly relegates to oblivion under an overwrought — and unnecessary — cloak of textualism. What the majority unfortunately fails to recognize…

2Cases cited45 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974

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