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 [...]
An estimated 95% of lawsuits brought in Michigan are settled out-of-court, without ever going to trial. Trial preparation is expensive and fears of excessive verdicts are a major motivating factor for small businesses to settle matters. A settlement amount might not always be palatable because it is lower or higher than expectations, but it removes [...]
When entering into agreements with larger business entities, whether it be to lease a photocopier or host your website, for example, it is critical that you read the entire agreement, including one possibly costly paragraph – the choice of forum clause. A choice of forum clause binds the parties to litigate the matter in the [...]
A typical lawsuit seeks the court’s aid in collecting monetary damages where there has been injury to property or person or one individual has failed to live up to their end of a bargain. However, there is a mechanism is available to prevent a party from taking an action that can’t be adequately compensated through [...]
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