If you’re going to sue somebody, make sure you didn’t first violate the agreement, and if you’re going to make a claim for damages, make sure you can establish them with reasonable certainty. These are the two important concepts addressed in Accredited Home Care vs. Champion Nursing Care. Read More
I know, I know. People like to complain about their lawyer almost as much as about a Used Car Dealer. Unfortunately for the profession, this case justifies these complaints.Read More
This important blog post takes a look at a critical cyber insurance case affecting Michigan businesses. This case ultimately went to the Sixth Circuit Federal Court of Appeals. This court case is a solid reminder to review your cyber insurance policy before it’s too late.Read More
Sometimes, the presumed liability shield of an LLC and a corporation doesn’t help and YOU can be held personally liable for the debts of a company. This was proven in a recent Michigan Court of Appeals case, Bryant v Horatio Williams and Hattie Williams-Fields.Read More
Compliance with IRS and Department of Labor regulations governing 401(k) Plans is filled with landmines and traps for the unwary. Here are six easy ways you can screw up your own 401(k) plan and, if you’re a plan fiduciary, be personally liable for all the costs and expenses related to the problems.Read More
Benteler Automotive Corporation v. Wellington Industries, Inc.: This case stresses the importance of a well-crafted settlement agreement. More than 95% of all lawsuits filed never go to trial, they’re usually dismissed or settled out of court. Of course, a settlement is not always the perfect resolution, but an even worse resolution is when the settlement...Read More
Let’s take a look at a Michigan case of an ex-employer enforcing a non-competition agreement. This one may hit close to home as it involved two local swim schools, Goldfish Swim School and Aqua-Tots. I’m sure you’ve heard of at least one of them, or noticed them popping up everywhere. They’re very popular indoor swim schools that focus...Read More
Those silly warranty provisions. You see them all the time in contracts where a seller of goods or services has language, usually in ALL CAPS AND BOLD, that essentially says “yea, I sold this this stuff, but I’m not promising that it really does what it’s supposed to do or what you want it to...Read More
Rubin Trevino hired an attorney to sue Lee Siler and Saginaw County, for injuries Trevino suffered in an automobile accident with Siler (who was driving a truck while working for Saginaw County). Trevino’s attorney urged him to settle the case for the amount awarded at mediation, $100,000. Trevino resisted, saying he wanted more information about...Read More
In my never ending obsession with arbitration clauses, the Michigan Court of Appeals added more fodder in the recent case of Shaya vs City of Hamtramck. In this case, the Court of Appeals, again, interpreted the Michigan Arbitration Act (MAA). This act succinctly states that the parties can agree to arbitrated dispute if: (1) the...Read More
