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...
Civil Litigation
What Real Estate Transactions Are Subject To The Seller Disclosure Act In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jan 27, 2020 | Civil Litigation, Property Law
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?
by Kershaw, Vititoe & Jedinak, PLC | Jan 20, 2020 | Civil Litigation, Criminal Law
Martin Luther King Jr. famously stated at the March on Washington on August 28, 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."...
Can You Sue A Deceased Person In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Nov 18, 2019 | Civil Litigation, Wills, Trusts And Estates
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...
Michigan Court of Appeals Holds Class II Prisoner Misconduct Rulings Are Subject To Judicial Review
by Kershaw, Vititoe & Jedinak, PLC | Oct 7, 2019 | Civil Litigation
On August 13, 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 Class...
Can A Wrongfully Imprisoned Person In Michigan Sue For Compensation?
by Kershaw, Vititoe & Jedinak, PLC | Jul 29, 2019 | Civil Litigation
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,...
What Are The Requirements To File A Defamation Suit In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 1, 2019 | Civil Litigation
Telling lies about someone is certain to cause hurt feelings at a minimum. Sometimes, disseminating a false statement can cause the subject to suffer reputation damage that leads to economic loss. This can create the basis for a lawsuit for defamation, whether it was...
Is My Case Eligible For Small Claims Court In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jun 17, 2019 | Civil Litigation
Litigation is expensive. Between filing fees, process servers, attorney's fees and missed days of work to attend court hearings, any award obtained from a judge or jury can be eaten away to nothing. If the legal claim in question may only amount to a few thousand...
What Is A Pet Owner’s Liability For Dog Bites In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jun 11, 2019 | Animal Law, Civil Litigation
When dogs bit or injure other people in Michigan, the owner may be civilly liable to the victim for money damages. There are three ways that an injured person can recover a money judgment for dog bites in Michigan: I. MICHIGAN'S DOG BITE STATUTE The Michigan...
What Are Buyer’s Remedies When Overcharged In A Store In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jun 3, 2019 | Civil Litigation
An occasional occurrence at the cash register of a department store is finding yourself charged more for an item than the price displayed for it. This isn't typically due to a store intentionally or fraudulently charging more for extra profit (although this does occur...
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