Corporate — Merger
Where a counterclaim has been brought against plaintiffs who did not approve of a merger, the plaintiffs are entitled to summary disposition to the extent that the counterclaim alleges breach of...
View ArticleCivil Practice – Scheduling order – Brief
Where a defendant has moved for summary disposition, that motion should be allowed because (1) the plaintiffs have not timely submitted a responsive brief and (2) the defendant did not breach a duty to...
View ArticleContract – Implied covenant
Where a complaint has been filed alleging that the defendants conspired to interfere with the plaintiffs’ right to acquire a municipal license from the city of Auburn Hills to open a cannabis...
View ArticleCorporate — Member oppression — LLC
Where a defendant who served as served as one of the co-managers of a limited liability company has moved for summary disposition, that motion should be allowed because the plaintiff’s member...
View ArticleContract – Additional charges
Where a defendant has moved for partial summary disposition on the plaintiff’s breach of contract claim, that motion should be denied because there are material issues of fact preventing the...
View ArticleEmployment – Non-solicitation and confidentiality agreements
Where a plaintiff has requested a preliminary injunction against two former employees who executed non-solicitation and confidentiality agreements, that request should be granted because the plaintiff...
View ArticleBanks and Banking — Usury – Wrongful conduct rule
Where a dispute over an allegedly usurious loan has been remanded by the Michigan Supreme Court, MCL 438.41 applies to the loan, the loan was facially usurious, a question of fact remains as to whether...
View ArticleContract — Offers – ‘Quote letters’
Where a defendant has moved for summary disposition on a breach of contract claim, that motion should be denied because the plaintiff’s allegations sufficiently allege that “Quote Letters” were offers,...
View ArticleEmployment — Trade secrets
Where a plaintiff has alleged theft of its trade secrets by four former employees, summary disposition should be denied because there are genuine issues of material fact underlying the plaintiff’s...
View ArticleAttorneys – Limitations – Litigation-related services
Where defendants have moved for summary disposition on a plaintiff law firm’s complaint seeking compensation for legal services performed, the complaint is not time-barred, so the motion must be...
View ArticleAttorneys – Referral fees
Where a defendant has moved for summary disposition in a dispute over referral fees, that motion must be denied because the defendant fails to cite the applicable Rule of Court under which the motion...
View ArticleCommercial – Trade secrets – Conspiracy
Where a plaintiff has brought suit against four former employees and a codefendant corporation that now employs them, summary disposition is unwarranted as to trade secrets, but the plaintiff’s civil...
View ArticleContract – Operating agreement – Accounting firm
Where a defendant has moved for summary disposition in a case arising out of the sale of an accounting firm and the subsequent disagreement among the former partners as to how the purchase price should...
View ArticleLandlord and Tenant – Parking spaces – Doctor’s office
Where a plaintiff that operates a doctor’s office in Bloomfield Hills has moved for a preliminary injunction to require the defendants to continue to provide 17 parking spaces, the plaintiff has not...
View ArticleCivil Practice — Reconsideration
Where a receiver’s motion for an order authorizing the sale of real property was allowed, a motion for reconsideration of that order should be denied because there has been no showing of a palpable...
View ArticleDamages — Offer for judgment – Costs and fees
Where a plaintiff alleging breach of contract regarding a roof has requested costs and counsel fees for rejection of an offer for judgment, that request should be granted because the damages to which...
View ArticleCorporate – Fiduciary duties – Insolvency
Where corporate defendants have moved for summary disposition on fiduciary duty claims, that motion should be allowed based on Michigan law holding that officers and directors do not owe an insolvent...
View ArticleContract – Unjust enrichment
Where a supplier has claimed unjust enrichment, the supplier should be awarded $3,483,899.85, as the buyer compelled the supplier to provide a benefit in that amount through erroneously granted court...
View ArticleCivil Practice – Reconsideration
Where a defendant has filed a motion for reconsideration, that motion should be denied because it was filed by an attorney not licensed to practice in Michigan, fails to include […] The post Civil...
View ArticleCivil Practice – Reconsideration
Where a defendant has filed a motion for reconsideration, defendant has failed to demonstrate any palpable error that warrants a different disposition of the underlying motion for summary disposition....
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