Corporate & Business/Jul 18, 2016

Non-Competes Between Commercial Ventures to be Assessed Under Rule of Reason

In Innovation Ventures v Liquid Manufacturing, LLC, Michigan Supreme Court Docket No. 150591 (decided July 14, 2016), the Michigan Supreme Court considered whether the validity of a covenant not to compete should be determined by looking at the factors provided in MCL 445.774a or by using the “rule of reason” analysis. MCL 445.774a sets forth ... Read More
Corporate & Business/May 23, 2016

President Obama Signs Federal Act To Protect Trade Secrets

On May 11, 2016, the Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law by President Obama. DTSA, which amends 18 USC 1836, creates a new federal civil cause of action that will allow businesses to obtain damages and injunctive relief and to recover attorney’s fees for misappropriation of trade secrets. Prior to ... Read More
Corporate & Business/May 6, 2016

GGTM Welcomes Real Estate and Business Lawyer J. Scott Timmer To Its Team

Scott Timmer has joined Gielow Groom Terpstra & McEvoy (“GGTM”), adding strength to the firm’s growing legal team. Timmer is the seventh attorney to join GGTM, bringing with him more than 35 years’ experience in the practice of real estate and business law. Timmer is a recognized expert in the area of real estate, having ... Read More
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 Spring Harbor Club Condo Ass’n v Wright, unpublished opinion per curiam of the Court ...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
Family Law/Mar 9, 2016

Same-Sex Adoption Upheld by the U.S. Supreme Court

On March 7, 2016, the United States Supreme Court unanimously reversed an Alabama Supreme Court ruling that refused to recognize a Georgia adoption and denied parental rights to a same-sex parent. VL v EL, 577 US ____ (2016). Previous to the Alabama Supreme Court ruling, a Georgia court entered an adoption order making V.L. the ... Read More
General News/Mar 3, 2016

A Door of a Different Color: Appeals Court holds that condominium association is responsible for painting exterior door of condominium unit

When a condominium association appealed a circuit court order, claiming that a condominium unit owner – not the association – was responsible to repaint the owner’s front door, the Court of Appeals held that the alleged responsibility to repaint was a horse (or perhaps a door) of a different color. Mt Vernon Park Ass’n v ... Read More
Environmental/Feb 23, 2016

Recent Changes and Permit Exemptions Affecting Michigan’s Part 91 Soil Erosion and Sedimentation Control (SESC) Program

House Bill 4604, recently passed by the Michigan Legislature and signed into law by Governor Snyder on January 26, 2016, provides permit exemptions under Part 91 of the Natural Resources and Environmental Protection Act (NREPA) for certain earth changes that are associated with specific agricultural practices and residential property owner activities. These changes, which become ... Read More
Environmental/Feb 19, 2016

Michigan Underground Storage Tank Authority (MUSTA) Releases Statistics on Status of the UST Cleanup Fund

The Michigan Underground Storage Tank Authority (MUSTA) just released statistics on the operation of the Underground Storage Tank Cleanup Fund (Fund) to date, as well as data regarding the number of UST facilities submitting information to MUSTA to utilize the Fund (see below). While the number of facilities submitting deductible buy-down requests and requests for ... Read More