Detroit Business Law – Resources for Metro-Detroit Businesses
Resources for Metro-Detroit Businesses
In Michigan, attorney fees are generally not recoverable as either costs or damages unless they are expressly authorized by contract, statute, court rule, or a recognized exception. Express authorization means …
The Importance of an Attorney Fee Provision in Contracts Read MoreIn the recent unpublished case, Town Center Flats, LLC v. Shelby Township, the Michigan Court of Appeals held that courts are authorized to enforce deed restrictions on property, but townships are not. …
Townships Not Authorized to Enforce Deed Restrictions Read MoreNon-compete agreements are used in employment contracts to restrict the ability of employees to work for a competitor after the employment relationship ends. Non-compete agreements protect the employer’s legitimate interests …
Research Gives New Insight on Non-Compete Agreements in Employment Contracts Read MoreParties to a contract may agree in that contract to arbitration. Where a valid arbitration agreement is found in a contract, the parties must first bring any legal claims they …
Court of Appeals Rejects “Contagion Theory” of Arbitration – Can’t Be Forced To Arbitrate Claims You Did Not Agree to Arbitrate Read MoreIdeally, the terms of an agreement will be found in one-concise writing, where the parties’ intentions and responsibilities are clear. However, ideal situations do not always occur, and sometimes (either …
Consistency Key When Multiple Documents Make Up Agreement Read MoreThe Court of Appeals, in its unpublished opinion in Tuscany Grove v. Gasperoni (June 24, 2014), affirmed the lower court’s dismissal of claims by a condominium association against one of …
Organizations Required to Follow Bylaws in Bringing Lawsuit Read MoreShareholders controlling a corporation have an obligation not to abuse their control to the detriment of minority shareholders. In Michigan, these minority shareholders are protected by the Shareholder Oppression Statute …
Michigan Supreme Court Clarifies Rules for Fighting Shareholder Oppression Read MoreThe Michigan Court of Appeals, in a recent unpublished case, affirmed a trial court’s holding that contracts may be construed against the drafter where there is an ambiguity in the …
Being The Writer of a Contract May Have Consequences If Conflict Arises Read MoreThe Plaintiff in the recent unpublished Michigan Court of Appeals decision Fraki v. Fraki shared a joint tenancy with right of survivorship in certain property with his mother. A joint …
Interest in Joint Tenancy with Right of Survivorship Transferable; Lack of Notarization on Deed Will Not Necessarily Defeat Transfer Read MoreIn an unpublished opinion, the Michigan Court of Appeals held that a promissory note for $400,000 that had been transferred to Plaintiffs was not enforceable because the transfer had been …
Photocopy of Promissory Note Will Not Work to Transfer Interest Read More