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...
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 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...
It is well established that non-compete agreements in employment contracts are enforceable if they meant the requirements of MCL 445.774a of the Michigan Antitrust Reform Act (“MARA”). But what about non-compete agreements that do not arise in the employment context? In Brillart v. Danneffel, 36 Mich. App. 359 (1971), the Court of Appeals ruled that if good will was transferred in connection...
Plaintiffs frequently seek to pierce the corporate veil of companies against whom judgments may be or have been obtained in an attempt to extend liability to the defendants’ principals. Is piercing the corporate veil a viable cause of action separate from the underlying claims that seek to impose liability on the defendant entity? When can a piercing the corporate veil claim be asserted?...
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 sensitive financial material, such as documents, reports, trade secrets,...
In many cases, the law firm is Neuman Anderson, P.C., and they’ve just moved into new space in luxurious downtown Birmingham from their previous Southfield home. Although the new zip code may seem sybaritic and affluent, Ken Neuman wants potential clients to know that he is open to most critical circumstances.
In a breach-of-contract lawsuit filed in Oakland County Circuit Court, plaintiffs/counter-defendants Alon and Shari Kaufman sought compensatory damages from defendant/counter-plaintiff Eric Charles Design, Ltd.
Ken Neuman, managing partner of Neuman Anderson, P.C., a Birmingham, Mich.-based business law firm specializing in complex commercial litigation, has been named one of “The Best Lawyers in America” in the practice area of real estate litigation by Best Lawyers.
