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The Danger Of Having A Default Entered Against You In Michigan

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 (21) days from the date its registered agent is served with a […]

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Wrongful Death in Michigan—Periods of Limitation

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 states have a specific statute of limitations for wrongful […]

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Michigan’s Policy Of Protecting The Purchasing Party In The Sale Of A Business In The Context On Non-Competition Provisions

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 is reasonable, such provision is enforceable.  MCL 445.774a(1); Mid Mich. Med. Billing Serv. […]

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Anticompetitive Use Of Confidential Business Information

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 considered an employer’s “property;” however, as discussed below, controlling case law in Michigan has established […]

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Franchise Law in Michigan

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 governs the relationship—the franchise agreement.  The franchise agreement will often outline important obligations, procedures […]

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What is the scope of the doctrine of arbitral immunity under Michigan law and the Michigan Uniform Arbitration Act?

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 precluded by the doctrine of arbitral immunity.   Under Michigan law, the doctrine of arbitral immunity […]

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Withdrawing From A Limited Liability Company In Michigan

If you are a member of a Michigan limited liability company (“LLC”) and want to withdraw your membership interest, you should make sure that your LLC’s operating agreement permits voluntary withdrawal of membership interest.  Pursuant to MCL 450.4509, a member may withdraw from an LLC only as provided in the operating agreement.  Id.   Case […]

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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.   In Florida, the rules of civil procedure allow parties to conduct discovery using interrogatories, requests for admission […]

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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 Michigan law, a party cannot be compelled, or forced, to participate in arbitration proceedings if that party […]

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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.  MCL 554.44-.45.  Real property held in tenancy by the […]

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