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…