Few accusations raise the hackles of clients more than claims that they defrauded someone. Understandably, the client accused of fraud wants his or her attorney to prove that he or she was honest and forthright in the parties’ dealings. When you win a summary disposition motion dismissing a fraud claim, you will certainly have one happy client.
However, when you take discovery in a fraud...
As we have discussed in our previous posts, on June 3, 2013, the Business Court Act became effective. That Act requires Michigan circuit courts with 3 or more judges to create a separate “business court” to handle commercial cases, with certain judges from these courts being assigned to preside over these cases.
One of the Legislature’s goals in creating the business court is to “nhance the...
In a prior article, we discussed the implementation of the new Oakland County business court under the business court act – MCL 600.8031, et seq. (the “Act). We also discussed the types of cases that are, and are not, “business or commercial disputes” that must be filed in the business court. Since our last article, we have filed several new cases in the business court, one of which bears...
Keeping Clients’ Confidential Information Out of the Public Record
In the world of commercial litigation, there is an unavoidable complication that often arises during disputes: how to handle sensitive and proprietary information. When parties to business-centered disputes resort to litigation to solve their dispute, the information that is exchanged between the parties often includes...
On June 3, 2013, Public Act 333 of 2012 (the “Act’) took effect in Michigan. The Act requires Michigan circuit courts with three or more judges to create a separate “business court” to handle commercial cases, with certain judges from these courts being assigned to preside over these cases. The Michigan legislature established the new business court in an effort to improve efficiency in the...
A party may be owed money for services they performed, however, if they do not have the proper license for their field of practice, they may be out of luck.
Michigan’s Occupational Code (the “Code”) requires a license to engage in many professions (barber, cosmetologist, architect, real estate broker, residential building contractor). If a person engages in one of these professions without a...
The effects of the housing bubble have been felt by just about everyone, and lenders are certainly no exception. And while “cutting one’s losses” brings joy to virtually no one, lenders are learning just how critical the timing and art of negotiation can be in realizing the best possible outcomes out of an imperfect set of scenarios.
With a rash of so-called “80/20” mortgages working through...
On January 2, 2013, the Michigan Legislature enacted new legislation that can have the effect of “trumping” the previous six-month discovery rule applicable to attorney malpractice claims.
Previously, legal malpractice claims were subject to a two-year statute of limitations (two years from the last date of service performed by the attorney), with a six-month “discovery rule” exception. That...
