by W. Jay Brown | Jan 31, 2011 | Business Law, Commercial Law, Litigation
The statutory money judgment interest rate in Michigan is at a new low – – 2.553% as of January 1, 2011. With this paltry statutory rate, the inquiry of the applicable judgment interest rate takes on added importance. If you are defending a judgment...
by W. Jay Brown | Nov 17, 2010 | Commercial Law, Litigation
Like many attorneys, I’ve experienced the uncomfortable feeling of being blindsided by a previously unknown fact that a client should have told me being raised in litigation. The recent opinion issued by the Michigan Court of Appeals in Food Solutions Inc v...
by W. Jay Brown | Sep 23, 2010 | Business Law, Commercial Law
It’s becoming an all-too-familiar fact pattern: a former spouse loses his business and is uncollectable/bankrupt leaving the bank to look to the former spouse for collection pursuant to a guaranty taken out during the marriage. In those instances, lawyers need to...
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 | 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...
