Tag Archives: business

Right To Recover Surplus Proceeds Is Not Relinquished At Foreclosure Sale

A recent court decision in In Re $55,336.17 Surplus Funds; MiLW No. 07-94649 cemented the interpretation of MCL 600.3252 insofar as junior mortgagees maintain a legal right to claim any surplus which remains after the foreclosure of a property to satisfy a senior mortgage. Here, PNC held both the senior and junior mortgages as a […]

Business Tips – Naming Your Company

Demorest Law’s commitment to the business community has encouraged us to offer a three-part series on naming and branding your new or existing business. This article will be the first installment of that series and will focus on the importance of choosing an appropriate name. The other two installments will cover Trademarks and Restricted Names. […]

Workplace-Violence Prevention

  In the wake of recent tragedies involving workplace-violence victims, the Michigan Department of Licensing and Regulatory Affairs will be offering free violence prevention seminars on May 10th  from 9:30a.m. – 12:30 p.m., and May 11th from 9:00 a.m. – 12:00 p.m.. The May 10th event will be hosted by Calvin College, at the Covenant […]

New House Bill Aims To Regulate Ride-Sharing

House Bill No. 4637 is aimed at Transportation Network Companies (“TNC’s”) which hold themselves out to the public as transportation for hire. Uber and Lyft are just two of the major players which will be affected by this bill, as any services which offer prearranged rides to the general public through internet services will be […]

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The Court of Appeals decision in Jodi Perry v. Progressive (February 28, 2017, Unpublished Case No. 330966), should remind companies to remain vigilant in updating their contracts to clearly define the terms of their agreements.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 Sams v. Common Ground (Unpublished, Case Number 329600, decided January 17, 2017).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 […]

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. […]

Growing Responsibilities for Physician’s Assistants

House Bill 5533, addressing the scope of practice restrictions on physician assistants (PA’s), recently became law in Michigan.  Through House Bill 5533, the supervisory relationship between physicians and PA’s is changed by giving PA’s more autonomy in providing care for their patients. The language of previous bills has been reshaped, presumably to combat a shortage […]

Court of Appeals Clarifies Standard of Care that Applies to Participants in Recreational Activities

“A person who engages in a recreational activity is temporarily adopting a set of rules that define that particular pastime or sport. In many instances, the person is also suspending the rules that normally govern everyday life.” If you operate a business that involves any type of recreational activity – golfing, dancing, sailing, swimming, etc […]

February 10, 2017 Deadline for Small Businesses to File for Michigan Personal Property Tax Exemption

  MCL § 211.9o, also known as the “small business taxpayer personal property exemption”, allows small business owners to claim a complete exemption for industrial or commercial personal property when the following requirements are met: An Affidavit to Claim Small Business Tax Exemption (Form 5076) is timely filed by February 10, 2017. A link to […]