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Court of Appeals Clarifies Businesses’ Duty to Protect Customers From Criminal Acts of Third Parties

In Tillman v. Perfect Pitcher Sports Pub (Case No. 328520, Unpublished), the Michigan Court of Appeals issued an opinion addressing the scope of a businesses’ duty to protect its customers from the criminal acts of third parties. In this case, Defendant, Perfect Pitcher Sports Pub, hired Plaintiff to perform as a DJ for the night. […]

Department of Labor’s New Overtime Rule Has Been Enjoined

The month of December usually signifies the beginning of a mad dash towards shopping malls; however, Christmas almost came early this year for over 4.2 million American workers. On December 1, 2016 the Department of Labor was slated to adopt a new “Overtime Rule.” This rule would raise the overtime eligibility of salaried employees from […]

Importance of Negotiating Turn Over of Legal Documents Post-Merger or Acquisition

A U.S. Bankruptcy Court in Delaware recently pushed a shift in the way we think about privilege in the context of mergers and acquisitions in In re Quicksilver Resources et al., 1:15-bk-10585 (Bankr. D. Del. 016). Quicksilver involved a debtor, Quicksilver resources, Inc., (“Quicksilver”) that motioned the court to dispose and abandon certain legal documents […]

Michigan Court of Appeals Reiterates that Worker’s Compensation is an Exclusive Remedy for Unintentional Torts in the Workplace

In a recent decision, the Michigan Court of Appeals reiterated and clarified the standard that worker’s compensation is an exclusive remedy for workplace accidents, precluding any cause of action against an employer in tort law.  This rule does exclude intentional torts, however, for which damages may still be sought. In Luce v. Kent Foundry Co., […]

To Prevail or Not to Prevail under the Construction Lien Act

The Michigan Supreme Court recently expounded on the definition of a prevailing party under the Construction Lien Act (CLA) in the case of Ronnisch Constr Group, Inc v. Lofts on the Nine, LLC.  Pursuant to Section 118(2) of the CLA, prevailing parties are eligible for reasonable attorney’s fees and costs. Whether Ronnisch Construction Group (RCG) […]

Michigan Supreme Court Applies “Rule of Reason” To Analyze Enforceability of Non-Compete Agreements Between Two Businesses

The Michigan Supreme Court recently reinforced the proper analysis for reasonableness of a non-compete clause between two businesses and what qualifies as consideration between two parties in Innovation Ventures v. Liquid Manufacturing. In Case Innovation Ventures the plaintiff contracted the defendant, Liquid Manufacturing, to design, manufacture, and install manufacturing equipment for the production of 5-Hour […]

Terms of Agreement Need To Be Accurately Stated in Written Contract  

In Exclusive Auto v. Mattawan Holdings, LLC, Docket No. 327045, the Michigan Court of Appeals entered a judgment regarding a building in Mattawan, Michigan.  The ownership of the building was in dispute between a former tenant and his landlord in this case.  The plaintiff tenant had met the defendant landlords, a man and his mother, […]

Many of Quicken Loans’ Employee Conduct Rules Found to Be in Violation of the National Labor Relations Act

In a decision reached in April of 2016, the National Labor Relations Board (NLRB) handed down a ruling that certain rules contained within the “Big Book,” the employee handbook for Quicken Loans (QL) and its family of companies, violated the National Labor Relations Act (NLRA).  In MacEachern v. Quicken Loans, Inc., In House Realty, LLC, […]

Court Orders Couple’s Property Sold to Satisfy Husband’s Delinquent Taxes

In United States v. Davis, the Sixth Circuit Court of Appeals upheld the district court’s order allowing the federal government to enforce its tax lien, and sell the property owned by a husband and wife even though the wife was not responsible for the unpaid taxes. The relevant facts in Davis are that a husband […]

Michigan Court of Appeals Decision Urges Caution When Entering Into Fixed-Price, Take-or-Pay Contracts

In December of 2015, the Michigan Court of Appeals handed down a decision which spells caution for parties entering into a long-term contract for the supply of goods at a fixed price which requires the buyer to order a preset amount of goods or pay the difference if the buyer falls short of that quota.  […]