In a recent decision, Bailey v. Schaff, the Michigan Court of Appeals issued a landmark ruling concerning the obligations that landlords owe to persons on the landlord’s premises. The Court ruled that a landlord has an obligation to call the police once notified of a dangerous situation. The landlord may be liable for damages to [...]
In good news for employers, the Michigan Supreme Court recently ruled that employers are no longer under the Michigan Civil Rights Act (MCRA) strictly liable for the intentional torts committed by supervisors. In Hamed v. Wayne County Sherriff’s Dep’t, the Court overruled a prior decision, Champion v Nationwide Security Inc. In order to better understand [...]
In California, a woman who sued her employer may not assert attorney client privilege to emails she sent her attorney from her work email, a California appeals court ruled. The woman claimed that the emails she sent to her attorney from her work email were protected under the attorney client privilege doctrine. The court noted [...]
A recent Michigan Court of Appeals decision, Alberto v. Toyota Motor Corp., held that two high-level executives at Toyota Motor Corporation were not required to give depositions. The dispute in this case arose out of an incident where plaintiff’s decedent died while driving a Toyota vehicle, which suddenly accelerated. During the discovery phase, Plaintiff gave [...]
In Christie v Fick, a recent unpublished Michigan Court of Appeals case (March 2, 2010, No.285924), the Court was asked to review whether a tenant alleging violation of Michigan’s Anti-Lockout Statute (MCL 600.2918) was entitled to exemplary damages. The Anti-Lockout Statute specifically states that “any tenant in possession of premises whose possessory interest has been [...]
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 [...]
In most countries when a party loses an adversarial proceeding such as a lawsuit, he or she is made to pay for the other party’s costs and attorney’s fees. However, the United States subscribes to what is in essence a no-fault legal system where both parties pay for their own legal fees and costs despite [...]
In a previous article we had examined the fact that the Michigan Court of Appeals affirmed the common law principle that contract provisions that shorten the statutory period for bringing a cause of action are allowable. Recently, the Court applied similar reasoning in affirming the principle that a contract can even limit the amount of [...]
Arbitration is often a better choice for the parties than litigation in court, because arbitration is often completed more quickly and with less legal expenses than a lawsuit in court. The downside for the party that loses the arbitration is that there are very few grounds to challenge an arbitrator’s decision. Furthermore, a complaint to [...]
Unless the parties agree otherwise, the Statute of Limitations for a breach of contract claim in Michigan is six years. However, the parties may agree by contract to a shorter limitations period. A court would not enforce a one day or one week limitations period, but a contractual limitations period as short as one year [...]
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