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In Tillman v. Perfect Pitcher Sports Pub (Case No. 328520, Unpublished), the Michigan Court of Appeals issued an opinion addressing the scope of a businesses’ duty to protect its customers from the criminal acts of third parties.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

Michigan Joins Politicized Show Down in Federal Court Regarding New Overtime Regulations

The political climate is ramping up for the upcoming presidential election, and, as always, the courts are a stage for political theatre. Recently, Nevada Attorney General Adam Laxalt, a Republican, filed a lawsuit in U.S. District Court in Eastern Texas to block the promulgation of a new rule by the US Department of Labor and […]

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 […]

Illinois Going After Jimmy John’s for Non-Compete Agreements

Illinois Attorney General Lisa Madigan recently filed a complaint on behalf of the people of the state of Illinois against the popular Illinois-based sandwich shop Jimmy John’s, alleging violations of the Consumer Fraud and Deceptive Practices Act.  The claims alleged by the Attorney General stem from Jimmy John’s highly restrictive non-compete agreements.  Jimmy John’s currently […]

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, […]

Michigan Supreme Court Sets a New Precedent Regarding the Full Credit Bid Rule

On April 13, 2016, in Bank of America, NA v. First American Title Ins. Co., Docket No. 149599, the Supreme Court of Michigan held that the “full credit bid” rule does not bar fraud and breach of contract claims by a mortgagee against a nonborrower third party. This case overruled, in part, New Freedom Mtg. […]

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 Rules that Litigant Only Gets One Bite At the Apple

In late 2015, the Michigan Court of Appeals affirmed a circuit court’s decision to dismiss a case based on the fact that the matter had already been litigated.  In Francis & High Properties, LLC v. Happy’s Pizza Franchise, LLC, a Happy’s Pizza franchise had fallen behind on its rent for several months.  The owners of […]

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.  […]