Tag Archives: Liability

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The Court of Appeals decision in Jodi Perry v. Progressive (February 28, 2017, Unpublished Case No. 330966), should remind companies to remain vigilant in updating their contracts to clearly define the terms of their agreements.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 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In Tillman v. Perfect Pitcher Sports Pub (Case No. 328520, Unpublished), the Michigan Court of Appeals issued an opinion addressing the scope of a businesses’ duty to protect its customers from the criminal acts of third parties.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. […]

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 […]

EEOC Issues New Enforcement Guidance Regarding Employee Retaliation Claims

From an employer standpoint, one of the worst things that can happen to a business is the breakup of the employer-employee dichotomy. People perform at their best when they believe that their supervisors are both fair and impartial. A culture of support must be adopted, and employees need to feel comfortable in voicing their objections […]

Ownership of Property Alone Not Enough to Find Nuisance Liability

The Michigan Supreme Court in Sholberg v. Truman, held that an owner of real property could not be found liable for public nuisance where someone other than the owner had actual possession of the property, control over the property, and was not the one that created the alleged nuisance. In Sholberg, Ms. Sholberg was killed […]

New Rules Regarding Tax Liability When Purchasing a Business

  A new law now requires that the Michigan Department of Treasury provide a purchaser of a business with the business’ known, or estimated, tax liability within 60 days of requesting this information.  If the Michigan Department of Treasury fails to provide this information within 60 days of the purchaser’s request, the purchaser will not […]

No Overtime Pay for Pharmaceutical Salesmen

In a 5-4 decision, the Supreme Court of the United States of America dealt a blow to pharmaceutical salesmen when it ruled that the salesmen were not entitled to overtime wages under the Fair Labor Standards Act (FLSA) because they fell under the “outside salesman” exemption. In Christopher v Smithkline Beecham Corp., two salesmen who […]