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., 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.
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...
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 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...
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...
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...
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...
Every so often the issue of “eavesdropping” comes up in a lawyer’s practice. Perhaps a client has recorded, or wants to record, a conversation with another party (most often a spouse, business partner or contracting party) or had their own conversation recorded by another party. Or maybe it is the lawyer who wants to record a conversation with unscrupulous opposing counsel who always seems...
Let’s say that you took the opposing party’s deposition and were able to obtain what you believe are very damaging admissions. You then file a summary disposition motion under MCR 2.116(C)(10) based on those admissions. When your opponent files a brief in opposition, she supports it with an affidavit from her client that contradicts the prior deposition testimony in an attempt to defeat your...
