Archive for 'Legal Updates'

Michigan Supreme Court Fundamentally Changes Law On Extraction Of Natural Resources

For many years, the Michigan Supreme Court protected the rights of property owners to extract natural resources from their property.  In Michigan, this often involves sand or gravel pits, timber, and oil and natural gas wells.   Based on prior court decisions, local governments could not prohibit mining these resources as long as “no very serious [...]

Liability For Sports Injuries

In a recent decision the Michigan Court of Appeals considered the liability of an arena and an opposing player for an injury in a soccer game. (Click here to view the decision). The plaintiff was injured when an opposing player made a slide tackle and took the plaintiff’s legs out from under her. The arena [...]

Obama Care Provisions Effective 2011

Here are some of the major provisions that will affect most taxpayers starting in 2011: Employers will be required to report the value of your health insurance coverage on your W-2. What does this mean to you? Well technically nothing since insurance coverage won’t be subject to an excise tax until 2018. Furthermore the excise [...]

Update on the Asian Carp Dispute

Over the past several months, we have posted updates about the Lake Michigan Asian carp dispute.  This week, five states – Michigan, Minnesota, Ohio, Pennsylvania, and Wisconsin – filed a federal lawsuit in Chicago against the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago.  The lawsuit alleges that the [...]

Parent’s Waiver of Minor’s Personal Injury Claim is Unenforceable.

On June 18, 2010 the Michigan Supreme Court decided, in Woodman v. Kera, LLC, that pre-injury waivers signed by parents on behalf of their minor children are unenforceable. Generally, a minor is not capable of contracting with another party (Read the Court’s opinion by clicking here). Moreover, neither a parent nor a legal guardian may [...]

Michigan Texting Ban Takes Effect Today

The State of Michigan has enacted a new texting ban that prohibits drivers from reading or typing into their phones while behind the wheel.  The ban will slap first-time offenders with a $100 ticket. Subsequent offenses will cost drivers $200. Texting while driving is considered a primary offense by law enforcement officers; which means drivers [...]

Court of Appeals Erodes Worker’s Compensation Exclusive Remedy Provision

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 [...]

Update on the Asian Carp Dispute

We have posted two previous articles on this topic (Article 1) (Article 2), but felt it was important to bring you the latest update. The United States Supreme Court has again refused to hear the arguments of Michigan Attorney General Mike Cox regarding the invasion of the Asian Carp into the Great Lakes.  It is [...]

CARD Act – How the New Credit Card Law Works

The Credit Card Accountability, Responsibility, and Disclosure Act of 2009 (or “CARD Act”) went into effect on Monday, February 22. The purpose of this Act was to prevent credit card companies from using predatory lending practices and excessive penalties for credit card customers.

When is a License Fee Really an Illegal Tax?

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 [...]