State, Federal, and Appellate Courts

• I Dissent! How to Exercise Dissenter’s Rights Under Michigan Law

  March 1, 2020

  A shareholder has the right to receive fair value for his or her shares in the event of certain corporate transactions, such as a merger or sale of assets, by exercising dissenter’s rights.  But in order to exercise your right to dissent and obtain that fair value, you must follow the specific requirements of Michigan […]

• Court of Appeals Expands Scope of Amendments of Affidavits of Merit

  February 20, 2020

  Recently, The Michigan Court of Appeals published a 2-1 opinion addressing whether filing an affidavit of merit (AOM) signed by a new expert in a different specialty constitutes an “amendment” under MCR 2.112(L)(2)(b) in a medical malpractice action.  Legion-London v Crawford (Docket No. 344838).  MCR 2.112(L)(2)(b) requires that “all challenges to an affidavit of merit […]

• Starting the Year off Right

  January 22, 2020

  Welcome to a new decade! (Or is it?) The start of a new year always presents a good opportunity to reflect on the year that was. Looking back at 2019, the Rhoades McKee Commercial Litigation Group was privileged to represent a wide range of clients, each with their own unique legal issues and challenges. We […]

• Court Enforces Shareholder Valuation Agreement

  October 18, 2019

  Shareholders who want to avoid protracted litigation over shareholder rights and valuation can specify a valuation protocol in their operative agreements – including a forced redemption on termination of employment of a shareholder for any reason – and the courts will enforce the resulting purchase price. In its October 1, 2019 decision in Niewiek v […]

• Michigan Court of Appeals Clarifies Next Friend Appointments

  June 6, 2019

  The Michigan Court of Appeals recently published an opinion addressing “whether a lawsuit, timely filed by or on behalf of a minor plaintiff, is defective and invalid until the trial court formally appoints a next friend for the minor.”  Estate of Olin v Mercy Health (Docket Nos: 341523; 342937).  The Michigan Court Rules require the […]

• Ruling Defines “Issued” Date for Letters of Authority in Wrongful Death Cases

  May 20, 2019

  In an opinion published on May 14, 2019, the Michigan Court of Appeals clarified when letters of authority are “issued” to a personal representative for purposes of determining the running of the two year period of limitation provided by the wrongful death savings provision of MCL 600.5852.  Estate of Jesse v Lakeland Specialty Hospital (Docket […]

• Court of Appeals Maintains Status Quo: Crego v McLean

  April 23, 2019

  Crego MD vs. DO Ruling The Michigan Court of Appeals released its long anticipated published opinion in Crego v McLean on April 16, 2019.  The issue presented in Crego was whether an allopathic physician (i.e. M.D.) is qualified to testify regarding the standard of care applicable to an osteopathic physician (i.e. D.O.) under MCL 600.2169(1)(b)(i).  […]

• Exploring Key Considerations for Option Contracts

  March 11, 2019

  It’s good to know your options.  You don’t want chips with your sandwich? You’ll be happy to know you have the option to substitute fries (or fruit, for those more health conscious). You want a heated steering wheel, touchscreen navigation, and the DVD system in your SUV? You’re in luck. Those options can all be […]

• Shareholder Oppression: Will You “Know It When You See It?”

  February 14, 2019

  A US Supreme Court Justice once famously stated that, while he might not be able to intelligently define what qualifies as obscene or pornographic, “I know it when I see it.”1 Many advisors and owners say the same thing about “shareholder oppression.”  They might not know the exact definition of “shareholder oppression,” but they claim […]

• Res Ipsa Loquitur Applies in Premises Liability Cases

  January 31, 2019

  In October of 2014, John Pugno, a Rhoades McKee client represented by Stephen Hulst, was injured when a stack of heavy cardboard fell on top of him while he was walking through Blue Harvest Farms’ facility.  Blue Harvest created the stack of cardboard that measured over 14 feet high and weighed over 1,000 pounds. Blue […]