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...
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...
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...
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...
The State Bar of Michigan Board of Commissioners appointed NAGM shareholder Stephen McKenney to the District I Character and Fitness Committee for a two-year term beginning January 1, 2017. The Committee, comprised of lawyers and judges, interviews applicants who wish to become members of the State Bar of Michigan, whose applications have been referred for further review for issues related...
Ken Neuman and Steve McKenney both recently completed their seasons with local chapters of the American Inns of Court. Ken served as a Master for his chapter and Steve served as a Barrister for his chapter. American Inns of Court is an association of lawyers, judges, and other legal professionals from all levels and backgrounds who share a passion for professional excellence. Through regular...
Jennifer Grieco was recently interviewed by the Local 4 WDIV news team and Fox 2 News related to her filing of a whistleblower action on behalf of a former animal control officer against the City of Detroit and the Detroit Animal Control. The case is currently pending in Wayne County Circuit court, Brittany Roberts vs. the City of Detroit, et al, Case No. 15-013331-CD.
In addition, Jennifer...
