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All payments received under breached settlement agreement must be returned under Michigan’s “tender back” rule before party may proceed with lawsuit of released claims

- by Demorest Law Firm

Recently, the Michigan Court of Appeals in Giba Yob v. Sid Smith and John Van Fossen et al, Docket No. 339607 (May 15, 2018) affirmed the trial court’s dismissal of …

All payments received under breached settlement agreement must be returned under Michigan’s “tender back” rule before party may proceed with lawsuit of released claims Read More
Court Decisions / Litigation

Res judicata does not bar a second suit if a continuing course of wrongful conduct gives rise to a new cause of action

- by Demorest Law Firm

The Michigan Court of Appeals recently held in Jones v. Westminster, that the doctrine of res judicata does not bar a second suit if a continuing course of wrongful conduct …

Res judicata does not bar a second suit if a continuing course of wrongful conduct gives rise to a new cause of action Read More
Court Decisions / Litigation / Real Estate Law

When deciding the scope of an ambiguous easement, the Courts may look to the historical use of the easement

- by Demorest Law Firm

In a recent unpublished opinion, the Michigan Court of Appeals dealt with a case in which an express easement was used for transporting heavy drilling equipment to construct an oil …

When deciding the scope of an ambiguous easement, the Courts may look to the historical use of the easement Read More
Court Decisions / Litigation

Defendant must show adequate alternative forum before trial court may dismiss a case for forum non conveniens

- by Demorest Law Firm

The Sixth Circuit Court of Appeals recently ruled in Abramge v. Stryker, that a federal district court’s dismissal of a lawsuit for forum non conveniens was improper. Associação Brasileira De …

Defendant must show adequate alternative forum before trial court may dismiss a case for forum non conveniens Read More
Court Decisions / Litigation / Property Tax

Michigan Court of Appeals rules that contractors may avoid liability for injuries caused by “open and obvious” hazards on property

- by Demorest Law Firm

The Michigan Court of Appeals recently held in  Finazzo v. Fire Equipment Co., that the “open and obvious” defense to premises liability claims is available to contractors who are sued …

Michigan Court of Appeals rules that contractors may avoid liability for injuries caused by “open and obvious” hazards on property Read More
Contracts / Court Decisions / Employment Law / Legal Updates

United States Supreme Court rules that arbitration agreements that bar class and collective actions are enforceable

- by Demorest Law Firm

Earlier this week, the United States Supreme Court issued its opinion in Epic Systems Corp v. Lewis, finding that arbitration agreements that require individualized arbitration between employers and employees, as …

United States Supreme Court rules that arbitration agreements that bar class and collective actions are enforceable Read More