Strategies

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...

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...

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...

Mediation In Lieu Of Case Evaluation: A Practical Solution For Mixed Equitable And Legal Claims

By: Kenneth F. Neuman and Stephen T. McKenney In current state court practice, almost all claims filed in the circuit court are ordered to case evaluation. Indeed, the wide ranging scope of claims that can be submitted to case evaluation, together with the general efficacy of case evaluation as a dispute resolution process, makes this general practice appealing. But there are certain subsets...

Neuman Anderson Grieco McKenney, P.C. Hosts "Side-Bar" Networking Event

Neuman Anderson Grieco McKenney, P.C., was pleased to network with friends and colleagues at our second SideBar event at Bosco on September 7, 2017, that featured good food and drinks, fabulous live music and, most importantly, good friends.  Thanks to all who attended and helped make it an enjoyable event.            

Detroit Bar Association Business/Commercial Litigation Section Invitation

Friends and colleagues, I was recently appointed chairman of the Detroit Bar Association’s Business/Commercial Litigation Section. The purpose of this section is to address issues important to commercial litigators and promote positive changes to improve the quality of our practices and the services we provide. Membership in the DBA and this section are excellent ways to “give back” to the...

Michigan Supreme Court Clarifies Statute of Limitations Periods for Oppression Claims and When Oppression Claims Accrue

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...

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...

“FIXED BY THE COURT”

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...

A Constructive Word About The Equitable Remedy Of A Constructive Trust

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...