“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…

Minority Oppression Statutes of Limitation/Repose
201505.05
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Minority Oppression Statutes of Limitation/Repose

Suppose you represent a minority member of a limited liability company who believes that the majority member (who is also the managing member) had the company enter into a series of transactions that enriched herself at the expense of your client. Your client also tells you that he sustained the damages earlier this year, even…

Michigan Court Of Appeals Recently Reaffirms: Loans And Guarantees Are Separate Contracts That Can Be Pursued In Separate Actions, Unaffected By Compulsory Joinder Rules
201503.27
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Michigan Court Of Appeals Recently Reaffirms: Loans And Guarantees Are Separate Contracts That Can Be Pursued In Separate Actions, Unaffected By Compulsory Joinder Rules

The Michigan Court of Appeals, in a recent published decision, reaffirmed the principle that a personal guaranty of a loan is a separate and distinct contract from the loan itself with separate and distinct remedies. So, just because a lender has sued a borrower and guarantor, does not mean that the lender has to ask…