One Contract or Two?
When will a Court treat two separate written contracts as a single agreement? In Johandes v Crowell (Click here for a PDF), decided by the Michigan Court of Appeals on …
One Contract or Two? Read MoreAuthor: Mark Demorest
Enforcing the Right of First Refusal
A tenant of real estate often wants the right to purchase the property if the landlord decides to sell. One common technique is to have the landlord grant the tenant …
Enforcing the Right of First Refusal Read MoreTo Quality as a Future Advance Mortgage, Correct Language Must By Included in the Recorded Mortgage
A mortgage has priority over other liens on the property from the date it is recorded with the Register of Deeds. The mortgage can also have priority for amounts advanced …
To Quality as a Future Advance Mortgage, Correct Language Must By Included in the Recorded Mortgage Read MoreSeparate Appeal of Attorney’s Fees and Costs
The Michigan Court of Appeals decided an interesting procedural issue regarding the appeal of post-judgment orders awarding or denying attorney’s fees. In Mossing v. Demlow Products, Inc. (2010), the trial …
Separate Appeal of Attorney’s Fees and Costs Read MoreReligion and Civil Rights Act Exception
The Elliott-Larsen Civil Rights Act (“CRA”), which prohibits discrimination on the basis of race, sex, religion, etc., does not apply to “ministerial” employees of religious organizations. The Michigan Court of …
Religion and Civil Rights Act Exception Read MoreWhen is a License Fee Really an Illegal Tax?
Faced with tighter budgets, Michigan cities and townships are looking for additional ways to raise revenue. Due to the Headlee Amendment, property tax increases are severely restricted. However, a municipality …
When is a License Fee Really an Illegal Tax? Read MoreImportant Supreme Court Decision on Corporate Free Speech
Last week, the Supreme Court issued an important decision on the free speech rights of corporations. The law has long recognized that, just like individuals, corporations are protected by the …
Important Supreme Court Decision on Corporate Free Speech Read MoreMichigan Smoking Ban – Summary of House Bill No. 4377
The Michigan Legislature has passed a bill which bans smoking in almost all indoor public venues. This ban has been in the works for a long time; many other States …
Michigan Smoking Ban – Summary of House Bill No. 4377 Read MoreChallenging an Arbitration Award
Arbitration is often a better choice for the parties than litigation in court, because arbitration is often completed more quickly and with less legal expenses than a lawsuit in court. …
Challenging an Arbitration Award Read MoreStatute of Limitations Set by Contract
Unless the parties agree otherwise, the Statute of Limitations for a breach of contract claim in Michigan is six years. However, the parties may agree by contract to a shorter …
Statute of Limitations Set by Contract Read More