A version of this article was previously published in the Michigan Defense Quarterly, Vol. 40, No. 3 (2024). There may be times when a party facing an adverse summary disposition decision (whether it be the grant or denial...more
One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court. That isn’t necessarily the case in criminal...more
Many of us have, at one time or another, found ourselves citing a decision that had been either reversed or vacated “on other grounds.” But are those decisions precedential? Does it matter whether the decision was “reversed”...more
Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more
There are a number of reasons why parties in a civil case might consider filing a post-judgment motion before appealing an adverse decision. In fact, sometimes, a post-judgment motion is required to preserve an issue for...more
In the Michigan Court of Appeals, when a party files an appeal as of right (or the Court of Appeals grants leave to appeal), the appellee is entitled to file a cross-appeal. MCR 7.207(A)(1) (“When an appeal of right is filed...more
On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan...more
On occasion, a plaintiff faced with the dismissal of one or more, but not all, of its claims may wish to pursue an immediate appeal without losing the ability to pursue its remaining claims later on. A similar situation...more
The Michigan Supreme Court has a well-known practice of issuing peremptory orders on pending applications for leave to appeal that decide the application without actually granting leave. Consider this order in DiLuigi v RBS...more
It’s well-understood that unpublished decisions don’t have precedential value under the doctrine of stare decisis. The Michigan Court of Appeals has even cautioned against citing them, warning that “[c]onsideration of...more
For some time now, a subject of discussion among appellate practitioners has been the effect of orders from the Michigan Court of Appeals denying applications for leave to appeal “for lack of merit in the grounds presented,”...more
As a general rule, the Michigan Court of Appeals’ jurisdiction is limited to appeals of right from a “final judgment or final order.” MCR 7.203(A)(1). In most cases, that will be the “the first judgment or order that disposes...more
With certain limited exceptions, only “final” decisions are appealable as a matter of right. In Michigan, that typically means “the first judgment or order that disposes of all the claims and adjudicates the rights and...more
A fundamental rule of appellate jurisdiction is the need for a “final” decision. In Michigan, a final judgment or order is typically “the first judgment or order that disposes of all the claims and adjudicates the rights and...more
Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing...more
When venue of a civil action is improper, Michigan Court Rule 2.223(A) provides that the court “shall” order a change of venue “on timely motion of a defendant,” or that it “may” order a change of venue “on its own initiative...more
Under Michigan’s “offer of judgment” rule, MCR 2.405, costs and attorney fees may be imposed on a party that rejects an offer to stipulate to entry of a judgment and fails to obtain a more favorable “verdict.” In Simcor...more
1/23/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Attorney's Fees ,
Breach of Contract ,
Construction Litigation ,
Legal Costs ,
Legal Fees ,
Motion to Vacate ,
Offer of Judgment ,
State and Local Government
DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 -
Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance...more
The U.S. Supreme Court recently tightened the reins when it comes to state courts’ exercise of case-based, specific personal jurisdiction over out-of-state companies. In Bristol-Myers Squibb Co. v. Superior Court of...more
6/28/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Due Process ,
Forum Shopping ,
Fourteenth Amendment ,
General Jurisdiction ,
Mass Tort Litigation ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
SCOTUS ,
Specific Jurisdiction
In the recent case of Frank v Linkner, ___ Mich ___; ___ NW2d ___ (2017), the Michigan Supreme Court clarified that a claim for member oppression under Michigan’s Limited Liability Company Act (“LLCA”), MCL 450.4101 et seq.,...more
The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more
5/24/2017
/ Arbitration ,
Arbitration Awards ,
Auto Insurance ,
Car Accident ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Interest Payments ,
No-Fault Insurance ,
Prompt Payment ,
Uninsured and Under-Insured Motorists
The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more
It is well established that whether a particular dispute falls within the scope of an arbitration clause depends on the language of the parties’ agreement. In the recent case of Altobelli v Hartmann, the Michigan Supreme...more
Michigan district courts have exclusive subject-matter jurisdiction over civil actions when the “amount in controversy” does not exceed $25,000. So what happens if a plaintiff files a lawsuit in district court seeking damages...more
Because the Michigan Consumer Protection Act (MCPA) was derivative of common law fraud, many have argued that all claims brought under the MCPA require a plaintiff to prove fraud-like elements in order to create liability...more