On May 21st, 2020, a three-judge panel of the Michigan Court of Appeals upheld a preliminary injunction against Governor Whitmer’s public emergency rules that ban the sale of flavored vaping products in the state. Originally passed in September 2019, the...
Civil Litigation
What Is The Liability Of Home Inspectors In Michigan?
In a typical real estate sale agreement where a buyer makes an offer to purchase a home from a seller, the buyer is often afforded the customary right of inspection. A buyer will often retain a home inspector that will assist in making an informed decision...
Michigan Court Of Claims Denies Preliminary Injunction Against Governor’s Executive Orders During COVID-19 Emergency
Governor Gretchen Whitmer’s controversial executive orders issued during the COVID-19 state of emergency have survived an initial request for a preliminary injunction in the Michigan Court of Claims. The substantive elements being challenge were the...
Breach Of Contract Due To COVID-19 In Michigan: What Defenses Are Available?
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
Michigan Supreme Court Extends Statute Of Limitations And Deadlines Expiring During COVID-19 Emergency
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
What Real Estate Transactions Are Subject To The Seller Disclosure Act In Michigan?
Michigan law requires a seller of residential property to fill out a standardized form disclosing what he or she personally knows about the home, including any past issues and current imperfections. This form must be completed and returned to the buyer or buyer's...
What Are The Civil And Criminal Penalties For Ethnic Intimidation In Michigan?
Martin Luther King Jr. famously stated at the March on Washington on August 28th, 1963 - "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character."These...
Can You Sue A Deceased Person In Michigan?
Consider the following scenario: a wealthy socialite crashes his luxury car into a family sedan driven by a couple and their two young children. The socialite blew through a stop sign and was clearly at-fault, but it resulted in severe and permanent injuries to the...
Michigan Court of Appeals Holds Class II Prisoner Misconduct Rulings Are Subject To Judicial Review
On August 13th, 2019, the Michigan Court of Appeals released its opinion in Jackson v Dep't of Corrections, ___ Mich App ___ (2019)(Docket No. 342822) holding that a prisoner was entitled to have the Michigan Department of Correction's determination regarding his...
Can A Wrongfully Imprisoned Person In Michigan Sue For Compensation?
Despite all of the safeguards built into the criminal justice system, innocent people sometimes get convicted and punished for crimes they did not commit. The police and the prosecutor might act on defective evidence, the defense attorney might do a substandard job,...
