Corporate & Business/Mar 21, 2016

Who Determines Irreparable Harm in Contracts: The Parties or the Court?

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 damages. Contract drafters include this language because courts only award two ... Read More
Litigation/Mar 10, 2016

Correction of Work Clause Does Not Limit Builder Warranties

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 Spring Harbor Club Condo Ass’n v Wright, unpublished opinion per curiam of the Court ... Read More
Corporate & Business/Oct 26, 2015

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

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. The innocent homeowners’ insurance company, Auto Owners, employed an adjusting service ... Read More
Litigation/Aug 25, 2015

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

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 In Land Escape Outdoor Maintenance, LLC v Insurance Advisors, Inc, unpublished opinion per curiam of the Court of Appeals, issued August 13, 2015 (Docket No. 321859), the Court addressed a case in which ... Read More
Family Law/Feb 16, 2015

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

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 the rights of every person in Michigan found in possession of ... Read More
Litigation/Jan 26, 2015

Not Every Trial Is Guaranteed A Jury

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 that certain claims for equitable relief – meaning claims other than ... Read More
Litigation/Jan 21, 2015

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

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 Co Sheriff’s Dep’t, ___F3d ___, (6th Cir, Dec 18, 2014), is ... Read More
Corporate & Business/Jan 13, 2015

The Importance of Properly Handling Discovery Requests for Electronically Stored Information

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, is considered “discoverable” and must be preserved when litigation is pending ... Read More
Litigation/Nov 11, 2014

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

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 case, it becomes a 5-year felony. In 2013, the Michigan Court ... Read More
Litigation/Nov 11, 2014

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

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. In Stephens, the insured approached his insurance agent to procure both ... Read More