Strategies Archives - Page 4 of 10

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

March 15, 2019by altiorlawStrategies

Declarations Allowed to Replace Affidavits (on a Limited Basis) in Michigan State Courts

By Matt Smith Amidst the September 1, 2018 e-filing uniformity revisions to MCR 1.109, the Michigan Supreme Court inched a bit closer to providing Michigan state court litigators a tool previously reserved for federal practice – the unsworn, un-notarized declaration. For those unfamiliar with this creature of federal statute, please check out the prior post here:...

November 7, 2018by altiorlawStrategies

More Changes In Receivership Law — The New Uniform Commercial Real Estate Receivership Act

This year the Michigan Legislature joined the Michigan Supreme Court in revising the state’s approach to receiverships. For many years, receiverships have been equitable creatures, controlled by the trial courts, with only minimal guidance from the governing statutes and court rules. The Michigan Supreme Court started changing this landscape with its expansion of MCR 2.621 and MCR...

November 7, 2018by Stephen McKenneyStrategies

Beware The "Tender Back Rule" When Pursuing Previously Released Claims

Most civil litigation ends with a settlement agreement in which the parties agree to compromise their claims and defenses, dismiss the underlying lawsuit and release all claims they have against one another. Normally this ends the matter and the parties go their separate ways. But what happens when one party breaches the settlement agreement? What options does the...

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...

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...

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...

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...

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...

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...

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...