In Frank v. Linkner (Case No. 151888, May 15, 2017), the Michigan Supreme Court recently clarified when LLC member “oppression” claims accrue and the limitations periods applicable to those claims. The Court held (i) that the limitation periods in MCL 450.4515(1)(e), the LLC “oppression” statute, are statutes of limitation and not statutes of repose, (ii) an oppression claim must be brought...
Leif Anderson has been appointed Chairperson of the Detroit Bar Association’s Business/Commercial Litigation Section for 2017-2018. The Detroit Bar Association’s Business/Commercial Litigation Section addresses issues pertinent to business and commercial litigation attorneys.
Leif Anderson has also been appointed Co-Chairperson (along with Co-Chair Don Fresard) of the Detroit Bar...
Jennifer Grieco attended the State Bar of Michigan’s Bar Leadership Forum (BLF) on Mackinac Island from June 8-June 10. Chief Justice Stephen Markman and Justice Kurtis Wilder attended the Board of Commissioner’s dinner and board meeting held during the conference. Held annually every year, the BLF provides invaluable networking opportunities among bar leaders including during the “Grand...
In Barton-Spencer v. Farm Bureau Life Ins Co of Michigan, ____ Mich ____ (2014) (Case Nos. 153655 and 153656, April 14, 2017), the Michigan Supreme Court recently held that by signing a contract providing for attorney fees and costs “as may be fixed by the court”, the parties agreed to have the amount of reasonable attorney fees and costs decided by the judge and not a jury.
The plaintiff in...
Every so often we receive complaints that contain a count or claim for “constructive trust”. In these “claims” the parties generally seek a lien on a piece of property (real or personal) or to have the property deemed to be held “in trust” for their benefit. In fact, Michigan recognizes no independent cause of action for “constructive trust” and these “claims” are subject to summary...
The State Bar of Michigan Board of Commissioners appointed NAGM shareholder Stephen McKenney to the District I Character and Fitness Committee for a two-year term beginning January 1, 2017. The Committee, comprised of lawyers and judges, interviews applicants who wish to become members of the State Bar of Michigan, whose applications have been referred for further review for issues related...
Let’s say that you took the opposing party’s deposition and were able to obtain what you believe are very damaging admissions. You then file a summary disposition motion under MCR 2.116(C)(10) based on those admissions. When your opponent files a brief in opposition, she supports it with an affidavit from her client that contradicts the prior deposition testimony in an attempt to defeat your...
Most lawyers know that only a small handful of cases ever go to trial (5% is a generally accepted figure). Given this, many lawyers never actually have to prepare for a jury trial, including preparing for and picking a jury. As a result, many lawyers are not aware of the resources available to assist them in picking their jury.
The facts, claims and parties in a case directly affect the types...
Neuman Anderson Grieco McKenney, P.C., is pleased to report that Jennifer Grieco obtained a complete dismissal of her client as a defendant on summary disposition pursuant to MCR 2.116(C)(10) at the close of discovery. The matter was a wrongful death action pending in Oakland County Circuit Court arising out of a contentious probate dispute between five siblings. The client, though wrongfully...
Jennifer Grieco was recently appointed by the Oakland County Board of Directors to serve as an OCBA representative on the Lakeshore Legal Aid Board of Directors. Jennifer looks forward to working with the Board of Directors to advance Lakeshore Legal Aid’s mission of advocacy and representation in order to empower people to address their legal rights and concerns, to provide access to the...
