Michigan Business Court

  • Why First Impressions Matter in Business Valuation Litigation

    April 26, 2018

    In a business-divorce case or marital divorce case involving a business, each side typically hires an expert to provide the court or jury with an opinion as to the value of the business. Depending on a party’s position, their expert will seek to establish as high or low a value as possible. For example, a […]

  • Court Sets Timer on Oppression Claims

    May 22, 2017

    (May 23, 2017) The managing member of a limited liability company makes a decision that unfairly impacts the minority members’ interest in the business, but does not have an immediate economic impact. Rather, the economic impact does not occur until several years later, when the LLC is sold and the proceeds of the sale are […]

  • Do You Want to Place a Bet?

    January 18, 2017

    The Strategic Use of Offers of Judgment (January 19, 2017) We previously discussed ways to recover fees in litigation through contract or statutory provisions. But what if you don’t have a contract or statute allowing you to recover your fees from the other party? The Michigan Court Rules provide another avenue for a party to […]

  • Recent Ruling Reinforces the Importance of Understanding Contract Terms

    December 2, 2016

    (December 2, 2016) An opinion issued recently by the Michigan Court of Appeals highlights the need for business organizations to pay special attention to not only the language of contracting documents, but also to understand the meaning and consequences of any documents incorporated into those contracts “by reference.” In Naturipe Foods, LLC v Siegel Egg […]

  • Playground flooring sheds light on implied warranties

    October 13, 2016

    (October 13, 2016) The implied warranty of merchantability requires that goods reasonably conform to an ordinary buyer’s expectations.  However, many contracts disclaim implied warranties in the terms and conditions section. The Kent County Specialized Business Docket (“Business Court”) recently addressed the issue of disclaiming implied warranties in Noble Polymers LLC v Hanover Specialties Inc. In […]

  • Business Court Weighs in on Employee vs. Independent Contractor Dispute Regarding Insurance Coverage

    September 13, 2016

    (September 13, 2016) There are a number of legal issues that can be triggered depending upon whether a worker is an independent contractor or an employee. The Kent County Business Court recently addressed this issue in a somewhat unusual setting when it determined that a worker was an independent contractor of defendant, rather than an […]

  • Breaking Up Is Hard To Do

    September 6, 2016

    5 Ways to a Messy Business Divorce (September 6, 2016) As business litigators, we routinely review corporate documents such as operating and shareholder agreements. Most times, those documents are signed with the best of intentions and when the owners are simply trying to make sure they are “on the same page.” But when a dispute […]

  • Business Court Rules on Post-Termination Commissions

    August 1, 2016

    (August 1, 2016) The Michigan Sales Representatives’ Commissions Act (“SRCA”) provides for enhanced damages if an employer intentionally fails to pay sales commissions when due. The Kent County Specialized Business Docket (“Business Court”) recently addressed the issue of enhanced damages for post-termination sales commissions in the case of Grado, Inc. v. Zebra Skimmers Corporation. In […]

  • 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 […]