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Author: Michael Hayes

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Oakland County’s Specialized Business Docket Now Operating

July 20, 2012 - by Michael Hayes

On July 2, 2012, Oakland County launched its Specialized Business Docket (“SBD”). The SBD is a pilot program, which will be used to determine if there is sufficient demand for …

Oakland County’s Specialized Business Docket Now Operating Read More
Michael Hayes

No Overtime Pay for Pharmaceutical Salesmen

June 27, 2012 - by Michael Hayes

In a 5-4 decision, the Supreme Court of the United States of America dealt a blow to pharmaceutical salesmen when it ruled that the salesmen were not entitled to overtime …

No Overtime Pay for Pharmaceutical Salesmen Read More
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Michigan Legislature Considering Banning Employers and Schools From Asking For Social Networking Information

June 4, 2012 - by Michael Hayes

Employers, understandably, want to know what their employees are like outside of the workplace. They also want to learn as much about as possible about job applicants. Employees are the …

Michigan Legislature Considering Banning Employers and Schools From Asking For Social Networking Information Read More
Michael Hayes

Court of Appeals: Bank’s Mortgage Ineffective Against Resident With Unrecorded Land Contract

May 29, 2012 - by Michael Hayes

In a recent case, Powell v Romano, the Michigan Court of Appeals ruled that a bank’s mortgage was not valid against a party living on land under a land contract. …

Court of Appeals: Bank’s Mortgage Ineffective Against Resident With Unrecorded Land Contract Read More
Michael Hayes

Michigan Raises Statutory Limits for Small Claims Court

May 23, 2012 - by Michael Hayes - 2 Comments.

Governor Snyder has recently signed legislation changing the Michigan Small Claims Courts maximum jurisdictional amount in controversy from $3,000 to $5,000. The increase will take affect on September 1, 2012. …

Michigan Raises Statutory Limits for Small Claims Court Read More
Michael Hayes

Michigan Supreme Court To Determine Whether Four or Six Year Statute of Limitations Applies to Open Account

May 15, 2012 - by Michael Hayes

The Michigan Supreme Court decided to grant leave to appeal to hear whether the four-year limitations of the Uniform Commercial Code, or Michigan’s general six-year limitations period applies to collections …

Michigan Supreme Court To Determine Whether Four or Six Year Statute of Limitations Applies to Open Account Read More
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Michigan Court of Appeals: No Standing to Challenge Foreclosure After Redemption Period Expires

May 10, 2012 - by Michael Hayes

It is a fundamental concept of American jurisprudence that the plaintiff in a lawsuit must have standing to sue. It protects defendants from having to litigate claims from parties who …

Michigan Court of Appeals: No Standing to Challenge Foreclosure After Redemption Period Expires Read More
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Court of Appeals: One Action Rule Sometimes Prevents Collection on Guaranty

May 2, 2012May 1, 2012 - by Michael Hayes - 1 Comment

Under Michigan law, the one-action rule prohibits mortgage holders from collecting in multiple ways. Under the rule, a mortgagee who forecloses on property may not file another action or proceeding …

Court of Appeals: One Action Rule Sometimes Prevents Collection on Guaranty Read More
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Exceptions To Pre-Judgment Interest

April 25, 2012 - by Michael Hayes

Michigan law provides for the imposition of pre-judgment interest, accruing from the date a lawsuit is filed until a Judgment is paid.  The purpose of allowing pre-judgment interest is to …

Exceptions To Pre-Judgment Interest Read More
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Michigan Court of Appeals: Use Arbitration Agreements In Every Agreement

April 23, 2012April 20, 2012 - by Michael Hayes

Arbitration agreements are generally favored under Michigan law. Court systems favor arbitration because it helps ration scarce judicial resources and is usually less expensive for the parties. In Cohen v …

Michigan Court of Appeals: Use Arbitration Agreements In Every Agreement Read More

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