Author: altiorlaw

To Stay or Not to Stay: The Michigan Court of Appeals Holds it is Error to Dismiss, Rather Than Stay, a Proceeding to Compel Arbitration in Construction Lien Dispute

Authored By: Jennifer Grieco and Steve McKenney Litigators handling construction disputes are keenly aware of the respective ninety-day and one-year limitations for recording and seeking to foreclose on construction liens. Given the prevalence of arbitration provisions in construction contracts, litigators are often faced with the issue of how to pursue a claim to establish the validity of...

Altior Law Attorney David Mollicone Prevails in Appeal of Construction Dispute

Altior Law attorney David Mollicone recently secured a win in the Michigan Court of Appeals on behalf of its residential-builder client in the matter of Gold v MG Building Company, Inc., (MCOA Docket No. 359501).   The case involved claims of negligence and breach of the implied warranty of habitability arising from the construction of a Bloomfield Hills home.  The home at...

The Michigan Court of Appeals Provides Binding Insight on the Applicability of the UCC to Mixed Goods and Services Contracts

Authored By: Kenneth Neuman and Matthew Smith Does a contract provide for the sale of goods or for the provision of services?  This is, of course, the threshold question attorneys are faced with in determining whether their client’s contract dispute is governed by common law or the strictures of Article 2 of Michigan’s Uniform Commercial Code.  For decades, Michigan law has...

The Michigan Supreme Court Proposes Amendments to MCR 7.202 and MCR 7.209 to Eliminate Interlocutory Right to Appeal of an Order Denying Governmental Immunity

Authored By: David Mollicone and Nicholas North On December 21, 2022, the Michigan Supreme Court issued its Order concerning proposed amendments to MCR 7.202 and MCR 7.209.  The proposed amendments would remove “an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for...

Kenneth Neuman Selected as Chair of Wayne State University Law School Board of Visitors

Altior Law founding attorney and CPA Kenneth Neuman has been selected to serve as the Chair of Wayne State University Law School’s Board of Visitors.  Ken, a proud Wayne Law alumnus (Class of 86’), will serve at the helm of the board which serves as an advisory body to Dean Richard Bierschbach and other administrative officers of the Law School.  He assumes the role from longtime...

Matthew Smith and Kenneth Neuman Prevail in Recent Open Meetings Act Court of Appeals Opinion

Altior Law attorneys Matthew Smith and Kenneth Neuman recently secured an appellate win in the August 25, 2022 to-be-published Michigan Court of Appeals opinion in Pinebrook Warren, LLC, et al v City of Warren, et al.  The case arose from the Warren City Council’s issuance of medical marihuana licenses based on...

Jennifer Grieco Named by Best Lawyers as the 2023 “Lawyer of the Year” for Plaintiff Professional Malpractice Law in Troy

Altior Law attorney Jennifer Grieco has been honored by Best Lawyers as the 2023 “Lawyer of the Year” in the field of “Professional Malpractice Law – Plaintiffs” in the City of Troy.  Each year Best Lawyers selects a single attorney as its “Lawyer of the Year” for a given specialty in a metropolitan area.  Honorees are selected through confidential peer-review surveys of tens of...

Dave Mollicone Completes SCAO Approved Mediator Training

Altior Law attorney Dave Mollicone recently completed the SCAO approved 40-hour General Civil Mediation Training, and now joins Altior Law attorneys Kenneth Neuman and Jennifer Grieco in offering skilled mediation services.  In addition to his SCAO-approved training, Dave draws from over 2 decades of experience in commercial and corporate litigation, banking litigation, creditors’...