Has your federal employer taken an adverse action against you for reporting discrimination or harassment?
Federal law prohibits a federal employer from taking adverse personnel action against a federal employee who reports, or is about to report, discrimination or harassment. A personnel action means: (i) an appointment; (ii) a promotion; (iii) an action under...
Trademark Infringement: Does a “likelihood of confusion” exist?
In order to prevail on a trademark infringement and unfair competition claims, the plaintiff must establish that defendant’s trademark creates a “likelihood of confusion” regarding the origin on the goods or services offered by the plaintiff and the defendant. ...
Preferential Transfers: Were you paid by a debtor within 90 days of their bankruptcy?
If a debtor made a payment to you within 90 days of their filing for bankruptcy, the payment may be deemed a “Preferential Transfer” and you may be liable for paying the money back to the trustee of the debtor’s estate. Have you received a Preferential...
PROMISSORY ESTOPPEL: HAVE YOU RELIED ON A PROMISE TO YOUR DETRIMENT?
Promissory Estoppel was developed to protect the ability of individuals to trust promises in circumstances where trust is essential. In essence, promissory estoppel can be thought of as an “invisible handshake.” State Bank of Standish v Curry, 442 Mich 76,...
Opposition to Summary Disposition Filed In In re NILA JEAN OXENDER, Case No. 2017-000, 428-DE
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....
Who Is The Client?
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....
In The Sixth Circuit Court Of Appeals, Does Gender Discrimination Constitute Sex Discrimination Under Title VII Of The Civil Rights Act Of 1964?
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...
Attorney Privilege in Defamation Actions
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...
Unjust Enrichment
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...
The Power Of Supplemental Proceedings In Enforcing A Judgment In Michigan
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...