When contracting with a municipality, it is critical that the non-municipal party complete its due diligence. Although the law generally provides a number of rules to help parties harmed by an improper contract, many of those rules are not available when the defendant is a municipality. In a recent case, Wolverine Engineers & Surveyors, Inc [...]
In a recent case, Rule v US Bank, the Michigan Court of Appeals declined to broaden the definition of “Owner” under MCL § 600.6023(1)(h). In 1999, the plaintiff, Wanda, became a quadriplegic after a snowmobile accident. Because of the accident, the plaintiff received an insurance payment and moved into her parents’ home. In order to [...]
The United States Patent and Trademark Office (USPTO) has announced that it is opening a patent office in Detroit. The USPTO has announced that the office will open by July of 2012. The new office will be located at 300 River Place Dr., the former home to Parke-Davis Laboratories and the Stroh’s Brewery Headquarters. The [...]
Where your business has open accounts with customers, it is important that any attempts at collecting payment be made timely. Although the normal rule allows breach of contract actions to be commenced within six years, where the breach of contract on an open account is based on the sale of goods, it must filed within [...]
Generally, the federal courts have jurisdiction in two ways. First, federal courts have jurisdiction where the case involves is a federal question. A federal question exists where a court must interpret the US Constitution or a federal law. Second, the federal courts have diversity jurisdiction. Diversity jurisdiction occurs where the parties are citizens of different [...]
In a recent decision handed down by the Michigan Supreme Court, Miller-Davis Co. v. Ahrens Construction, Inc., the court ruled that Michigan’s six-year statute of limitations for breach of contract, MCL 600.5807(8), applied to breach of contract claims against contractors, architects, or engineers for improvements to property. In doing so, the Supreme Court rejected the [...]
The National Labor Relations Board agreed last week to delay the effective date of its controversial new Employee Rights Notice Rule until April 30, 2012 (available at http://www.nlrb.gov/news/nlrb-postpones-effective-date-rights-posting-rule-april-30). The Rule requires that non-exempted employers post a notice of employee rights under the National Labor Relations Act. Under the rule, most employers will be required to [...]
One of the bedrock principles of Michigan property law is that property held jointly by husband and wife is protected from the claims from one spouse’s creditors. However, a recent federal court ruling has significantly undercut this important property right. In a recent opinion, the Sixth Circuit Court of Appeals (available at http://www.law.justia.com/cases/federal/appellate-courts/ca6/10-1498/11a0580n-06-2011-08-18.html) ruled that [...]
Mark Demorest was recently selected a Top Lawyer by Dbusiness magazine in the specialized area of eminent domain and condemnation law. Dbusiness magazine is one of Detroit’s premier business journals. Mr. Demorest is one of only nine lawyers from this practice area to receive this distinction. The Top Lawyer designation is a peer-reviewed award, meaning [...]
Misclassification of employees is a hot enforcement topic for the IRS. Determining whether a worker should be classified as an independent contractor or an employee is not always clear. The IRS has 20 factors that they consider when determining whether one is an employee or an independent contractor. The factors focus on the ability of [...]
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