A version of this article was previously published in the Michigan Defense Quarterly, Vol. 40, No. 3 (2024). There may be times when a party facing an adverse summary disposition decision (whether it be the grant or denial...more
On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan...more
The Michigan Supreme Court has a well-known practice of issuing peremptory orders on pending applications for leave to appeal that decide the application without actually granting leave. Consider this order in DiLuigi v RBS...more
When venue of a civil action is improper, Michigan Court Rule 2.223(A) provides that the court “shall” order a change of venue “on timely motion of a defendant,” or that it “may” order a change of venue “on its own initiative...more
In the recent case of Frank v Linkner, ___ Mich ___; ___ NW2d ___ (2017), the Michigan Supreme Court clarified that a claim for member oppression under Michigan’s Limited Liability Company Act (“LLCA”), MCL 450.4101 et seq.,...more
The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more
It is well established that whether a particular dispute falls within the scope of an arbitration clause depends on the language of the parties’ agreement. In the recent case of Altobelli v Hartmann, the Michigan Supreme...more
Michigan district courts have exclusive subject-matter jurisdiction over civil actions when the “amount in controversy” does not exceed $25,000. So what happens if a plaintiff files a lawsuit in district court seeking damages...more