Publications

  • “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 […]

  • 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 […]

  • You Ask, We Answer.

    June 16, 2016

    Q: I run a nonprofit organization. We pay our managers a salary, but most of them do not meet the new salary basis requirements published by the Department of Labor. What do I do? A: Depending on the details of your organization, as well as the details of the work performed by your employees, the […]

  • Michigan Supreme Court Addresses Admissibility of Expert Standard of Care Opinions and Qualification of Expert Witness in Medical Malpractice Action

    June 14, 2016

    On June 6, 2016, the Michigan Supreme Court released its unanimous opinion in Rock v Crocker (Docket No. 150719).  In this opinion authored by Justice Bernstein, the Supreme Court addressed two issues in the context of a medical malpractice action:  (1) the admissibility of testimony by the plaintiff’s expert witness that the defendant physician breached […]

  • Jury Awards Damages and Sends a Message to an Unclaimed Property Firm

    May 19, 2016

    (May 19, 2016) Without our client’s authorization, Unclaimed Property Recovery & Reporting, LLC and UPRR Securities, LLC (“UPRR”) exchanged 247,000 shares of our client’s stock in a company called JDS Uniphase, Corp., for 30,850 new shares. They also, again without the client’s authorization, sold 5,326 of those new shares for $64,391.34, pocketing $55,991.81 of the […]

  • Michigan Supreme Court Recognizes Municipalities’ Right to Adopt Local Prevailing Wage Ordinances

    May 18, 2016

    On May 17, 2016, the Michigan Supreme Court ruled in Associated Builders and Contractors v City of Lansing that local municipalities have the right to adopt local ordinances that govern the wages paid to third-party employees working on municipal construction contracts. The Court’s ruling overturned a nearly 100 year old case which had been used […]

  • DOL Overtime Rule Finally Announced

    May 18, 2016

    On May 18, 2016, the U.S. Department of Labor announced a final rule updating the regulations governing the exemption of executive, administrative, and professional employees from the minimum wage and overtime pay protections of the Fair Labor Standards Act (“FLSA”). This rule will go into effect December 1, 2016 and is estimated to extend the […]

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