When will a Court treat two separate written contracts as a single agreement? In Johandes v Crowell (Click here for a PDF), decided by the Michigan Court of Appeals on April 27, 2010, the seller and buyer entered into two contracts — one for the sale of real estate (a house) and the other for [...]
The Michigan Court of Appeals has issued a decision that changes the way interest is calculated on every single Judgment issued by a Michigan Court. Under Michigan Law, interest accrues from the date of filing a Complaint until a judgment is satisfied (paid in full). The current judgment interest rate is 3.48%, up from 3.1% [...]
A tenant of real estate often wants the right to purchase the property if the landlord decides to sell. One common technique is to have the landlord grant the tenant a “right of first refusal.” The tenant is granted the first right to purchase the property on the same terms offered by a bona fide [...]
The Michigan Supreme Court’s March 30, 2010 ruling in favor of the Detroit Public Schools (DPS) allows DPS to keep millions of dollars that DPS collected improperly, by continuing to charge taxpayers for a millage for three years after it expired. Briggs Tax Service, LLC v Detroit Public Schools. In September 1993, voters in Detroit [...]
The Michigan Consumer Protection Act provides consumers with protection against many unfair business practices. However, the Act only applies to “the conduct of a business providing goods, property or service primarily for personal, family or household purposes …” The Michigan Court of Appeals has previously ruled that the protections of the Act do not apply [...]
Many companies, concerned about the cost and timeliness of court litigation, have adopted policies requiring that disputes with discharged employees must be submitted to arbitration. The employee agrees to the arbitration provision as a condition of employment. A recent decision of the Michigan Court of Appeals suggests that employers need to check their arbitration agreements [...]
You might think that the settlement of a lawsuit requires the signature of the client. That is not the case under this Michigan Court Rules. A settlement may be enforced if (a) it is agreed to before the Judge in open court on the record by the client or attorney or (b) if there is [...]
A mortgage has priority over other liens on the property from the date it is recorded with the Register of Deeds. The mortgage can also have priority for amounts advanced by the lender after the date of recording if the mortgage contains certain specific language making it a “future advance mortgage”. In Citizens State Bank [...]
The Michigan Court of Appeals decided an interesting procedural issue regarding the appeal of post-judgment orders awarding or denying attorney’s fees. In Mossing v. Demlow Products, Inc. (2010), the trial court denied an award of attorney’s fees and costs to the defendants. This occurred after the plaintiff had already filed an appeal, and the defendants [...]
The Elliott-Larsen Civil Rights Act (“CRA”), which prohibits discrimination on the basis of race, sex, religion, etc., does not apply to “ministerial” employees of religious organizations. The Michigan Court of Appeals recently ruled that if an employee’s position can be characterized as ministerial, then this employee falls under the ministerial exception and cannot file a [...]
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