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Byline: correye.stephenson An accounting malpractice claim was not time-barred because of a continuing professional relationship, a divided panel of the Michigan Court of Appeals has ruled, reversing summary disposition. Philip [...]

Byline: Kelly Caplan The Michigan Supreme Court has denied leave in a long-running dispute over beach access. In Bloomquist v. DePree (MiLW 08-107799), a Michigan Court of Appeals panel held [...]

Byline: CORY LINSNER A trial court abused its discretion when it ordered reformation of a woman's insurance policy rather than rescission, the Michigan Court of Appeals has held in a [...]

Byline: Kelly Caplan A bachelor party attendee who was injured in a golf cart crash at a northern Michigan resort failed in his bid to have the Michigan Supreme Court [...]

Byline: correye.stephenson An engineering student could bring a sexual harassment claim against her former university and her physical resistance to her advisor's sexual advances constituted opposition under Title VII, a [...]

Byline: Kelly Caplan The Michigan Supreme Court has denied leave in a dispute between a businessman and an online payments company. The ruling leaves intact an appeals court decision that [...]

As readers of this blog no doubt are aware, clients sometimes take a ôshoot first, ask questions laterö approach during the early stages of litigation. This is especially true when [...]

Litigation is a notoriously expensive and lengthy process, however, parties to litigation have options available to apply to the Court to make an early decision if they think their opponent's [...]

Introduction In a recent case from the Arizona Court of Appeals, the Court affirmed a grant of summary judgment in favor of a settlement/escrow agent, finding no breach of duty [...]

In the case of Lotts v NMI Durban South Motors (Pty) Ltd t/a Barons Belville, the Western Cape Division of the High Court of South Africa, Cape Town had to [...]

Earlier this month, the U.S. District Court for the Northern District of California ruled in favor of Marc Jacobs and its retailers, refusing to grant summary judgment to Korean luxury [...]

Byline: CORY LINSNER The Court of Appeals has approved for publication a June 2024 opinion that said a medical provider was entitled to recover PIP benefits under the no-fault act [...]

Byline: CORY LINSNER A retaliatory discharge claim brought on public policy grounds is not preempted by state statutes with antiretaliation provisions and associated remedies, the Michigan Supreme Court has held [...]

Byline: CORY LINSNER A new roof installed on an existing commercial building was "new construction" and therefore was an "addition" as defined by statute and the Michigan Constitution, the Michigan [...]

Byline: Nick Hurston An attorney-in-fact who exercised a general power of appointment by amending her mother's trust was clearly prohibited from doing so by the terms of the trust agreement, [...]

Byline: Kelly Caplan The Michigan Supreme Court has left undisturbed a Court of Appeals ruling that said summary disposition was appropriate for all defendants in a case where a 3-year-old [...]

Byline: CORY LINSNER A divided Michigan Court of Appeals panel said a lower court erred when it denied the Department of Natural Resources' motion for summary disposition after a catastrophic [...]

Luv N' Care, Ltd. and Nouri E. Hakim v. Lindsey Laurain and Eazy-PZ, LLC, Nos. 2022-1905, 2022-1970 (Fed. Cir. April 12, 2024) addressed several issues, including: (1) what evidence of [...]

Defendants sometimes bring summary judgment motions seeking to dismiss an action because it is statute barred. If the motion is successful, the action is dismissed, and the order is final. [...]

Summary judgment is a powerful procedural tool that, among other things, permits a defendant to bring a motion to dismiss an action at an early stage of proceedings on the [...]

Byline: Kelly Caplan The Michigan Supreme Court denied leave in a case where a divided Michigan Court of Appeals panel affirmed a lower court's ruling that excluded statements a prior [...]

Byline: Kris Olson The Appeals Court has revived part of a case brought by a patient who alleges her dentist broke her tooth when she rebuffed his sexual advances, but [...]

Byline: Eric T. Berkman The 1st U.S. Circuit Court of Appeals has revived a former Whole Foods employee's claim that she was unlawfully terminated in retaliation for protected oppositional behavior [...]

Byline: CORY LINSNER A trial court improperly struck an injured woman's expert witness in meteorology in a slip and fall case, a Michigan Court of Appeals panel has held, reversing [...]

Byline: Mass. Lawyers Weekly Staff Where a civil rights suit was filed over a fatal shooting by law enforcement officers, a grant of summary judgment to the officers should be [...]

Byline: Kelly Caplan The Michigan Supreme Court will take a look at a dispute between siblings over shares of a family-run ski resort launched by their late father. Kathryn Kircher [...]

Byline: CORY LINSNER A district court correctly held that an employer implicitly waived its arbitration right due to the extensive discovery it underwent over a seven-month period without ever mentioning [...]

Byline: CORY LINSNER A Michigan Court of Appeals majority has affirmed dismissal of an injured tenant's statutory claims against her landlord despite arguments that fact questions about whether the algae-covered [...]

Byline: Jason Boleman The Court of Appeals of Virginia has reinstated a negligence suit against two Spotsylvania County police officers filed by a man who attempted to take his own [...]

Byline: CORY LINSNER A Michigan Court of Appeals panel has again affirmed summary disposition for the defendant homeowner on an injured guest's premises liability claim on remand from the Michigan [...]

Byline: Correy E. Stephenson A member of The Romantics lost his challenge to an order granting summary disposition in favor of another band member and the band's corporation and requiring [...]

Byline: CORY LINSNER Summary disposition for an online payments company was appropriate because its failure to provide a businessman with a notice-of-dispute form had no bearing on the parties' contractual [...]

Byline: Pat Murphy A federal judge has decided that plaintiffs in multidistrict litigation over claims that the anti-nausea drug Zofran caused birth defects must pay GlaxoSmithKline $429,000 for costs incurred [...]

Byline: CORY LINSNER A special relationship did not exist between a man confined to a wheelchair who was injured during transport and the broker that made the travel arrangements, a [...]