Evidence – Bank records
Where defendants charged with breaching a non-compete provision in an agreement for the sale of their grocery/liquor store requested a protective order, their motion to reconsider an order denying that...
View ArticleCommercial – Automotive supply contracts
Where a defendant has filed a motion for summary disposition and to dissolve preliminary injunction, that motion should be denied because the parties’ agreements are requirement contracts. The post...
View ArticleReal Property – Sale
Where a plaintiff has moved for summary disposition arguing that it is not liable for breach of a land contract because the defendant breached first by not owning the property it was to sell to the...
View ArticleReal Property – Sale – Specific performance
Where a defendant seller has stipulated to having breached a land contract, specific performance is the proper remedy to give each party the benefit of the bargain without being inequitable. The post...
View ArticleTort – Defamation – Emails
Where defamation counts have been brought over emails sent to owners of condominium units, a motion for summary disposition filed by the defendants should be allowed in part and denied in part....
View ArticleJudges — Suspension
Where a plaintiff has challenged the eligibility of a candidate, the plaintiff should be granted a writ of mandamus because the candidate in 2023 was suspended for six years from serving as a judge....
View ArticleCommercial – Promissory note – Forbearance agreement
Where a plaintiff lender has brought suit alleging breach of a promissory note and forbearance agreement, the plaintiff is entitled to summary disposition based on the defendant’s failure to repay the...
View ArticleContract – Guaranty – Operating agreement
Where a plaintiff brought suit to enforce a guaranty provision in an amended operating agreement, the plaintiff is entitled to summary disposition despite the defendants’ arguments regarding mental...
View ArticleContract — HVAC installation
Where the plaintiff, a commercial cannabis grow facility, filed a complaint after a plumbing failure, the plaintiff’s motion for summary disposition should be denied because there are genuine issues of...
View ArticleLandlord and Tenant — Roof
Where the plaintiff, a commercial tenant, has moved for summary disposition, the motion should be allowed based on the defendant landlord’s failure to keep the roof of the leased premises in good...
View ArticleConstitutional – Abortion
Where three Michigan abortion regulations have been challenged, a request for a preliminary injunction to prevent enforcement of the regulations should be granted as to a 24-hour mandatory waiting...
View ArticleContract – Hospital privileges – Court of Claims Act
Where a breach of contract claim has been brought over the suspension of the plaintiff’s hospital privileges and the resulting reduction in his salary, the defendants are entitled to summary judgment...
View ArticleEvidence – Bank records
Where defendants charged with breaching a non-compete provision in an agreement for the sale of their grocery/liquor store requested a protective order, their motion to reconsider an order denying that...
View ArticleCommercial – Automotive supply contracts
Where a defendant has filed a motion for summary disposition and to dissolve preliminary injunction, that motion should be denied because the parties’ agreements are requirement contracts. The post...
View ArticleContract — Employment – Immigration
Where a plaintiff has filed a breach of contract action against a former employee, the plaintiff is entitled to summary judgment despite the employee’s argument that his employment agreement is void...
View ArticleEmployment — Incentive-based compensation
Where two defendants who used to work for the plaintiff have asserted counterclaims alleging that they are owed incentive-based compensation, the plaintiff is entitled to summary disposition because...
View ArticleNo-Fault Law — Fire truck – Maintenance
Where a defendant has been charged with causing damage to a fire truck’s water tank and pump while servicing it, the defendant’s motion for summary disposition should be denied because a factual issue...
View ArticleContract – Auto parts – Account stated
Where the defendant, a Tier II auto parts supplier that was sued for breach of contract and account stated after it failed to take delivery of and pay for bolts manufactured by the plaintiff, brought a...
View ArticleContract – Email exchange
Where a bench trial has been held concerning a “business divorce,” the plaintiff should be awarded $11,957 on a breach of contract claim. The post Contract – Email exchange first appeared on Michigan...
View ArticleJurisdiction — Venue – Asset purchase agreement
Where a defendant has moved for a change of venue to Benzie County based on a provision in a purchase agreement with the plaintiff, that motion should be denied because venue is proper in Saginaw...
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