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Poorly Defined Contract Terms Could Spell Disaster For Your Company

The Court of Appeals decision in Jodi Perry v. Progressive (February 28, 2017, Unpublished Case No. 330966), should remind companies to remain vigilant in updating their contracts to clearly define the terms of their agreements. In Perry, the Plaintiff had been involved in a vehicle accident and filed a lawsuit against the Defendant insurance company […]

Court of Appeals Holds That Employers May Shorten The Time Period for Employees to Bring Lawsuits

The Court of Appeals recently upheld a provision in an employment contract that limited an employee’s ability to bring a claim against the employer after one-year. Sams v. Common Ground (Unpublished, Case Number 329600, decided January 17, 2017). In Sams, the terms of an employment contract prohibited claims against the employer after 1 year of […]

Tourism Tax Could Be On Its Way Out

The Tourism Marketing Act (MCL 151.871 et seq), allows tourism bureaus in Michigan to charge a 5% room tax to inn owners in Michigan to be used for the purposes of promoting tourism.  Recently, however, the Act has come under fire by inn owners who allege that the tax is unconstitutional. David Gerenson, an inn […]

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In Tillman v. Perfect Pitcher Sports Pub (Case No. 328520, Unpublished), the Michigan Court of Appeals issued an opinion addressing the scope of a businesses’ duty to protect its customers from the criminal acts of third parties.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