Business Court Update: New Amendments Clarify Business Court Jurisdiction
201711.28
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Business Court Update: New Amendments Clarify Business Court Jurisdiction

Effective October 11, 2017, two amendments to Michigan’s Business Court Statute clarified the definitions and jurisdictional requirements under that statute for claims to be filed in the Business Court. The Legislature modified both MCL 600.8031 and 600.8035, which had the effect of adjusting Business Court jurisdiction through both expansion of power to hear certain claims…

Detroit Bar Association Business/Commercial Litigation Section Invitation
201707.12
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Detroit Bar Association Business/Commercial Litigation Section Invitation

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Friends and colleagues, I was recently appointed chairman of the Detroit Bar Association’s Business/Commercial Litigation Section. The purpose of this section is to address issues important to commercial litigators and promote positive changes to improve the quality of our practices and the services we provide. Membership in the DBA and this section are excellent ways…

Michigan Supreme Court Clarifies Statute of Limitations Periods for  Oppression Claims and When Oppression Claims Accrue
201707.11
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Michigan Supreme Court Clarifies Statute of Limitations Periods for Oppression Claims and When Oppression Claims Accrue

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In Frank v. Linkner (Case No. 151888, May 15, 2017), the Michigan Supreme Court recently clarified when LLC member “oppression” claims accrue and the limitations periods applicable to those claims. The Court held (i) that the limitation periods in MCL 450.4515(1)(e), the LLC “oppression” statute, are statutes of limitation and not statutes of repose, (ii)…

Commercial Non-Competes And Employment Non-Competes – A Distinction With A Difference
201705.04
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Commercial Non-Competes And Employment Non-Competes – A Distinction With A Difference

Commercial litigators are usually familiar with non-compete agreements, which generally restrict a person from engaging in a competing business within a certain geographical area for a certain time period. Michigan Courts have long recognized that these agreements are enforceable if they are reasonable. But in a recent decision the Michigan Supreme Court held that the…

“FIXED BY THE COURT”
201705.04
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“FIXED BY THE COURT”

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In Barton-Spencer v. Farm Bureau Life Ins Co of Michigan, ____ Mich ____ (2014) (Case Nos. 153655 and 153656, April 14, 2017), the Michigan Supreme Court recently held that by signing a contract providing for attorney fees and costs “as may be fixed by the court”, the parties agreed to have the amount of reasonable…