Foreclosure Law- All rights, including standing, expire when the redemption...
The sale of a foreclosed property triggers the six-month statutory redemption.
View ArticleCivil Procedure- Appearing party must have authority to ‘effectively...
Pursuant to MCR 2.401(F), a court has the authority to direct the appearance of a party or its agent that has “unlimited authority” or “unfettered discretion” to meaningfully and effectively...
View ArticleProperty Law- LDA cannot be used to establish substantive property rights
A party seeking to vacate, correct, or revise a recorded plat of land via application of the Land Development Act must, first, demonstrate that he or she already has a legally recognized interest in...
View ArticleTort Law- Actor’s conduct must be ‘substantially more’ than negligent
To meet the burden of proof for gross negligence, a plaintiff must present evidence of more than mere ordinary negligence. Plaintiff must prove that the defendant acted with “almost a willful...
View ArticleProperty Law- Personal property must meet three factors to be classified a...
To achieve designation as a fixture, personal property must be either constructively or actually annexed to the realty, adapted or applied to the use or purpose of the realty to which it is attached,...
View ArticleCOA rules pothole crash suit may proceed
A plaintiff who was injured when his moped struck a pothole in Dearborn may proceed with his suit against the city after the Michigan Court of Appeals ruled his description of the crash site was close...
View ArticleBusiness Transactions- Nonconforming goods are rejected when buyer...
According to MCL 440.2601, the “perfect tender rule,” if goods fail in any respect to conform to a contract, the buyer is not obligated to accept all or any part of the goods. However, rejection of...
View ArticleContract Law- Clear and specific exclusions must be given effect
An insurance contract must be enforced in accordance with its terms; therefore, courts look to the plain language of the insurance policy in determining the scope of coverage.
View ArticleWorker’s Compensation- An employer must ‘secure the payment of compensation’
The right to the recovery under the WDCA is an employee’s exclusive remedy against his or her employer for a work-related personal injury or occupational disease, except in cases of intentional tort.
View ArticleConstitutional Interpretation- The Legislature may delegate some taxing...
The Legislature may delegate some of its taxing authority to the circuit courts because the Michigan Constitution does not require an absolute separation of powers.
View ArticleCivil Procedure- Constitutionality is presumed in absence of a conflict
MCL 450.1495 and MCR 2.116(C)(10) do not conflict. MCL 450.1495 addresses the question whether a suit should be maintained in the first instance to vindicate the rights of the corporation, while MCR...
View ArticleContract Law- First in substantial breach is barred from bringing suit
A party who commits the first substantial breach of contract and renders the other party’s subsequent performance impossible may not file suit challenging the other party’s breach.
View ArticleAttorney Fees and Costs: Frivolous actions expose party and counsel to costs...
Under MCL 600.2591(1), if a court finds that a civil action or defense to a civil action was frivolous, the court that conducts the civil action shall award to the prevailing party the costs and fees...
View ArticleGovernment Contracts- Government contract plaintiff’s rights are subject to...
When there is a dispute involving a contract between municipalities, although the court’s primary goal of ascertaining and effectuating the intent of the parties remains, the rights of the plaintiff...
View ArticleProducts Liability- Manufacturer liability: Unit specific defect when product...
A manufacturer is not liable in a product liability action based on an alleged product defect unless the plaintiff establishes that the product was not reasonably safe at the time the specific unit of...
View ArticleEmployment Law- Wage assignment enforceable if dues not tied to union...
A wage assignment for the payment of union dues is irrevocable for the term of the applicable contract if it clearly, explicitly, and unmistakably sets forth the obligation to pay union dues for a...
View ArticleTort Law- Conversion to one’s own use — no total deprivation required
In Michigan, any conduct inconsistent with the owner’s property rights constitutes conversion; however, merely possessing an item on credit does not necessarily render the object stolen or result in...
View ArticleTax Law- ‘Mutual mistake’ must affect the ‘substance of the transaction’
Per MCL 211.53a, any taxpayer who is assessed and pays taxes in excess of the amount correct and lawfully due, because of a mutual mistake made by both the assessing officer and the taxpayer, may...
View ArticleFamily Law- Domicile motion invokes MCR 7.208(A)(4) ‘as otherwise provided by...
MCL 552.17(1) permits the necessary modification of a final judgment to ensure the welfare of the children when the parent’s circumstances or the children’s needs have changed.
View ArticleFamily Law- Ruling subject to remand if court ignores MCL 722.23 factors
The Child Custody Act is the “exclusive means” of pursuing child custody rights; therefore, trial courts have a statutory duty to resolve any dispute involving child custody in accordance with the...
View Article