Force majeure is a term used in contracts to describe unforeseen events, outside a party’s control, which may exempt a party from liability. With the recent outbreak of COVID-19, businesses may experience supply chain disruptions or interruptions that impact their ability to perform under a contract. An Overview of Force Majeure Clauses It is widely understood that when parties...
Continue ReadingThe mission of the State Bar is to aid in promoting improvements in the administration of justice and advancements in jurisprudence, improving relations between the legal profession and the public, and promoting the interests of the legal profession in this state. Currently, the Bar has more than 42,000 attorney members. The Michigan Legislature established the State Bar of Michigan...
Continue ReadingBusinesses come in all sizes from one-person ownership to large multi-national corporations. Regardless of the size of the business or type of service or product they offer, if a legal problem arises, they want it solved quickly, efficiently, accurately and predictably. In an effort to satisfy that need, the Michigan Business Court Statute was passed in October of 2012. A...
Continue ReadingIt is common for corporate shareholders to bring lawsuits based on alleged wrongdoing by corporate officers or directors. Michigan courts have not squarely addressed whether a derivative or a direct suit is the proper vehicle for such claims. What Is the Difference Between a Direct Suit and a Derivative Suit? This post will explore some of the different views...
Continue ReadingLuke? Lord Vader has set a trap for him. And we're the bait. Well, he's on his way. Perfect. You fixed us all pretty good, didn't you? My friend! Stop! I've done all I can do. I'm sorry I couldn't do better, but I have my own problems. Yeah, you're a real hero. You certainly have a way with...
Continue ReadingFrom the January 30, 2006 Michigan Lawyers Weekly. By E Powell Miller, David H Fink and Lauren Duerr Heralded by President Bush as “a model of effective, bipartisan legislation” that will “ease the needless burden of litigation on every American worker, business, and family,” the Class Action Fairness Act (CAFA) was signed into law on Feb. 18, 2005. Opponents...
Continue ReadingThe duty of good faith and fair dealing is implied in every contract. The Restatement (Second) Contracts, Section 205 states: “Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” The Uniform Commercial Code (UCC) also imposes a duty of good faith. UCC Section 1-203 provides: “Every contract or duty...
Continue ReadingKey Takeaways Choose the right expert — An expert must offer credible, thorough analysis and be prepared well before depositions or trial so they don’t harm your case. Understand discovery obligations — Experts expected to testify must be identified, their subject matter and opinions disclosed, and they are subject to deposition; non-testifying (consultative) experts have different protections. Manage consulting...
Continue Reading