Varnum LLP

Iqbal Pleading Standard Does Not Apply to Fraudulent Joinder Analysis on Motion to Remand

In Overholt v. Purina Animal Nutrition LLC, the Honorable Robert Holmes Bell was faced with determining whether a defendant was added to the plaintiffs' state court complaint in a fraudulent effort to defeat federal diversity…more
| Civil Procedure

Tenants Escape Liability for Fire Damage

The Michigan Court of Appeals recently found that a landlord could not pursue tenants for fire damage caused by the tenants.  In Gauthier v. Elkins, unpublished opinion* of the Court of Appeals, issued November 13, 2014 (Docket…more
| Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

Guaranteed Payments: the Equivalent of a Salary for LLC Members and Partners

Absent special elections to be taxed differently, partnerships and limited liability companies (referred to herein as “entities”) with two or more partners or members (referred to herein as “owners”) are taxed on a pass-through…more
| Business Organizations, Labor & Employment Law, Taxation

Tenant Can Terminate Lease if Landlord Can’t Deliver Possession

In a recent Kent County Circuit Court case, the court found that where the landlord could not deliver possession of the property by the date set forth in the lease, the tenant could terminate the lease…more
| Commercial Law & Contracts, Real Estate - Residential

Making Your Mark: How to Obtain and Protect a Trademark

A key component of the strategy of almost any business is branding: building a name or logo that consumers associate with your business. The law recognizes that words or symbols that demonstrate a business's commercial identity…more
| Business Organizations, Intellectual Property

Landlord Can Sell Property and Still Recover Unpaid Rent

Can a landlord recover unpaid rent that came due after the landlord sold the building? According to a recent Michigan Court of Appeals decision, the answer may be "yes."…more
| Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

Eviction by Email?

The Michigan House of Representatives recently passed a bill that would allow landlords to start the eviction process by serving a seven-day demand for possession by email. Currently, a demand for possession must be sent by…more
| Elections & Politics, Real Estate - Residential

Michigan Tax Update: Ballot Initiative Good for Tribes

The Michigan legislature has approved a ballot initiative that will be submitted for voter approval in May 2015. If approved, the initiative will impact Tribes in two important ways..…more
| Elections & Politics, Indigenous Peoples, Taxation

A “Magnificently Convoluted and Contentious” Plat

Plats continue to be a source of frustration, uncertainty and expense for owners of waterfront property. In Sims Township v. Arenac County Drain Commissioner, the Michigan Court of Appeals described a "magnificently convoluted…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential

Failure to Warn About Dangers of Off-Label Use of Medical Device Preempted Under Federal Law

In Thorn v. Medtronic Sofamor Danek, USA, the Honorable Janet T. Neff dismissed the plaintiff's state law claims of failure to warn and negligence as preempted under the Medical Device Amendments of 1976 ("MDA"), 28 U.S.C. §…more
| Conflict of Laws, Personal Injury, Health, Science, Computers, & Technology

NLRB Issues New Report on Employment Handbook Violations: Do you need a Handbook Review?

On March 18, 2015, the Office of the General Counsel for the National Labor Relations Board, Richard F. Griffin Jr., released the much-anticipated report of cases raising significant legal or policy issues arising in the context…more
| Labor & Employment Law

Kid on the Hot Seat: Child Witnesses in Divorce

Recently, I have been part of more discussions than usual about the propriety of having a minor child testify as a witness in a custody dispute or divorce matter…more
| Family Law

Not All Investors Are Created Equal In The Eyes of the SEC: Why You Should Consider Only Accredited Investors in Your Startup

It is exciting to have people willing to invest money into your company. But before you sell any equity to friends, family or others, consider whether they are "accredited investors."…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Michigan Court of Appeals Reverses Adoption of Indian Child; Cites Michigan Adoptive Placement Preference Standards

As mentioned in a recent blog post regarding child custody proceedings involving Indian children in Michigan, significant legal and procedural requirements must be met before an Indian child may be adopted…more
| Family Law, Indigenous Peoples

Michigan Legislature Adopts Measures to Ease Tensions in High-Conflict Domestic Relations Cases

High-conflict domestic relations cases create a significant drag on a court's resources through ongoing disputes that range from who is responsible for paying for music lessons through charges of parenting alienation as a result…more
| Elections & Politics, Family Law
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Contact

333 Bridge Street NW
Grand Rapids, Michigan 49504, United States

Contact: Tamara Bergstrom


Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
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  • Immigration Law
  • Indigenous Peoples
  • Insurance
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  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Michigan
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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