Michigan Supreme Court Clarifies Statute of Limitations Periods for  Oppression Claims and When Oppression Claims Accrue
201707.11
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Michigan Supreme Court Clarifies Statute of Limitations Periods for Oppression Claims and When Oppression Claims Accrue

In Frank v. Linkner (Case No. 151888, May 15, 2017), the Michigan Supreme Court recently clarified when LLC member “oppression” claims accrue and the limitations periods applicable to those claims. The Court held (i) that the limitation periods in MCL 450.4515(1)(e), the LLC “oppression” statute, are statutes of limitation and not statutes of repose, (ii)…

201707.11
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Leif Anderson Appointed Chairperson of Commercial Litigation Section and Co-Chairperson of the Fish and Game Section for the Detroit Bar Association

Leif Anderson has been appointed Chairperson of the Detroit Bar Association’s Business/Commercial  Litigation Section for 2017-2018.  The Detroit Bar Association’s Business/Commercial  Litigation Section addresses issues pertinent to business and commercial litigation attorneys. Leif Anderson has also been appointed Co-Chairperson (along with Co-Chair Don Fresard) of the Detroit Bar Association’s Fish and Game Section for 2017-2018. …

“FIXED BY THE COURT”
201705.04
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“FIXED BY THE COURT”

In Barton-Spencer v. Farm Bureau Life Ins Co of Michigan, ____ Mich ____ (2014) (Case Nos. 153655 and 153656, April 14, 2017), the Michigan Supreme Court recently held that by signing a contract providing for attorney fees and costs “as may be fixed by the court”, the parties agreed to have the amount of reasonable…

The Rejection of “Sham Affidavits”
201611.16
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The Rejection of “Sham Affidavits”

Let’s say that you took the opposing party’s deposition and were able to obtain what you believe are very damaging admissions.  You then file a summary disposition motion under MCR 2.116(C)(10) based on those admissions.  When your opponent files a brief in opposition, she supports it with an affidavit from her client that contradicts the…

ECF Service Errors? They Do Happen.
201512.03
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ECF Service Errors? They Do Happen.

One of the largest changes in the practice of law in the last decade is the implementation of electronic court filing, or “ECF,” as practitioners have come to know it. Gone are the days when documents were hand-delivered to the court and counsel by runners and warehoused for years by the court. Now, the filing…

Contracts With Unlicensed Builders – Void or Voidable?
201510.20
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Contracts With Unlicensed Builders – Void or Voidable?

Building or remodeling a home often leads to disputes between homeowners and their builders over the quality of workmanship, cost increases or the timeliness of performance. In those instances, it sometimes turns out that the builder failed to obtain a residential builder’s license, as required by Michigan’s Occupational Code. In such cases, MCL 339.2412(1) of…

Is the “Discovery Rule” Dead?
201507.16
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Is the “Discovery Rule” Dead?

A prospective client tells you he invented a new technology and entered into a licensing agreement with a company that wished to commercially exploit the technology. Shortly after signing the licensing agreement, the licensee set up a foreign company that immediately started manufacturing and selling products using your prospective client’s proprietary technology in violation of…