Tish.Law Blog
Did you know that a builder must be properly licensed in order to put a construction lien on your property?
The Michigan Construction Lien Act states that each contractor, subcontractor, supplier or laborer who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement of the real property....
Copyright—Yours or Your Employer’s?
Not every copyright belongs to the individual who may have created—in the common sense of the word—the work. In some scenarios, a copyright may actually belong to an employer or a party that contracted for the creation of the work. This is referred to as a...
Adidas And Juicy Couture Reach Settlement In Trademark And Contract Dispute
On March 17, 2017, athleticwear mogul Adidas filed suit against California-based clothier Juicy Couture alleging, inter alia, breach of contract and trademark infringement. See generally, Adidas Complaint. Adidas argued that since as early...
When does exercising jurisdiction over an out-of-state defendant comply with the Due Process Clause of the Fourteenth Amendment in the Sixth Circuit?
When initiating a lawsuit against an out-of-state defendant in a Sixth Circuit federal court, one of the key essential issues which must be considered by a plaintiff is whether the federal court has jurisdiction over the out-of-state defendant. For a federal...
Trespasser or Implied Licensee?
The duty of care you owe to someone on your property is largely based on that individual’s status. Salazar v. Bowerman, No. 223121, 2001 Mich. App. LEXIS 431 (Ct. App. May 22, 2001). If someone enters your land without your consent, they are considered a...
Judgments and Tenancy By The Entirety
Creditors of one spouse cannot attach property owned by spouses in tenancy by the entirety to satisfy a debt of the spouse. When a husband and wife take title to real property together as co-owners, the state of Michigan presumes a tenancy by the entirety....
In Michigan, who has jurisdiction to decide the existence and scope of an arbitration agreement?
When deciding whether to initiate arbitration proceedings with the American Arbitration Association (“AAA”), one of the key and essential issues which must be considered by the filing party is whether a valid, enforceable arbitration agreement exists. Under...
Compelling Discovery
Generally, there are procedural mechanisms in place to ensure that all relevant information, not subject to a legitimate legal privilege, is discoverable during litigation. These procedures vary from jurisdiction to jurisdiction, but they are often very similar....
Considering Taxes When Forming a Company
When creating a new business entity, part of the consideration is what type of entity to choose is based on the tax consequences. If selling the company later is a possibility, the tax consequences of an exit strategy are important and could make a large impact upon...
When Courts View Debt as Equity – And The Tax Implications
A company may need additional funds, and one option as an owner is contributing funds in the form of debt and promissory notes, instead of equity. Some of the benefits of contributing funds as debt instead of equity are the interest paid can be treated as...
On what basis did the Supreme Court deny the latest Obamacare challenge?
In Cal. v. Tex., 2021 U.S. LEXIS 3119, decided today, June 17, 2021, the United States Supreme Court, on a 7-to-2 vote, denied a third major challenge to the Patient Protection and Affordable Care Act (“ACA;” often referred to as “Obamacare”). [Link to PDF of...
The Nevada Law For O.J. Simpson’s Parole Hearing
The big news in law this week is former football player O.J. Simpson’s parole hearing that will be held on Thursday, July 20, 2017. Simpson’s 33-year prison term in Nevada was for a charge of armed robbery and assault with a weapon, according to the Chicago Tribune....