Minority Oppression Statutes of Limitation/Repose
201505.05
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Minority Oppression Statutes of Limitation/Repose

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Suppose you represent a minority member of a limited liability company who believes that the majority member (who is also the managing member) had the company enter into a series of transactions that enriched herself at the expense of your client. Your client also tells you that he sustained the damages earlier this year, even…

Michigan Court Of Appeals Recently Reaffirms: Loans And Guarantees Are Separate Contracts That Can Be Pursued In Separate Actions, Unaffected By Compulsory Joinder Rules
201503.27
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Michigan Court Of Appeals Recently Reaffirms: Loans And Guarantees Are Separate Contracts That Can Be Pursued In Separate Actions, Unaffected By Compulsory Joinder Rules

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The Michigan Court of Appeals, in a recent published decision, reaffirmed the principle that a personal guaranty of a loan is a separate and distinct contract from the loan itself with separate and distinct remedies. So, just because a lender has sued a borrower and guarantor, does not mean that the lender has to ask…

The Burden of Proving the Burden of Proof
201404.07
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The Burden of Proving the Burden of Proof

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We all know that the default burden of proof standard in civil cases is the “preponderance of evidence” standard. In explaining this standard to a jury, many of us resort to the proverbial tipping of Lady Justice’s scales. We also know that fraud claims require proof by the higher “clear and convincing” standard. Imitations of…

Business Court Update – Business Court Opinions Available Online
201402.14
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Business Court Update – Business Court Opinions Available Online

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As we have discussed in our previous posts, on June 3, 2013, the Business Court Act became effective. That Act requires Michigan circuit courts with 3 or more judges to create a separate “business court” to handle commercial cases, with certain judges from these courts being assigned to preside over these cases. One of the Legislature’s…

Oakland County Business Court Update: Accounting Malpractice Actions Are Not “Business Or Commercial Disputes”
201401.20
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Oakland County Business Court Update: Accounting Malpractice Actions Are Not “Business Or Commercial Disputes”

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In a prior article, we discussed the implementation of the new Oakland County business court under the business court act – MCL 600.8031, et seq. (the “Act). We also discussed the types of cases that are, and are not, “business or commercial disputes” that must be filed in the business court. Since our last article, we have filed several…

The Oakland County Business Court: A Court Within A Court
201309.05
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The Oakland County Business Court: A Court Within A Court

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On June 3, 2013, Public Act 333 of 2012 (the “Act’) took effect in Michigan. The Act requires Michigan circuit courts with three or more judges to create a separate “business court” to handle commercial cases, with certain judges from these courts being assigned to preside over these cases. The Michigan legislature established the new…

No License? No Luck! Tools of the Trade.
201304.27
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No License? No Luck! Tools of the Trade.

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A party may be owed money for services they performed, however, if they do not have the proper license for their field of practice, they may be out of luck. Michigan’s Occupational Code (the “Code”) requires a license to engage in many professions (barber, cosmetologist, architect, real estate broker, residential building contractor). If a person…