Criminal Law – Joint representation of defendants was not conflict of interest
Defendants are not entitled to a new trial based on their joint representation by a single attorney. There is no showing of an actual conflict of interest or actual prejudice. Further, they repeatedly...
View ArticleEmployment – Liquidated damages is remedy for breach of non-compete agreement
A liquidated damages clause in the parties’ non-compete agreement precludes plaintiff’s request for injunctive relief for defendant’s alleged breach of the agreement. Background Defendant Eric Inch was...
View ArticlePersonal Injury – Defendant owed duty to child injured in foot race
Where plaintiff’s child was injured in a foot race after defendant invited him to participate, defendant is not entitled to summary disposition. Defendant assumed a legal duty of ordinary care, and a...
View ArticleEmployment – Former employees enjoined from soliciting plaintiff’s clients
Even though only one of the three individual defendants is currently bound by an enforceable noncompetion agreement, all three are enjoined from soliciting plaintiff’s clients so long as all three...
View ArticleGovernmental Immunity – Contribution claim against governmental entities...
Governmental immunity bars a road contractor’s contribution claim against governmental entities for repair of a sanitary sewer. Background While working on a road project, plaintiff L.W. Lamb damaged...
View ArticleBusiness Law – Plaintiff prevails on commercial contract and account-stated...
In this commercial payment dispute, Plaintiff will be granted summary disposition on its breach-of-contract and accounted-stated claims against the corporate defendant. Background Defendant, James...
View ArticleBusiness Law – Claims against individual defendants survive summary disposition
The court will dismiss, in part, plaintiff’s claims as an individual and as a corporation’s assignee, which allege that defendants are liable for financial improprieties. Overview The defendants in...
View ArticleBusiness Law – Defendant can amend answer in effort to limit damages
Plaintiff is granted summary disposition as to defendant’s liability for breach of contract. However, defendant will be allowed to amend its answer to assert two new affirmative defenses, which could...
View ArticleBusiness Law – Third-party interference claim against plaintiff’s agent...
Defendant cannot bring a third-party claim for tortious interference with a contract against plaintiff bank’s agent after she advised the bank to sue defendant for breaching a short-sale agreement....
View ArticleBusiness Law – Failure to furnish commission agreement dooms contract claim
A listing broker is entitled to summary disposition of plaintiff’s claim for an unpaid commission. There is no way to evaluate plaintiff’s third-party beneficiary claim without a copy of the commission...
View ArticleBusiness Law – Breach of bailment claim involving stolen motor home goes to...
In this insurance subrogation action, a jury must determine whether a motor home stolen from defendant’s premises was covered by a contract of bailment, and whether the bailment was breached when...
View ArticleEmployment – Nonsolicitation clause enforced with narrow preliminary injunction
Plaintiff’s nonsolicitation agreement with defendant is best enforced with an injunction preventing plaintiff from contacting his former customers with respect to products and services provided by...
View ArticleBusiness Law – Confidential business information claim turns on witness...
Where a sales representative left plaintiff, began working for a competitor and later returned to plaintiff’s employ, plaintiff is not entitled to expanded injunctive relief to prevent the competitor...
View ArticleBusiness Law – Defendant retains limited right to make and sell tortilla chips
Defendant is enjoined from selling tortilla chips made with plaintiff’s recipe at any location other than his restaurant. Further, he cannot use a name he trademarked to mass-market tortilla chips of...
View ArticleBusiness Law – Injunction lets defendant service some of former employer’s...
Plaintiff’s former employee is bound by a noncompetition agreement but he may do business with several clients he “poached” from plaintiff.
View ArticleBusiness Law – Setoffs denied in breached commercial lease dispute
The individual defendant will be held personally liable after the corporate defendant defaulted in this case involving breach of a commercial lease.
View ArticleEmployment – Parties dispute which contract controls commission payments
Plaintiff’s claim for unpaid sales commissions cannot be resolved by summary disposition because there is a dispute concerning which of two contracts defines defendant’s obligation to pay the commissions.
View ArticleCivil Procedure – No relief from default for failing to attend settlement...
Defendants’ offered reason for failing to attend a settlement conference — a scheduling error — is not good cause to set aside a default order for failing to attend the conference.
View ArticleCivil Procedure – Counterclaims dismissed as untimely under parties’ contract
Where plaintiff’s quote to sell blueberries to defendant provided that the quote was “Subject to Seller’s Terms and Conditions,” those terms and conditions apply even though they were not attached to...
View ArticleCivil Procedure – Defendant’s business deal with plaintiff established...
A defendant’s signature on an exclusive licensing agreement with plaintiff, a Michigan business, constitutes doing business in Michigan for purposes of asserting limited personal jurisdiction over...
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