Contract—Commissions—Sales
Where a defendant has filed a motion for summary disposition seeking dismissal of a complaint’s Michigan Sales Representative Commission Act claim, that motion must be denied as premature. The post...
View ArticleCommercial—Trade secret—Manufacturing process
Where the defendant, a concrete step manufacturing business, has moved for summary disposition on a plaintiff’s complaint, that motion should be allowed as to a breach of contract count but denied as...
View ArticleContract — Purchase orders – Preliminary injunction
Where a plaintiff has moved for a preliminary injunction to require a defendant to continue supplying a chemical compound pellet product, that motion should be denied because the plaintiff has failed...
View ArticleLandlord and Tenant — Exclusivity provision – ‘Retail’ space, ‘office’ space
Where a plaintiff commercial tenant has alleged that the defendant landlord breached the exclusivity provision contained in the parties’ lease, the language used in the lease does not clearly express...
View ArticleArbitration – Stock purchase agreement
Where plaintiffs have moved to compel arbitration, that motion should be allowed based on a mandatory arbitration provision in the parties’ stock purchase agreement. The post Arbitration – Stock...
View ArticleCivil Practice — Default judgment
Where defendants have moved to set aside default judgment, that motion should be denied despite the defendants’ argument that service was defective, that the complaint was untimely and that an award of...
View ArticleCivil Practice – Default judgment – Conversion
Where a plaintiff has filed a motion for entry of default judgment, a judgment should enter against the defendant in the amount of $30,600. The post Civil Practice – Default judgment – Conversion first...
View ArticleContract — Promissory estoppel
Where a defendant has asserted a promissory estoppel counterclaim, the plaintiff should be granted summary disposition because the defendant has failed to allege a clear and definite promise. The post...
View ArticleContract Rescission – Sales order
Where a plaintiff has requested a declaratory judgment that rescinds an agreement to purchase cannabis extraction equipment, the defendant’s motion for summary disposition must be denied because the...
View ArticleCorporate — Derivative claims
Where a motion for summary disposition has been filed by defendants claiming that the claims asserted by the plaintiff are derivative, that motion should be allowed as to Count I. The post Corporate —...
View ArticleLandlord and Tenant — Exclusivity provision
Where a plaintiff commercial tenant has alleged that the defendant landlord violated the exclusivity clause in the parties’ lease, the tenant’s request for a preliminary injunction should be denied....
View ArticleDamages – Lost profits – Expert evidence
Where a defendant has filed a “Motion to Strike Testimony on Issue of Damages and Lost Profits,” that motion should be denied because the plaintiff is not a new business, so the plaintiff is allowed to...
View ArticleArbitration – Settlement agreement – Non-party
Where defendants have moved to compel arbitration, that motion should be denied because (1) the parties’ buyout agreement does not contain an arbitration clause and (2) the defendant is not bound by an...
View ArticleContract – Covenant not to compete – P&S agreement
Where a plaintiff has alleged a violation of a non-competition covenant in a purchase and sale agreement, there is no merit to the defendant’s contention that the covenant did not apply to a marijuana...
View ArticleContract – Statute of fraud – Specialty goods
Where a third-party defendant, which supplied bolts for use in a “cup and bolt” assembly for use in motor vehicles, has moved for summary disposition on a breach of contract claim, that motion must be...
View ArticleContract — Snow and ice management services
Where a plaintiff entered into five contracts with a defendant to provide snow and ice management services, the plaintiff is entitled to summary disposition relating to the undisputed unpaid amount of...
View ArticleCorporate — Stock purchase agreement – Marijuana
Where a plaintiff has brought suit under a stock purchase agreement, the defendant’s motion for summary disposition should be allowed in part and denied in part, as the defendants did not breach the...
View ArticleLandlord and Tenant — Commercial lease – Damages
Where a settlement agreement has been reached regarding a commercial lease, damages in the amount of $386,938.44 should be awarded. The post Landlord and Tenant — Commercial lease – Damages first...
View ArticleCorporate — Class certification – Shareholders
Where a motion for class certification has been filed in a shareholder suit over a merger, that motion should be allowed because the named plaintiffs have common interests with unnamed class members...
View ArticleContract — Florida law
Where a defendant has moved for summary disposition under applicable Florida law, that motion should be allowed in part and denied in part. The post Contract — Florida law first appeared on Michigan...
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