Faced with tighter budgets, Michigan cities and townships are looking for additional ways to raise revenue. Due to the Headlee Amendment, property tax increases are severely restricted. However, a municipality may establish or increase a fee without violating the Headlee Amendment. The question is: Where is the dividing line between a permissible fee and an [...]
Last week, the Supreme Court issued an important decision on the free speech rights of corporations. The law has long recognized that, just like individuals, corporations are protected by the First Amendment to the Constitution. However, in 1990 (Austin v Michigan Chamber of Commerce) and in subsequent decisions, the Supreme Court had ruled that the [...]
The Michigan Legislature has passed a bill which bans smoking in almost all indoor public venues. This ban has been in the works for a long time; many other States have already enacted similar laws. Governor Granholm is expected to sign the bill into law, and it will go into effect on May 1, 2010. [...]
Arbitration is often a better choice for the parties than litigation in court, because arbitration is often completed more quickly and with less legal expenses than a lawsuit in court. The downside for the party that loses the arbitration is that there are very few grounds to challenge an arbitrator’s decision. Furthermore, a complaint to [...]
Unless the parties agree otherwise, the Statute of Limitations for a breach of contract claim in Michigan is six years. However, the parties may agree by contract to a shorter limitations period. A court would not enforce a one day or one week limitations period, but a contractual limitations period as short as one year [...]
On September 24, 2009, the Michigan Court of Appeals issued an important decision on the rights of minority shareholders in Michigan corporations. The Michigan Business Corporation Act allows a minority shareholder to bring a lawsuit in circuit court if “the acts of the directors or those in control of the corporation are illegal, fraudulent, or [...]
The sales and operation of franchises are heavily regulated under both federal and state law, but do you know what makes the business relationship between two companies a franchise? There are three criteria that establish whether a contract is a franchise agreement. All three criteria must be present for there to be a franchise relationship: [...]
Do you realize that many of the contracts, equipment leases and loan documents that you have signed would require a Michigan judge to use other States’ laws in deciding lawsuits rather than Michigan’s? This is because many contracts contain a “choice of law” or “governing law” provision, by which the parties choose to apply the [...]
Demorest Law Firm is a member of the International Society of Primerus Law Firms, an international organization of smaller law firms. Demorest Law Firm is the exclusive member of Primerus‘ Business, Corporate and International group for the Detroit area. Membership in Primerus is very selective, and the member firms must abide by the Six Pillars [...]
Our current economic tough times may require businesses to take drastic actions to cut costs, including laying off employees. Legal claims by unhappy former employees inevitably increase when the economy is bad and they cannot easily find new jobs.
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