Tag Archives: Litigation

Settlement Discussions: What You Say Will Not Be Held Against You

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 [...]

The Impact of Reicher v SET on The Michigan Sales Representatives Commission Act

The Michigan Sales Representatives Commission Act (“SRCA”), MCLA 600.2961, (Click here to view) provides protection for sales representatives from the company he is selling for (“principal”).  The statute provides that representatives are to be paid what they are owed in a timely manner, and that intentional non-payment of commission by the principal will result in [...]

Forum Selection Clauses

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 [...]

WHAT IS A PRELIMINARY INJUNCTION

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 [...]

What You Need to Know About the Bullard Plawecki Employee Right to Know Act

Under the Bullard Plawecki Employee Right to Know Act, employees are entitled to review their personnel records, make copies of those records, and file written statements clarifying or protesting any documents contained in their file. An employer’s use and disclosure of employee records are regulated by this Act as well. The following are some of [...]

Shortening the Time Period for Discharged Employees to Bring Suit

Employees normally have three years to file a lawsuit for discrimination under Michigan law.  The Statute of Limitations for a breach of contract case is six years.  However, Michigan courts will uphold agreements to shorten the period of limitations for employment disputes.  A recent Michigan Supreme Court opinion held that an agreement to shorten the [...]