Tag Archives: State of Michigan

Payments on Open Accounts for the Sale of Goods are Subject to the 4 Year Statute of Limitations

Where your business has open accounts with customers, it is important that any attempts at collecting payment be made timely. Although the normal rule allows breach of contract actions to be commenced within six years, where the breach of contract on an open account is based on the sale of goods, it must filed within [...]

Statute of Repose Does Not Apply to Breach of Contract Claims

In a recent decision handed down by the Michigan Supreme Court, Miller-Davis Co. v. Ahrens Construction, Inc., the court ruled that Michigan’s six-year statute of limitations for breach of contract, MCL 600.5807(8), applied to breach of contract claims against contractors, architects, or engineers for improvements to property. In doing so, the Supreme Court rejected the [...]

Attention Homeowners: Michigan’s Homestead Exemption Act

If you are a Michigan homeowner who has recently purchased another home and you are unable to sell your old Michigan home, Michigan law may provide some relief. Michigan homeowners may simultaneously claim a Principal Residence Exemption on two properties so long as certain conditions are met. The law allows property owners who have established [...]

Michigan Attorney General Issues Opinion on Medical Marihuana

The Michigan Attorney General, Bill Schuette, recently issued an opinion (available at http://www.ag.state.mi.us/opinion/datafiles/2010s/op10340.htm) concerning three issues posed by the Michigan Medical Marihuana Act (MMMA): (1) Whether the Michigan Smoking Ban applied to Marihuana; (2) Assuming that the Smoking Ban does not apply to Marihuana, does the MMMA’s prohibition on public smoking apply to food service [...]

New Energy Credits Available on your 2009 Michigan Tax Return

There are two new energy credits available to eligible taxpayers on their 2009, 2010 & 2011 Michigan tax returns. I am frankly shocked that these two credits where maintained during the budget cuts that came out of Lansing in October. In fact the state would have been far better off taking the tax monies from [...]

Michigan Smoking Ban – Summary of House Bill No. 4377

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. [...]

Decision of Michigan Court of Appeals Expands Rights of Minority Shareholders

On September 24, 2009, the Michigan Court of Appeals issued an important decision on the rights of minority shareholders in Michigan corporations.  The Michigan Business Corporation Act allows a minority shareholder to bring a lawsuit in circuit court if “the acts of the directors or those in control of the corporation are illegal, fraudulent, or [...]

What Happens With Employer-Provided Housing When An Employee Is Fired Or Quits?

It is not uncommon for employers to provide housing to employees as part of their compensation package. This frequently occurs in the hospitality, multi-family housing, and construction industries. Employers must be wary when an employee is terminated or resigns, because complications can arise when the employer attempts to oust the former employee from company housing.  [...]

Leaders tout Entrepreneurship | Detroit Free Press

The Detroit Free Press (Freep.com) has been following all of the developments at the National Summit this week in Detroit and posting the latest to their blog (See excerpt below).  This morning the hot topic was the recent rise in entrepreneurship. It is essential that new businesses have all of their ducks in a row [...]

Understanding Michigan Usury Law

The current economic downturn has led to increased public scrutiny of lending practices.  Michigan usury laws offer important protection to borrowers by capping the interest rate that lenders can charge.  Whether one is a lender or a borrower, it is important to become familiar with the basic law and its many exceptions. Violation of the [...]