The Michigan Supreme Court this afternoon issued a short (two page) Order that reversed the Court of Appeals opinion in Residential Funding Co. v Saurman, which I discussed previously. The Saurman opinion in the Court of Appeals had ruled that Mortgage Electronic Registration Systems, Inc. (“MERS”) could not foreclose by advertisement in the State of [...]
A recent case decided by the Michigan Court of Appeals addressed the issue of whether a “judgment lien survives and can be foreclosed on after the judgment debtor’s conveyance of the encumbered real property to a vendee who has record notice of the lien, but where no available closing proceeds are distributed to the judgment [...]
In 1031 Lapeer L.L.C. v. Rice, the defendant sought to lease a gas station to the plaintiff for a period of ten years. The defendant knew that the property was contaminated, but failed to inform the plaintiff of that fact. After the parties entered into the lease agreement, the plaintiff sought to avoid the agreement, [...]
What does the word “reimburse” mean? That was the issue recently decided by the Michigan Court of Appeals, in Grosse Isle Twp. V. Grosse Isle Bridge Co. In this case, Grosse Isle attempted to condemn the Grosse Isle Bridge Company’s (the “Company”) toll bridge under the Uniform Condemnation Procedures Act (“UCPA”). At issue in the [...]
Case evaluation is a process in Michigan to attempt to settle cases before trial. The court rules require the parties to submit written and oral statements of their positions to three case evaluators. The case evaluators then decide an amount of money at which the mediators believe the parties should be willing to settle. If [...]
A $14.9 Million verdict was recently overturned by the Michigan Supreme Court. The Supreme Court determined that there was error on part of the trial judge in the jury selection process. The Michigan Supreme Court also inferred in its opinion that the trial judge overseeing the case could be in hot water with the Michigan [...]
The Michigan Worker’s Disability Compensation Act (WDCA) was created in order to ensure that employees injured on the job would receive compensation for their injuries, while at the same time protecting employers from tort liability. An injured worker must generally pursue compensation through the worker’s compensation system, rather than in tort. Essentially, both employer and [...]
The Michigan Court of Appeals has just issued a ruling that describes the duties and responsibilities of not only insurance agents, but also the insured. In General Agency Company v. Huron Oil Company (2010) (Click here to download a PDF), the Court of Appeals reinforced that an “insurance agent has no duty to advise an [...]
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% [...]
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