Court of Appeals Holds that Law Firm Representing Itself in an Action for Attorney Fees is Entitled to Case Evaluation Sanctions
201404.07
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Court of Appeals Holds that Law Firm Representing Itself in an Action for Attorney Fees is Entitled to Case Evaluation Sanctions

The Michigan Court of Appeals recently issued an opinion providing that a law firm that represents itself in an action for non-payment of attorney fees is entitled to obtain case evaluation sanctions and be compensated for its own fees incurred in bringing the fee action when the former client fails to accept case evaluation pursuant…

The Burden of Proving the Burden of Proof
201404.07
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The Burden of Proving the Burden of Proof

We all know that the default burden of proof standard in civil cases is the “preponderance of evidence” standard. In explaining this standard to a jury, many of us resort to the proverbial tipping of Lady Justice’s scales. We also know that fraud claims require proof by the higher “clear and convincing” standard. Imitations of…

Business Court Update – Supplemental Jurisdiction
201404.04
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Business Court Update – Supplemental Jurisdiction

As more practitioners file cases in the Business Courts, it is predictable that they will have to grapple with jurisdictional issues involving multiple claims. One issue that litigators should be aware of is that business courts have ‘supplemental’ jurisdiction over claims that are not themselves business court claims, but that are related to business court…