One of the more technical areas of real estate law concerns liens. The most common lien that people are familiar with is home mortgages. Mortgages give lenders the right to foreclose on property when the loans underlying the mortgage are not paid. Similarly, a construction lien on real estate may arise when the owner of [...]
The filing of frivolous lawsuits is widely considered a problem. Frivolous lawsuits cost a significant amount of money, expend scarce judicial resources, and erode the integrity of the judicial system. In an attempt to curb frivolous lawsuits, one judge decided to take a stand against one plaintiff’s repeated frivolous filings. In 1997, a Livingston County [...]
With the rise in planned unit developments, condominiums, and newer large-scale subdivisions, deed restrictions are increasingly common. In fact, nearly 60 million people live in homes governed by deed restrictions. Although deed restrictions can sometimes be burdensome, the evidence suggests that deed restrictions increase property values. One of the most common restrictions found in deeds [...]
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 be filed [...]
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 [...]
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