On July 23, 2020, the Michigan Supreme Court issued its opinion in Sanford v Michigan, __ Mich __ ; __ NW2d __ (2020)(Docket No. 159636) and ruled that the Wrongful Imprisonment Compensation Act does not permit an exonerated prisoner to recover for the period...
Civil Litigation
What Is The Process For A Judicial Foreclosure In Michigan?
by stevejedinak | Jul 20, 2020 | Civil Litigation, Property Law
The foreclosure process can be a scary time for homeowners because it is hard to know what to expect. There are two types of foreclosures: judicial foreclosure (processed and supervised by the court) and foreclosure by advertisement (no court involvement). ...
U.S. Supreme Court: Can President Trump’s Federal Tax Returns Be Subpoenaed?
by stevejedinak | Jul 10, 2020 | Civil Litigation, Civil Procedure, Federal Taxation
On July 9, 2020, the U.S. Supreme Court released a pair of opinions regarding the ongoing controversy of President Trump’s tax returns. In Trump et al v. Mazars USA LLP et al, __ U.S. __ (2020)(No. 19-715), the U.S. House of Representatives issued subpoenas to...
Michigan Court Of Appeals Upholds Preliminary Injunction Against Emergency Rules Banning Flavored Vaping Products
by stevejedinak | May 26, 2020 | Civil Litigation
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...
What Is The Liability Of Home Inspectors In Michigan?
by stevejedinak | May 19, 2020 | Civil Litigation, Property Law
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
by stevejedinak | May 4, 2020 | Civil Litigation, COVID-19
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?
by stevejedinak | Apr 30, 2020 | Civil Litigation, COVID-19
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
by stevejedinak | Apr 21, 2020 | Civil Litigation, Civil Procedure, COVID-19
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?
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."...
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