Pursuing or defending an appeal in the Michigan Court of Appeals can be a lengthy process. Briefing does not begin until after all transcripts have been ordered, and that process alone can take up to 91 days in civil cases....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
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
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
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
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