Neuman Anderson Grieco McKenney Attorneys Participate In The 39th Annual Race Judicata

Neuman Anderson Grieco McKenney attorneys Stephen McKenney and Laura DePonio participated in the Oakland County Bar Association’s  39th annual Race Judicata.  The race was held under sunny and chilly conditions on October 14. The 5K run through Bloomfield Township benefits the OCBA and the many programs it supports in the Oakland County community.

Just What Is A “Reasoned Award” In The Context Of An Arbitration Agreement And What Happens If The Arbitrator Does Not Give A Reasoned Award?

Often times in private arbitration agreements – especially those reached after a conflict has arisen between the parties – the parties will agree that any decision by an arbitrator must include a “reasoned award.”  But just what constitutes a reasoned award and what happens when an arbitrator does not provide a reasoned award?  Neither the Michigan Supreme Court, nor the Michigan Court...

Are Big Changes Coming To How Michigan’s State Courts Conduct Discovery?

In the fall of 2017, a special committee convened by the State Bar of Michigan released a report and draft of proposed rule changes to the Michigan Court Rules regarding discovery in civil actions.  The Committee was asked: “in light of the issues surrounding discovery in civil litigation, should the Michigan Court Rules be revised and how?”  The Committee’s response was that the Michigan...

JUST WHAT IS A “REASONED AWARD” IN THE CONTEXT OF AN ARBITRATION AGREEMENT, AND WHAT HAPPENS IF THE ARBITRATOR DOES NOT GIVE A REASONED AWARD?

Often times in private arbitration agreements — especially those reached after a conflict has arisen between the parties — the parties will agree that any decision by an arbitrator must include a “reasoned award.” But just what constitutes a reasoned award, and what happens when an arbitrator does not provide a reasoned award?  Neither the Michigan Supreme Court nor the Michigan Court of...

OFFER OF JUDGMENT IN ARBITRATION – SEEING AN OLD TOOL IN A NEW LIGHT

The Michigan Court Rules provide that, as a means of dispute resolution, a party may, during the course of an action, make an “offer of judgment.” MCR 2.405.  The offer, which must be written, is made by one party to another offering to enter a judgment for a sum certain, including all costs and attorney fees.  MCR 2.405(A)(1).  If the offer is accepted, the judgment is entered and the case is...

Business Court Update: New Amendments Clarify Business Court Jurisdiction

Effective October 11, 2017, two amendments to Michigan’s Business Court Statute clarified the definitions and jurisdictional requirements under that statute for claims to be filed in the Business Court. The Legislature modified both MCL 600.8031 and 600.8035, which had the effect of adjusting Business Court jurisdiction through both expansion of power to hear certain claims (such as claims for...

Commercial Non-Competes And Employment Non-Competes – A Distinction With A Difference

Commercial litigators are usually familiar with non-compete agreements, which generally restrict a person from engaging in a competing business within a certain geographical area for a certain time period. Michigan Courts have long recognized that these agreements are enforceable if they are reasonable. But in a recent decision the Michigan Supreme Court held that the context in which a...

How To Support A Claim For Attorney Fees – A Recent Clinic

Lawyers oftentimes ask for an award of attorney fees in their requests for relief (be they in pleadings or motions).  Generally, attorney fees can be recovered only in narrow instances, such as when there is a contractual or statutory right to them or if they are available under the Court Rules.  While an award of attorney fees is often sought, it is much more rarely granted by the court.  But...