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Court Decisions

Attorney / Court Decisions / Real Estate Law

Breaking: Saurman Reversed

November 16, 2011July 3, 2012 - by Melissa Demorest LeDuc, Attorney

The Michigan Supreme Court this afternoon issued a short (two page) Order that reversed the Court of Appeals opinion in Residential Funding Co. v Saurman, which I discussed previously. The …

Breaking: Saurman Reversed Read More
Attorney / Court Decisions / Legal Updates

Court of Appeals Interprets the Judgment Lien Creditor Act

November 30, 2010February 22, 2014 - by Melissa Demorest LeDuc, Attorney

A recent case decided by the Michigan Court of Appeals addressed the issue of whether a “judgment lien survives and can be foreclosed on after the judgment debtor’s conveyance of …

Court of Appeals Interprets the Judgment Lien Creditor Act Read More
Attorney / Court Decisions / Real Estate Law

Failure to Disclose Environmental Contamination Can Void the Sale or Lease of Property

November 3, 2010February 22, 2014 - by Melissa Demorest LeDuc, Attorney

In 1031 Lapeer L.L.C. v. Rice, the defendant sought to lease a gas station to the plaintiff for a period of ten years.  The defendant knew that the property was …

Failure to Disclose Environmental Contamination Can Void the Sale or Lease of Property Read More
Court Decisions / Legal Updates

Michigan Court of Appeals Defines the Word “Reimburse” Broadly

October 25, 2010February 22, 2014 - by Melissa Demorest LeDuc, Attorney

What does the word “reimburse” mean? That was the issue recently decided by the Michigan Court of Appeals, in Grosse Isle Twp. V. Grosse Isle Bridge Co. In this case, …

Michigan Court of Appeals Defines the Word “Reimburse” Broadly Read More
Court Decisions / Legal Updates

Case Evaluation Sanctions and the Interest of Justice Exception

October 20, 2010February 22, 2014 - by Melissa Demorest LeDuc, Attorney

Case evaluation is a process in Michigan to attempt to settle cases before trial. The court rules require the parties to submit written and oral statements of their positions to …

Case Evaluation Sanctions and the Interest of Justice Exception Read More
Court Decisions / Legal Updates

Jury Selection – Judge’s Attempt to Ensure Racially Proportionate Jury Found Invalid

August 30, 2010February 22, 2014 - by Melissa Demorest LeDuc, Attorney

A $14.9 Million verdict was recently overturned by the Michigan Supreme Court.  The Supreme Court determined that there was error on part of the trial judge in the jury selection …

Jury Selection – Judge’s Attempt to Ensure Racially Proportionate Jury Found Invalid Read More
Court Decisions / Employment Law / Legal Updates

Court of Appeals Erodes Worker’s Compensation Exclusive Remedy Provision

June 23, 2010 - by Melissa Demorest LeDuc, Attorney

The Michigan Worker’s Disability Compensation Act  (WDCA) was created in order to ensure that employees injured on the job would receive compensation for their injuries, while at the same time …

Court of Appeals Erodes Worker’s Compensation Exclusive Remedy Provision Read More
Attorney / Court Decisions / Mark Demorest

What Are the Duties of the Insurance Agent Regarding Coverage and Premiums?

May 20, 2010 - by Mark Demorest

The Michigan Court of Appeals has just issued a ruling that describes the duties and responsibilities of not only insurance agents, but also the insured. In General Agency Company v. …

What Are the Duties of the Insurance Agent Regarding Coverage and Premiums? Read More
Attorney / Court Decisions / Mark Demorest

One Contract or Two?

May 12, 2010 - by Mark Demorest

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 More
Attorney / Court Decisions / Mark Demorest

New Calculation of Interest Rates on Judgments

May 6, 2010 - by Melissa Demorest LeDuc, Attorney - 1 Comment

The Michigan Court of Appeals has issued a decision that changes the way interest is calculated on every single Judgment issued by a Michigan Court.  Under Michigan Law, interest accrues …

New Calculation of Interest Rates on Judgments Read More

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