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...
View ArticleCorporate – 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...
View ArticleArbitration — 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’...
View ArticleContract — 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...
View ArticleContract — 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...
View ArticleContract — 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...
View ArticleContract – 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...
View ArticleEmployment – 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...
View ArticleInsurance – 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 –...
View ArticleContract – 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...
View ArticleJurisdiction – 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...
View ArticleContract – 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...
View ArticleJurisdiction – 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...
View ArticleContract — 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...
View ArticleContract – 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...
View ArticleContract – 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...
View ArticleJurisdiction — 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...
View ArticleAttorneys — 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...
View ArticleAttorneys — 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...
View ArticleContract — 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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