State, Federal, and Appellate Courts

  • 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 […]

  • “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 […]

  • 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 […]

  • Jury Protects West Michigan Business With “No Cause” Verdict in Sales Commission Dispute

    May 6, 2016

    (May 11, 2016) Doing business “on your word” and with a hand shake is nothing new. Many businesses trust that those they do business with will treat them fairly and live up to their end of the deal. Unfortunately, that does not always happen and, when a dispute arises, it often comes down to a […]

  • Are Your Arbitration Provisions Enforceable?

    February 8, 2016

    (February 8, 2016) Arbitration is a form of alternative-dispute resolution where an arbitrator, as opposed to a court, decides the dispute between the parties.  Many businesses include arbitration provisions in their contracts, hoping to avoid the time and expense associated with litigating disputes in court. And, time and again, the Michigan Court of Appeals has […]

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