Environmental/Jan 3, 2017

Michigan Underground Storage Tank Cleanup Fund Amended – Elimination of Buy-Downs for Small UST Owners and Retroactive Reduction in Deductibles

2016 closed out with some good news for underground storage tank (UST) owners in Michigan. On December 21, 2016, Governor Snyder signed House Bill 5599 into law (PA 380 of 2016), amending UST corrective action funding provisions of Part 215 of Michigan’s Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451, as amended. The ... Read More
Firm News/Dec 22, 2016

Happy Holidays!

GGTM Law is spreading joy this holiday season with the help of the Mona Shores Choir. Please enjoy viewing our Christmas card while listening to this beautiful arrangement of a Christmas classic sung by the Mona Shores Choir. Wishing each of you Happy Holidays and a Joyful New Year!... Read More
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

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