Don't Bet the Business

Michigan Court of Appeals reverses trial court’s decision not to impose case evaluation sanctions against an indigent party because sympathy towards a party cannot excuse application of the court rules.

So you think your contract is airtight? A court may rule differently due to latent ambiguities in the contract language.

Recent federal appellate court ruling clarifies who decides whether a dispute can be arbitrated. 

Supreme Court rules the standing of pension plan participants can be challenged even if there is evidence of wrongdoing in plan management, when the plan is fully funded.

Under Michigan law, landlords may be able to recover future damages after a tenant vacates leased premises, even if the lease does not include an acceleration clause.

A recent appellate court ruling makes it prudent to take a deeper dive into the issue of minority shareholder oppression claims.

Before agreeing contractually to settle disputes through arbitration, parties will want to consider who will make that call and about which issues.

Michigan Court of Appeals clarifies mortgagor’s right of property redemption, regardless of the manner of foreclosure used.

Whether contracting your kid to mow the lawn at home or executing a multi-million deal, you should probably read this blog post first for some important contract interpretation considerations.

Michigan courts have a range of options to remedy minority owner oppression claims.

Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness.

Ignorance of the terms in a personal guarantee agreement likely won’t save you from paying up under Michigan law.

Think your case is settled and over? Maybe not after this recent federal appeals court ruling involving the legal principle of collateral estoppel.

Breach of contract claims require plaintiffs to prove the contract existed, a breach occurred AND damage resulted, regardless who breached first.

Seemingly cut and dry legal doctrine known as res judicata may not end a legal dispute after all.

Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds.

Your amended pleading may not be allowed under Michigan’s relation back doctrine unless the new claims or defenses relate back to the original pleading date.

Steer clear of inconsistent contract, tort and equitable theories in litigation to position your case for a successful and cost-effective outcome.

When the enforceability of a contract turns on a party’s “good faith,” these are much more than just words.

When it looks like a contract and reads like a contract, is it really a contract? Maybe not!

Requesting a change of venue in litigation can provide strategic and practical advantages.

It can be a real nuisance for lawyers and non-lawyers to get this aspect of the law wrong.

Proper documentation of personal property sales the best defense to a claim of conversion

Wise business owners and members invest up front in well-crafted operating agreements.

Litigation defaults difficult to set aside, easy to avoid with an attorney’s assistance.

Strategic advantage may be gained in contract disputes by deciding early whether to pursue arbitration.

Appellate court ruling allows receivers to sell property even if proceeds fail to compensate junior lien holders.

Michigan law may extend the statute of limitations in cases of fraudulent concealment.

Michigan Supreme Court reaffirms longstanding rules of contract law in arbitration agreements.  

Collection attorneys can now pierce the corporate veil, post judgment, when the corporate form is abused by individuals seeking to avoid legally paying obligations resulting from litigation.

The conversion of money is one of those things lawyers get wrong, particularly in business litigation.

Understanding the rules of gift giving can make the holidays brighter... and legal.

Despite careful review, fraudulent inducements can jeopardize otherwise well-crafted contracts.

When modifying a contract, best practice is to always detail changes in writing with appropriate approvals by all parties.

Caution is advised when reviewing contracts electronically, because that click, reply or e-signature could legally bind you to the deal.

Contracts should use plain English and your lawyer should too.

Integration clauses cannot typically be used to defend against fraud in the inducement claims to invalidate a contract.

Court rules that bank, which accepted a borrower's voluntary payments post-bankruptcy and opted not to foreclose its security interest in the mortgage, did not violate the FCRA by reporting the loan as closed on the borrower's credit report.

The use of clear and simple terms to describe a tenant’s repair and maintenance obligations in a commercial real estate lease can do wonders to avoid misunderstandings and disputes.

Disclosure of the principal in a contract must occur to avoid agency liability.

Protecting customer lists with employee confidentiality and non-solicitation agreements could save your business time, aggravation and money.

Appellate court rules on whether lender can sue to enforce other security in a loan default situation without also foreclosing on the borrower's mortgage.

Fat finger alert: In today's tech driven environment, a simple email acknowledgement could confirm acceptance of dispute resolution terms.

Is your company prepared to defend litigation stemming from an Internet data breach?

Supreme Court rules that only written notice, not a lawsuit, by a borrower is sufficient to rescind a mortgage under the Truth in Lending Act.

Understanding the difference between materiality and relevance may be key to admitting or excluding evidence at trial.

Non-compete agreements can protect one's legitimate business interests, but they must be reasonable in duration and scope and protect against actual competition.

SCOTUS ruling in Countrywide Home Loans case could result in a dramatic change to residential mortgage rescission practice.

Unanticipated expenses or losses might be avoided by a pre-execution review of a commercial lease by a business litigation attorney.

There is no legal or contractual right to a jury trial in shareholder oppression claims.

Limits to the statute of limitations under the UCC must be in a conspicuous writing to be enforceable.

Statutory conversion claims can be brought with Builder’s Trust Fund Act claims.