Publications for Business & Commercial Litigation

A general understanding of the litigation process can help relieve some of that anxiety. This article is a general outline of the litigation process in case you find yourself in a situation where you have been sued or you need to sue someone else.

Attorney Seth Drucker co-authored a Q & A guide to drafting, issuing and enforcing a subpoena in Michigan. To view the full text you must subscribe to Practical Law.

A panel of the Michigan Court of Appeals has welcomed a challenge to the availability of the open and obvious defense to self-service retail stores on the theory that merchandise displays intentionally distract shoppers from hazards.  In the first published appellate decision in over a year discussing the open and obvious defense, the court questioned whether the open and obvious defense applies in the retail store setting, and requested that the Court of Appeals convene a special panel of appellate judges to resolve the issue.

Townships have a state constitutional right to "reasonable control" over roads. Townships also have the statutory right to adopt truck route ordinances. What happens if one township’s truck route ordinance effectively pushes commercial traffic into a neighboring township?

Michigan has joined the growing number of states that have enacted the Revised Uniform Arbitration Act. The RUAA includes many important provisions that are intended to improve the efficiencies, and lower the costs, of arbitration. Read about the updates.

This article discusses the unique situation when the purchaser actually benefits from the past seller’s breach - - and the potential legal consequences that might surprise you.

Michigan's highly successful Clean Corporate Citizen program has received new and added emphasis. The Michigan Legislature passed legislation to organize and enlarge benefits provided to Michigan businesses that exercise environmental stewardship.

The Michigan Legislature recently increased the small claims jurisdictional limit from $3,000 to $5,000 effective September 1, 2012.

In Michigan, it is generally common knowledge that contractors may file a construction lien to secure payment for their labor or material costs provided on a project. This article examines whether a contractor’s construction lien will have priority over interests, such as a mortgage, that a bank or another entity has recorded prior to the construction lien. 

The Michigan Court of Appeals once again affirmed that an action may not be maintained under the common work area doctrine when the alleged danger does not expose a significant number of workers to a high degree of risk.

A recent decision by the Michigan Court of Appeals provides caution for contractors, subcontractors, laborers or suppliers seeking to file claims of lien on site condominium developments.

Family-owned companies make up eighty-nine percent of all business and employ sixty percent of all U.S. employees.