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Channel: Michigan Circuit Courts | Michigan Lawyers Weekly
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Corporate – Investment – Conversion

Where a plaintiff investor has brought conversion claims against a defendant holder of a majority shareholder in a limited liability company, the conversion claims must be dismissed because the...

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Corporate – LLC

Where a plaintiff limited liability company has moved for summary disposition on counterclaims asserted by the defendants, the defendants have failed to state claims for breach of fiduciary duty and...

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Arbitration — Family farm

Where two plaintiffs moved to vacate, or alternatively, to modify an arbitration decision in a family dispute over farming and dairy operations, their motion should be denied because the plaintiffs’...

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Contract — P&S agreement – Deposit

Where a plaintiff seller has moved for summary disposition in a dispute over a purchase and sale agreement, that request must be denied without prejudice because discovery has not closed. The post...

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Contract — Loan agreements

Where plaintiffs have moved for partial summary disposition as to breach of contract, that motion should be allowed because loan agreements were breached. The post Contract — Loan agreements first...

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Contract — Statute of Frauds – Arbitration

Where plaintiffs have moved to vacate an arbitration award, that motion should be denied because the plaintiffs have presented no convincing argument that the arbitrator misapplied the Statute of...

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Contract – Guaranty – Statute of frauds

Where a plaintiff has brought a breach of contract suit against a defendant guarantor, the defendant’s motion for summary disposition should be denied despite his argument that his personal guaranty is...

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Employment – Commissions – Sales representative

Where a defendant, who resigned from her position as the plaintiff’s director of manpower and recruiting, has asserted a counterclaim pursuant to the Michigan Sales Representative Commission Act, the...

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Insurance – Rescission – Misrepresentation

Where motions for summary disposition have been filed in an insurance dispute, those motions must be denied because there are genuine issues of material fact. The post Insurance – Rescission –...

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Contract – Successor liability – Statute of Frauds

Where a plaintiff that was a party to a master development agreement has filed a complaint, the defendant is entitled to summary disposition because the plaintiff has failed to establish that the...

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Jurisdiction – Contract – Purposeful availment

Where a complaint has been filed by a Michigan plaintiff that entered into a contract with a Missouri defendant, the defendant’s motion for summary disposition should be allowed because the exercise of...

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Contract – Unjust enrichment – Subcontract

Where a plaintiff painting subcontractor has filed a complaint against a defendant real estate developer, the defendant is entitled to summary disposition on the plaintiff’s breach of contract claim...

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Jurisdiction – Reassignment – Interpleader

Where a defendant has filed a motion for reassignment to the Oakland County Circuit Court’s General Civil Docket., that motion should be allowed under MCR 8.111(D), as the plaintiff’s claims do not...

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Contract — Good faith and fair dealing

Where a plaintiff has alleged breach of the covenant of good faith and fair dealing, that count must be dismissed because it is not a recognized cause of action in Michigan. The post Contract — Good...

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Contract – Land – Option to purchase

Where a plaintiff has alleged that the defendants committed breach of contract by selling real property instead of pursuing a lease with an option to purchase, the defendants are entitled to summary...

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Contract – Non-compete agreements

Where a plaintiff has alleged that two defendants violated their respective noncompetition agreements, the plaintiffs’ breach of contract count should not be dismissed despite the defendants’ challenge...

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Jurisdiction — Court of Claims – Notice

Where a motion has been filed to dismiss a complaint over a deadly school shooting, that motion must be allowed because the plaintiff did not comply with the notice provision of the Court of Claims Act...

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Attorneys — Fees – Settlement agreement

Where a settlement agreement has been reached in a suit over the purchase of a defective vehicle, fees in the amount of $12,241.90 should be awarded. The post Attorneys — Fees – Settlement agreement...

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Attorneys — Non-client – Personal guaranty

Where a defendant has moved for summary disposition on a fee claim asserted by a plaintiff attorney, that motion should be allowed because the defendant was not the attorney’s client and has not made a...

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Contract — Security services

Where a defendant security firm has moved for summary judgment on a plaintiff’s complaint alleging that thefts occurred as a result of sleeping security guards, that motion should be allowed because...

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