More Changes In Receivership Law — The New Uniform Commercial Real Estate Receivership Act
201811.07
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More Changes In Receivership Law — The New Uniform Commercial Real Estate Receivership Act

This year the Michigan Legislature joined the Michigan Supreme Court in revising the state’s approach to receiverships.  For many years, receiverships have been equitable creatures, controlled by the trial courts, with only minimal guidance from the governing statutes and court rules.  The Michigan Supreme Court started changing this landscape with its expansion of MCR 2.621…

Combatting Overbroad Discovery Requests On Third-Parties – The Sixth Circuit Stands Up To Discovery Abuse
201807.25
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Combatting Overbroad Discovery Requests On Third-Parties – The Sixth Circuit Stands Up To Discovery Abuse

The next time you receive a subpoena with an attached schedule requesting seven categories of “communications, material, or electronically stored information” that relates to an individual or entity for some five-year period and even includes its own definitions of words like “communication” and “relate,” you may have a handy response to add to your list…

Michigan Supreme Court Holds Mediation Fee is a Taxable Cost
201807.24
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Michigan Supreme Court Holds Mediation Fee is a Taxable Cost

Michigan courts increasingly use alternative dispute resolution procedures (“ADR” for short) in an effort to resolve civil cases. In fact, MCR 2.410(A)(1) provides that “[a]ll civil cases are subject to alternative dispute resolution”, which the rule defines as: “any process designed to resolve a legal dispute in the place of court adjudication, and includes settlement…

Just What Is A “Reasoned Award” In The Context Of An Arbitration Agreement And What Happens If The Arbitrator Does Not Give A Reasoned Award?
201805.16
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Just What Is A “Reasoned Award” In The Context Of An Arbitration Agreement And What Happens If The Arbitrator Does Not Give A Reasoned Award?

Often times in private arbitration agreements – especially those reached after a conflict has arisen between the parties – the parties will agree that any decision by an arbitrator must include a “reasoned award.”  But just what constitutes a reasoned award and what happens when an arbitrator does not provide a reasoned award?  Neither the…

JUST WHAT IS A “REASONED AWARD” IN THE CONTEXT OF AN ARBITRATION AGREEMENT, AND WHAT HAPPENS IF THE ARBITRATOR DOES NOT GIVE A REASONED AWARD?
201803.19
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JUST WHAT IS A “REASONED AWARD” IN THE CONTEXT OF AN ARBITRATION AGREEMENT, AND WHAT HAPPENS IF THE ARBITRATOR DOES NOT GIVE A REASONED AWARD?

Often times in private arbitration agreements — especially those reached after a conflict has arisen between the parties — the parties will agree that any decision by an arbitrator must include a “reasoned award.” But just what constitutes a reasoned award, and what happens when an arbitrator does not provide a reasoned award?  Neither the Michigan Supreme…

“WELL, I DECLARE!” – OF AFFIDAVITS AND DECLARATIONS
201801.22
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“WELL, I DECLARE!” – OF AFFIDAVITS AND DECLARATIONS

Attorneys often find themselves in need of an affidavit or sworn testimony on a particular issue. For litigators, this commonly occurs with dispositive motions, motions seeking an injunction or other matters for which our clients bear a burden of proof.  Obtaining an affidavit presents its own challenges, as under Michigan law the person signing the…