The Michigan Supreme Court’s ruling in Madugula v Taub, Case No. 146289 (July 15, 2014) is important because the court put to rest any doubt as to whether claims arising under the Shareholder Oppression Statute, MCL 450.1489 of the Michigan Business Corporations Act, are tried to jury.
Specifically, the Supreme Court held that the plain language of §489 expresses no legislative intent to have §489 claims heard by a jury; nor do claimants possess a constitutional right to a jury trial under §489 because, the Supreme Court found, such claims would have been deemed equitable when the Michigan Constitution was adopted.
Lastly, the Supreme Court clarified that the breach of a stockholder’s agreement can be evidence of shareholder oppression under §489.
- Partner
Matthew J. Boettcher is a partner in the firm’s Bloomfield Hills office and a member of Plunkett Cooney’s Commercial Litigation Practice Group. He concentrates his practice in the area of commercial litigation with ...
Add a comment
Subscribe
RSSTopics
- Commercial Liability
- Business Risk Management
- Contracts
- Civil Litigation
- Business Torts
- Standing
- Commercial Real Estate
- Appellate Law
- Alternative Dispute Resolution (ADR)
- Commercial Leasing
- Bankruptcy
- Trade Secrets
- Real Estate
- Litigation Discovery
- Corporate Formation
- Commercial Loans
- Real Estate Mortgages
- Coronavirus
- COVID-19
- Mortgage Foreclosure
- Cryptocurrency
- Regulatory Law
- Risk Management
- Shareholder Liability
- Fraud Activity
- Cyber Attack
- Insurance
- Tax Law
- Damages Recovery
- privacy
- Cybersecurity
- Class Action
- Product Liability
- Pensions
- Biometric Data
- Statute of Limitations
- Banking Law
- e-Discovery
- Noncompete Agreements
- e-Commerce
- Internet Law
- Consumer Protection
- Residential Liability
- Venue
- Zoning and Planning
- Clawback
- Department of Education (DOE)
- Receiverships
- Fair Debt Collection Practices Act
- Fair Credit Reporting Act
- Garnishments
- Unfair Competition
- Uniform Commercial Code (UCC)
Recent Updates
- Dispelling Misconceptions About the Role of Appellate Lawyers at Trial
- What is 'Standing,' and Why Does it Matter in Litigation?
- What Happens When a Court Rules Your Contract is Ambiguous?
- Understanding Michigan’s Successor Liability Law can Protect Your Business Deal
- 10 Things About Trade Secrets you may not but Should Probably Know
- What New Lawyers Bring to the Practice of Law
- What Rights do Limited Liability Company Minority Members Really Have?
- Arbitration or the Courtroom, Who Decides?
- Wait, I Have to Pay my Own Attorney? But I Won the Case?
- Preliminary Injunctions in Michigan, the More They Change the More They Stay the Same