Where a defendant commercial landlord has moved for summary disposition, that motion should be allowed in part and denied in part. The post Landlord and Tenant – Summary disposition first appeared on Michigan Lawyers Weekly ..read more

Where a plaintiff commercial landlord has requested counsel fees, that request should be granted because there is sufficient basis in the lease to award fees for both of the landlord’s claims in this action. The post Landlord and Tenant – Fees first appeared on Michigan Lawyers Weekly ..read more

Where a defendant employer has asserted counterclaims to recover an alleged overpayment of salary to the plaintiff employee, the plaintiff’s motion for summary judgment should be denied as to the employer’s breach of contract and unjust enrichment counterclaims but allowed as to a fiduciary duty counterclaim. The post Employment – Salary overpayment first appeared on Michigan Lawyers Weekly ..read more

Where appellants have challenged a judgment in the amount of $108,901.63 following a jury trial, the appellants should be denied relief on appeal despite their challenge to a particular jury instruction and their argument that despite the unfavorable jury verdict against them, they were nonetheless entitled to garnishments against one of the defendants. The post Real Property – Slander of title – Garnishment first appeared on Michigan Lawyers Weekly ..read more

Where a defendant was awarded summary judgment in a dispute over a driveway, that judgment should be affirmed despite the plaintiff’s argument that the trial court erred by holding that the defendant had established the elements of a prescriptive easement. The post Real Property – Prescriptive easement – Driveway first appeared on Michigan Lawyers Weekly ..read more

Where a defendant was granted summary disposition on the ground that none of the three plaintiffs sustained a threshold injury, it was an abuse of discretion to grant the plaintiffs relief from that judgment. The post No-Fault Law – Threshold injury first appeared on Michigan Lawyers Weekly ..read more

Where a plaintiff’s request to amend her complaint to add a defendant’s insurer as a party was denied, any claim against the insurer resulting would be barred by the statute of limitations, MCL 500.3145(5). The post No-Fault Law – Statute of limitations first appeared on Michigan Lawyers Weekly ..read more

Where a defendant hospital was denied summary disposition in a medical malpractice suit, the trial court did not err when it denied the hospital’s motion for summary disposition on the issue of ostensible agency. The post Negligence – Medical malpractice – Ostensible agency first appeared on Michigan Lawyers Weekly ..read more

Where a defendant was convicted of third-degree child abuse, his convictions should be affirmed despite his argument that that defense counsel provided ineffective assistance by not requesting an instruction on the definition of reasonable force. The post Criminal – Child abuse – Reasonable force first appeared on Michigan Lawyers Weekly ..read more

Where a plaintiff’s claims for breach of contract, unjust enrichment and conversion were dismissed, that decision should be upheld despite the plaintiff’s argument that the trial court erred by holding that its claim for breach of an alleged March 2018 oral agreement was barred by the statute of frauds. The post Contract – Statute of frauds first appeared on Michigan Lawyers Weekly ..read more