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(989) 486-3676 • info@brownlawplc.com

  • Home
  • Practice Areas
    • Real Estate Law
    • Family Law
    • Business Law
    • Construction Law
    • Divorce Law
    • Criminal Law
    • Commercial Law
  • People
    • W. Jay Brown
    • Courtney Thom
    • Paige N. Brown
    • Amber Vanpelt
  • About
    • Resources
    • FAQ
  • Contact

Limitations to the “Written Instrument” judgment interest rate in Michigan

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...

Duty of Reasonable Inquiry does not include Bankruptcy Search

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...

Defending Collections against Spousal Guaranties

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...

Michigan Contract Disputes – Rebirth of the Latent Ambiguity Doctrine

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...

Statutory Conversion Creativity

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...

Precluding Fraud Claims- The Winning Provision to put in your Contracts

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...
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