by W. Jay Brown | Aug 27, 2010 | Business Law, Commercial Law, Litigation
This week, the Michigan Supreme Court released its opinion in Shay v Aldrich, (# 138908 released August 23, 2010) and held that sometimes, “all” does not mean “all.” The facts in Shay were straight-forward – a plaintiff settled with two parties in a litigation and...
by W. Jay Brown | Apr 15, 2010 | Business Law
As Michigan law provides some effective remedies and developed common law to govern disputes involving corporations, it is often desirable to apply corporate law principles to limited liability companies. I’ve never seen any reason to treat the entities differently in...
by W. Jay Brown | Mar 5, 2010 | Real Estate Law
If landlords weren’t already convinced about the dangers of self-help, the recently released case of Christie v Fick, (Mich Ct. App. docket # 285924, released March 2, 2010) should make the point very clear. In that case, the plaintiffs were living in a cabin...
by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law, Construction Law
Michigan’s statutory conversion statute (MCLA 600.2919a) used to confine its enhanced remedy to those who were wrongfully in receipt of converted assets. However, as it didn’t make sense to treat the person receiving the assets more harshly than the converter, the...
by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law
For years, commercial litigators have used merger clauses within contracts as a defense to fraud claims. The merger clause can prevent evidence of fraud from being introduced via the parol evidence rule and can also make any alleged reliance “unreasonable.” This has...
