Civil Procedure – Court shifts burden of persuasion to defense as discovery...
Where plaintiff claims defendants overstated corporate expenses to reduce profits to which he is entitled, the jury will be instructed that any corporate expenses are presumptively impermissible...
View ArticleAdministrative Law- Immunity is extended to quasi-judicial bodies
Quasi-judicial immunity is an extension of absolute judicial immunity to non-judicial officers serving in a quasi-judicial adjudicative capacity, including, ascertaining facts and making orders founded...
View ArticleContract — Ambiguity – Conflicting terms
Where a defendant has moved for reconsideration after the plaintiff was granted partial summary disposition, the motion should be denied because the defendant has not satisfied or even cited the...
View ArticleContract — Commissions – First material breach
Where a plaintiff has filed a complaint alleging breach of a mutually exclusive sales agreement, the plaintiff is entitled to declaratory relief because the contract terms at issue are unambiguous, but...
View ArticleContract — Construction Lien Act – Notice of furnishing
Where a plaintiff subcontractor has moved for judgment as a matter of law, summary disposition for the plaintiff under the Construction Lien Act is warranted as to liability despite the defendant’s...
View ArticleContract — Limitations – UCC
Where a defendant has moved for summary disposition on a claim of breach of contract, the motion should be allowed under the four-year statute of limitations set forth in the Uniform Commercial Code.
View ArticleContract — Restaurant services agreement
Where a plaintiff has brought suit over a restaurant services agreement, the complaint should be dismissed because the elements of all of the plaintiff’s claims are heavily dependent upon its key...
View ArticleCorporate — Shareholder meeting – TRO
Where a plaintiff has moved for a temporary restraining order to stop a scheduled special meeting of company shareholders, the motion should be denied because the plaintiff has not demonstrated an...
View ArticleEmployment — Fiduciary duty – Competition
Where a plaintiff wetland consulting contractor has brought suit against the defendant former employees who started a new competitor, the plaintiff’s claims of breach of trust and breach of fiduciary...
View ArticleInsurance — Sewer line replacement – Mitigation
Where the holder of a commercial general liability policy incurred costs of $47,355.21 when it had to reinstall a sewer line after the plaintiff’s subcontractor negligently pumped an excessive amount...
View ArticleLandlord and Tenant — Shooting range – Damages
Where a defendant commercial landlord has moved to dismiss a tenant’s complaint over exterior lighting and paved parking spaces, the motion should be denied despite the landlord’s assertion that the...
View ArticleNegligence — Horse show – EALA
Where a plaintiff was injured while attending a horse show at the Otsego County Fairgrounds, her negligence claim was barred by Michigan’s Equine Activity Liability Act because she was a participant in...
View ArticleContract — Credit card – Account stated
Where a plaintiff that issued a credit card to the defendant has moved for summary disposition on its claim and the defendant failed to object to the amount owing and is in breach of the cardmember...
View ArticleCommercial — Credit Card – Account Stated
Where a plaintiff that issued a credit card has moved for summary judgment on a claim for the amount allegedly owed by the defendant cardholder, the motion should be allowed under MCR 2.116(C)(10), as...
View ArticleCivil Practice — Reconsideration – Untimeliness
Where a defendant has moved for reconsideration of a court order barring the defendant’s rebuttal expert witness, the motion should be denied because it is grossly untimely and because there has been...
View ArticleCivil Practice — Scheduling order – Brief
Where a motion for summary disposition has been filed by the defendants, the motion should be allowed because of the plaintiff’s failure to file a brief before the date set in a scheduling order.
View ArticleCorporate — Books and records – Accounting – Receiver
Where defendants have moved for summary disposition on a claim for books and records, for an accounting and for appointment of a receiver, the motion should be allowed because (1) the plaintiffs have...
View ArticleCorporate — Statute of limitations – Fraudulent concealment
Where a plaintiff corporation has filed a complaint against a defendant who served as a corporate executive, a motion by the defendant for summary judgment on statute of limitations grounds should be...
View ArticleCommercial — Conversion – Avionics equipment
Where a complaint has been filed by the plaintiff aircraft owners asserting claims of common-law conversion, statutory conversion and claim and delivery, those claims must be dismissed because none of...
View ArticleContract — Law firm – Compensation agreement
Where a plaintiff attorney who used to work for the defendant law firm has asserted a claim of breach of contract, the defendant has presented a convincing argument that the affirmative defense of...
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