Commercial — Distribution — Default judgment
Where a plaintiff obtained a default judgment entered against a limited liability company, a $50,000 payment from the LLC to the defendant was a capital contribution and therefore voidable under MCL...
View ArticleCivil Practice — Sanctions — Fees
Where plaintiffs who invested in a corporation have filed a complaint to recover damages for their lost investment, the named defendant is entitled to dismissal but not counsel fees, as the plaintiffs’...
View ArticleContract — Forum selection clause
Where a defendant has filed a motion for summary disposition, that motion should be allowed based on a forum selection clause in the parties’ contract. The post Contract — Forum selection clause first...
View ArticleAttorneys — Malpractice — Attorney-judgment rule
Where a plaintiff law firm has moved for summary disposition on a legal malpractice counterclaim asserted by a former client, that motion should be allowed under the attorney-judgment rule. The post...
View ArticleContract — Master service agreement — Separate trials
Where a plaintiff auto manufacturer that entered into a master service agreement has filed a motion for separate trials under MCR 2.505(B), that motion should be denied because the circumstances of...
View ArticleEmployment — Non-competition agreement
Where a plaintiff employee has requested a preliminary injunction against a defendant former employee, that request should be granted because the plaintiff has shown a substantial likelihood of success...
View ArticleCorporate—Ownership interests—Res adjudicata, collateral estoppel
Where a defendant has filed a motion for summary disposition regarding a plaintiff’s ownership interests in two limited liability companies, that motion should be allowed as to one of the LLCs but...
View ArticleContract—Operating agreement— Power plant
Where a court order requires a power company to make necessary capital improvements to a plant in a manner consistent with an operating agreement while litigation remains pending, the company’s...
View ArticleContract—Collateral estoppel
Where a plaintiff in a suit over purchase orders has moved for partial summary disposition, seeking to collaterally estop the defendant from relitigating certain issues that the plaintiff claims were...
View ArticleCommercial—Promissory note—Accord and satisfaction
Where a defendant has moved for summary disposition on a claim alleging breach of a promissory note, that motion should be denied because there is no accord and satisfaction as a matter of law. The...
View ArticleJurisdiction—Long-arm statute—Georgia LLC
Where a plaintiff has filed a complaint to recover the costs incurred while towing a 2019 Kenworth tractor and crane that collided with a bridge, one of the defendants, a Georgia limited liability...
View ArticleInsurance—Fire—Commercial lease
Where a plaintiff insurance company has brought a subrogation action alleging that a fire that damaged insured property was caused by the defendant commercial tenants, the plaintiff is entitled to...
View ArticleArbitration — Non-signatory — Asset purchase agreement
Where a plaintiff brought suit after purchasing a dental practice from the defendant pursuant to an asset purchase agreement, a motion by the defendants to compel arbitration should be allowed even...
View ArticleTort — Conversion — Garnishment
Where a conversion counterclaim has been asserted by a defendant alleging wrongful garnishment and a delay in returning the garnished funds, the plaintiff’s motion for summary disposition should be...
View ArticleLandlord and Tenant—Marijuana grow room—Illegality
Where a plaintiff commercial landlord has filed a complaint alleging rent owed by the defendant tenant, the tenant is not entitled to summary disposition despite arguing that an ordinance enacted by...
View ArticleArbitration—Specific performance—Sanctions
Where a defendant has moved to compel arbitration, that motion should be allowed despite the plaintiff’s argument that he has requested specific performance in his claims for equitable relief. The post...
View ArticleArbitration—Law clerk—Partiality
Where a defendant has filed a motion to confirm an arbitration award, that motion should be allowed despite the plaintiff’s allegation that the arbitrator’s law clerk did not disclose a professional...
View ArticleCorporate—Business judgment rule
Where plaintiffs have asserted claims related to a failed marijuana grow venture, summary judgment should be denied as to a fiduciary duty claim despite the defendants’ argument that the claim is...
View ArticleContract—Commissions—Individual liability
Where a plaintiff has brought a breach of contract action over commissions, the individual defendants are entitled to dismissal because that claim relates to reimbursement by a different defendant. The...
View ArticleCorporate—Fiduciary duty—Marijuana grow venture
Where two defendants have moved for summary disposition on various claims related to a failed marijuana grow venture, that motion should be allowed in part and denied in part, as there are genuine...
View Article
