Tish.Law Blog

Nila Jean Oxender (“Decedent”) died by drowning in her hot tub at her Tucson, Arizona, condo on November 23, 2016.  In the related Washtenaw County Probate Court proceedings, entitled In re Nila Jean Oxender, Case No. 2017-000,428-DE, William G....

In most attorney-client relationships, it is easy to identify the client.  For attorneys who practice estate planning, probate law or probate litigation, among other related areas, the answer is somewhat less clear.  Namely, is the client the fiduciary (i.e....

When a plaintiff is deciding whether to bring a sexual discrimination, sexual harassment and/or hostile work environment claim, the plaintiff must be careful to understand what types of discrimination constitute sexual discrimination prohibited by Title VII of the...

Over the course of a legal proceeding, attorneys often have to discuss sensitive topics to zealously represent their client—this can be especially true in sexual harassment or hostile work environment cases.  Inherent to many of those cases are accusations that...

When two parties come to an agreement, whether it be for services, goods or something else, like an investment, a contract is not always formed.  In such a situation, where no contract is formally created, but one party benefits from the conduct or actions of the...

When a plaintiff has obtained a money judgement against a defendant, the plaintiff must be careful to understand that obtaining such a judgement is just the first step in trying to collect on such a judgement from the defendant. Some of a plaintiff’s most powerful...

When a corporation or limited liability company is conducting business in Michigan, it must be very careful when it receives a summons and complaint naming it as a defendant in a lawsuit. Under Michigan law, a corporation or limited liability company has twenty-one...

It is certainly unfortunate when anyone passes away, but it can be even more tragic when someone else is at fault.  In such cases, a wrongful death action may be appropriate; however, calculating how long you have to bring a claim can be complicated. While some...

When deciding to sell one’s business, one of the key and essential issues that usually arises is the negotiation and/or drafting of a non-competition provision to be enforced against the seller of the business. Pursuant to Michigan law, if a non-competition provision...

Employers are often concerned with protecting “their” clients, wondering what they can do to make sure former employees do not take and/or benefit from the connections they made while employed.  For the most part, clients and/or client information cannot be...

Owning a franchise is a very popular way to generate income, but as with all business opportunities, there are unique legal issues a potential franchisee should consider.  One of the most important aspects of any franchise relationship is the contract that...

When deciding whether to initiate a lawsuit against an arbitrator and/or arbitration organization, such as the American Arbitration Association (“AAA”), one of the key and essential issues which must be considered by the plaintiff is whether his/her/its claims are...