WHO DETERMINES IRREPARABLE HARM IN CONTRACTS: THE PARTIES OR THE COURT?

Posted on March 21, 2016
Most contracts containing covenants not to compete or non-solicitation provisions also contain language within those provisions stating that any breach or threatened breach will result in “irreparable harm,” and that it may be difficult to determine or adequately compensate the non-breaching party through monetary... CONTINUE READING
CATEGORY: Business

Correction of Work Clause Does Not Limit Builder Warranties

Posted on March 10, 2016
On March 4, 2016, the Michigan Supreme Court – by refusing to grant leave – essentially affirmed a Michigan Court of Appeals opinion that refused to limit a “Correction of Work” clause to the 18-month period as stated in the contract. Spring Harbor Club... CONTINUE READING
CATEGORY: Litigation

Are Contracts With Unlicensed Builders Void Or Voidable? The Michigan Supreme Court Provides Definitive Answer

Posted on October 26, 2015
In Epps v 4 Quarters Restoration, LLC, Docket No. 147727 (September 28, 2015), the Michigan Supreme Court held that homeowner contracts with unlicensed builders are voidable, thus putting existing murky law to rest. In Epps, Mr. and Mrs. Epps’ Detroit home suffered flood damage.... CONTINUE READING
CATEGORY: Business

Negligent Procurement of Insurance – The Agent’s Duties to an Insured

Posted on August 25, 2015
The Michigan Court of Appeals recently revisited the issue of an insurance agent’s duty to an insured in procuring adequate insurance coverage. In Land Escape Outdoor Maintenance, LLC v Insurance Advisors, Inc, unpublished opinion per curiam of the Court of Appeals, issued August 13,... CONTINUE READING
CATEGORY: Litigation

Bill Proposes To Decriminalize Possession Of An Ounce or Less of Marihuana

Posted on February 16, 2015
Two bills were introduced recently in the State Senate that would amend both the Michigan Medical Marihuana Act and the Public Health Code. One bill proposes to further limit the rights of those protected under the Michigan Medical Marihuana Act, while the other increases... CONTINUE READING
CATEGORY: Family Law

Not Every Trial Is Guaranteed A Jury

Posted on January 26, 2015
Contrary to popular belief, the right to a trial by jury is by no means a guarantee, particularly in a civil (as opposed to criminal) context. Upholding a lower court’s decision refusing plaintiff a trial by jury, the Michigan Court of Appeals recently affirmed... CONTINUE READING
CATEGORY: Litigation

Federal Circuit Court Holds That Involuntary Mental Commitment Cannot Prevent A Person From Asserting His ‘Fundamental Right’ Of Gun Ownership

Posted on January 21, 2015
The Sixth Circuit Court of Appeals recently decided a case of first impression regarding a federal statute’s lifetime ban against gun ownership for any person who has been involuntarily committed to a mental institution. For Second Amendment and constitutional law scholars Tyler v Hillsdale... CONTINUE READING
CATEGORY: Litigation

The Importance of Properly Handling Discovery Requests for Electronically Stored Information

Posted on January 13, 2015
Electronically stored information (“ESI”), also known as electronic data, includes everything from a spreadsheet created and stored on a company’s hard drive to the emails sent between company employees and customers. Under both federal and state rules, ESI, like any other form of information,... CONTINUE READING
CATEGORY: Business

When You Pick Up A Drink, It’s Time To Put Down Your Gun

Posted on November 11, 2014
Michigan statute (MCL 750.237) makes it unlawful for a person to possess a firearm while intoxicated. The crime, possession of a firearm while intoxicated (PFWI), is a misdemeanor, unless the person in possession causes serious impairment of body function to someone else, in which... CONTINUE READING
CATEGORY: Litigation

Claim For Negligent Procurement Of Insurance Coverage Accrues When Claim Is Denied

Posted on November 11, 2014
In a case of first impression, the Michigan Court of Appeals in Stephens v Worden Insurance Agency, LLC, Docket No. 314700 (October 16, 2014), ruled that an insured’s claim for negligent procurement of an insurance policy accrues when the insurance carrier denies the claim.... CONTINUE READING
CATEGORY: Litigation