Due to COVID-19, our office is open by appointment only. All visitors must wear masks.
Due to COVID-19, our office is open by appointment only. All visitors must wear masks.
Due to COVID-19, our office is open by appointment only. All visitors must wear masks.
Due to COVID-19, our office is open by appointment only. All visitors must wear masks.
Due to COVID-19, our office is open by appointment only. All visitors must wear masks.
Due to COVID-19, our office is open by appointment only. All visitors must wear masks.

Strategies

July 25, 2018by Stephen McKenneyStrategies

The “Conditional Dismissal” – A New Tool For Settlements In Michigan

Effective May 1, 2018, the Michigan Court Rules were amended to create the new rule MCR 2.602(C). The rule describes a procedure for entering a “conditional dismissal” of an action once a settlement is reached, but before the settlement is complete. The rule addresses the long-standing problem of what happens when parties to litigation decide to settle the action by exchanging settlement...
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July 25, 2018by Kenneth NeumanStrategies

Combatting Overbroad Discovery Requests On Third-Parties – The Sixth Circuit Stands Up To Discovery Abuse

The next time you receive a subpoena with an attached schedule requesting seven categories of “communications, material, or electronically stored information” that relates to an individual or entity for some five-year period and even includes its own definitions of words like “communication” and “relate,” you may have a handy response to add to your list of objections: pay me. In a recently...
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July 24, 2018by altiorlawStrategies

Michigan Supreme Court Holds Mediation Fee is a Taxable Cost

Michigan courts increasingly use alternative dispute resolution procedures (“ADR” for short) in an effort to resolve civil cases. In fact, MCR 2.410(A)(1) provides that “ll civil cases are subject to alternative dispute resolution”, which the rule defines as: “any process designed to resolve a legal dispute in the place of court adjudication, and includes settlement conferences ordered under...
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May 16, 2018by Stephen McKenneyStrategies

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...
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May 16, 2018by Stephen McKenneyStrategies

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...
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March 19, 2018by Stephen McKenneyStrategies

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...
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March 19, 2018by altiorlawStrategies

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 Court...
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January 22, 2018by altiorlawStrategies

“WELL, I DECLARE!” – OF AFFIDAVITS AND DECLARATIONS

Attorneys often find themselves in need of an affidavit or sworn testimony on a particular issue. For litigators, this commonly occurs with dispositive motions, motions seeking an injunction or other matters for which our clients bear a burden of proof.  Obtaining an affidavit presents its own challenges, as under Michigan law the person signing the affidavit must be sworn and the signature...
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January 22, 2018by Stephen McKenneyStrategies

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...
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December 1, 2017by altiorlawStrategies

Legal Malpractice and the Statute of Repose – Clarification That the New Statute Applies Retroactively

In January 2013, the Michigan Legislature enacted a six year statute of repose for all claims of legal malpractice. MCL 600.5838b. A statute of repose works together with a statute of limitations to operate as an ultimate time limitation on when a claim may be brought. In legal malpractice actions, the statute of limitations is two years from the date the attorney discontinues serving the...
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