Archive: July 2016

  • “Prevailing Party” Does Not Need to Win Claim to Collect Attorney Fees

    July 28, 2016

    (July 28, 2016) Can a party collect attorney fees available to “prevailing parties” under the Construction Lien Act without actually winning its lien foreclosure claim? According to a recent decision by the Michigan Supreme Court, the answer is “Yes” – at least when that party receives an arbitration award establishing that it proved a breach […]

  • Michigan Supreme Court Clarifies Standard Applied to B2B Noncompetition Agreements

    July 19, 2016

    On Friday, July 14, 2016, the Michigan Supreme Court issued an opinion addressing what standard must be applied by courts reviewing noncompetition agreements in business-to-business transactions. The case, Innovation Ventures LLC v Liquid Manufacturing LLC, involved a noncompetition agreement found in contracts between Innovation Ventures, LLC (“Innovation”), the maker of “5 Hour Energy” drinks, and […]

  • Michigan Supreme Court Addresses Pandora and Privacy

    July 18, 2016

    (July 18, 2016) Michigan’s Preservation of Personal Privacy Act, or “PPPA,” is a relatively obscure law aimed at protecting individuals’ privacy with respect to the purchase, rental, or borrowing of books and recordings.1 The law was enacted in 1988, but with the subsequent explosion of the internet its application is now being tested to more […]

  • Michigan Supreme Court Vacates Prior Order Granting Leave to Appeal and Leaves the Issue of Damages for Negotiated Insurance Discounts to the Legislature

    July 14, 2016

    (July 14, 2016) Michigan Supreme Court vacates prior order granting leave to appeal in case involving the impact of negotiated insurance discounts on a plaintiff’s recovery of damages. Unless the Legislature takes action, plaintiffs will be permitted to admit and recover the entire billed amount of medical expenses even if the medical providers accepted a lower […]

  • Rhoades McKee Welcomes Alvin Storrs

    July 11, 2016

    (July 11, 2016)  Rhoades McKee is pleased to announce that Alvin Storrs has joined the firm as a summer associate. Storrs currently attends Vanderbilt University Law School where he anticipates receiving a Juris Doctor in May 2018. His prior work experience includes working as an Underwriter for United Wholesale Mortgage and as a Purchase Banker […]

  • Court of Appeals Rules on Parenting Rights for Unmarried Same-Sex Couples

    July 11, 2016

    A July 5, 2016 decision by the Michigan Court of Appeals will affect unmarried same-sex couples. In Lake v Putnam, the court rejected a claim for custody and parenting time made by the former same-sex partner of the child’s biological mother, where the parties had been in a relationship for 13 years, the child was conceived […]