Publications

• How Does the Election Impact Estate and Gift Taxes?

  November 20, 2016

  (November 21, 2016) The recent election could mean significant changes in estate and gift tax laws.  We believe recent regulatory efforts to abolish valuation discounts will effectively be suspended, and the federal estate/gift tax may soon be repealed. Under current federal estate and gift tax laws, a person is typically taxed at about a 40% […]

• New Ruling Impacts Child Support for Children over 18

  November 17, 2016

  (November 17, 2016) In a published opinion, the Michigan Court of Appeals has clarified the meaning of “full-time basis” for child support after a child’s 18th birthday.  In Weaver v Giffels, the Court of Appeals reversed a ruling by a Kalamazoo Circuit Court Judge which allowed child support beyond a child’s 18th birthday under the […]

• Reduce Risk While Raising Equity

  November 7, 2016

  (November 8, 2016) In the last blog post, we talked about senior debt as the primary source of development funds. Unfortunately for developers, senior debt is rarely sufficient to fund the entire project, and the next most common source of funding after senior debt is equity. Senior lenders will not close on the senior loan […]

• Opinion Highlights Danger of Vicarious Liability based on Teaching Contracts with Non-Employed Physicians

  November 1, 2016

  (November 1, 2016) In a recent unpublished opinion, the Court of Appeals reversed the trial court’s decision granting partial summary disposition in favor of defendant Oakwood Healthcare on the plaintiff’s claim of vicarious liability based on the conduct of on-call surgeon Alice Shanaver, DO.  Thomas v Oakwood Healthcare (COA Docket No. 326072).  The plaintiff’s claims […]

• Hi, Boss! I’m the Employee You Didn’t Hire

  October 20, 2016

  (October 20, 2016) In the past decade, employers have explored numerous ways to trim the number of employees on staff. While much of the trimming has been necessary due to automation and productivity gains, some of it has been driven by the desire to avoid statutory mandates that are triggered by certain thresholds such as […]

• 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 […]

• Break Ground Using Senior Debt

  October 11, 2016

  (October 11, 2016) Real estate development generally is very capital-intensive and most developments are funded by a mix of capital types and sources.  Senior debt is usually the greatest percentage of the capital stack in real estate development,  and typically takes the form of a construction-to-permanent loan.  If the developer has not already acquired the […]

• Recent Ruling May Have Insurance Companies Dusting Off Old Files for New Claims

  September 22, 2016

  (September 22, 2016) Ordinary medical malpractice suits must be commenced within two years of the event at issue or six months after the plaintiff discovers or should have discovered the claim.  In Jendrusina v. Mishra, the Court of Appeals defines in 2-1 newly published decision that when a plaintiff “should have discovered a claim” 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 […]