In this two part series we will discuss the contract remedy of unjust enrichment. This first installment will explain the basic concept of unjust enrichment. Part two will discuss how to plead and calculate unjust enrichment. For those not familiar the intricacies of the legal world, legal jargon may seem like a foreign language (and [...]
Last week, Governor Snyder signed a new law permitting certain liquor licensees to apply for and obtain a new “catering permit” (MCL 436.1547). The catering permit allows existing licensees to provide and serve liquor at private off-site events. Previously, even if a licensee was providing food service at an off-site event, the licensee could not [...]
The Michigan Legislature has passed a bill which bans smoking in almost all indoor public venues. This ban has been in the works for a long time; many other States have already enacted similar laws. Governor Granholm is expected to sign the bill into law, and it will go into effect on May 1, 2010. [...]
If you are purchasing a Michigan business, then you need to be aware of Section 22 of the Michigan Employment Securing Act. If you are not aware of how Section 22 can affect you transaction, please read the article “SUCCESSION TO MICHIGAN UNEMPLOYMENT TAX EXPERIENCE ACCOUNT OF PURCHASED MICHIGAN BUSINESS” by Steve Dunn. Click here [...]
When real property is transferred in the state of Michigan, both state and county transfer taxes are assessed based on the purchase price of the property. Transfer taxes are imposed when a deed transferred the ownership of land from one entity to another. However, until recently, the transfer tax did not apply if the buyer [...]
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 [...]
Joint tenants hold equal and undivided interests in a parcel, with a right of survivorship. When a joint tenant dies, the deceased’s interest does not descend to heirs. Instead, the entire ownership remains in the surviving joint tenant or tenants. This transfer occurs automatically upon the death of the joint tenant. Michigan recognizes two types [...]
On July 21, 2009, the Michigan Supreme Court ruled in McNeil v Charlevoix County, 2009 Mich. LEXIS 1572, that a local health agency had the authority to require employers to adhere to a more strict regulation regarding workplace smoking than was required under state law. In addition, the Court ruled that (a) the local regulation [...]
As of January 2009, Michigan is one of the few states to offer a new form of business entity. If your business is for profit, but its primary focus is to accomplish socially beneficial acts, you may want to organize as a low profit limited liability, or an L3C. The L3C is structured like any [...]
A recent Michigan law and impending Federal legislation are reshaping the way businesses can handle the sale and use of gift cards and gift certificates. In November 2008, the State of Michigan passed new laws which mandate that gift cards and gift certificates issued by retailers may not have an expiration date less than 5 [...]
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