# Richard S. Boynton v. Trw, Inc.

> Court of Appeals for the Sixth Circuit · October 6, 1988 · 858 F.2d 1178

URL: https://www.frixlaw.com/law-library/cases/9478237

## Case

- **Full name:** Richard S. BOYNTON, Plaintiff-Appellee, v. TRW, INC., Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** October 6, 1988
- **Citations:** 858 F.2d 1178; 16 Fed. R. Serv. 3d 52; 3 I.E.R. Cas. (BNA) 1350; 1988 U.S. App. LEXIS 13633; 1988 WL 102145
- **Precedential status:** Published
- **Opinion:** Concurrence by Lively
- **Judges:** Engel, Lively, Keith, Merritt, Kennedy, Martin, Jones, Krupansky, Wellford, Milburn, Guy, Nelson, Ryan, Boggs, Norris
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9478237

## Opinion text

LIVELY, Circuit Judge
concurring.
I concur in the result, since the en banc court agreed unanimously with the panel that the judgment should be reversed because of the district court’s failure to submit to the jury the issue of mitigation of damages.
Nevertheless, I continue to feel that the en banc court should not issue a decision on the applicability of the Toussaint doctrine to the facts of this case, but should await clarification of that doctrine by the Michigan Supreme Court.
This is a diversity case that is controlled by Michigan law. The state courts of Michigan have issued countless opinions, often conflicting, on the application of Tous-saint in various situations. This court’s decision is not binding on any of the state courts, and we are building a separate body of Toussaint law in the federal courts of Michigan. I believe it is essential for the Michigan Supreme Court to clarify this body of law and that it is a poor use of limited resources for this court to deal with these issues in an en banc decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9478237. Public record. Not legal advice.