Articles By Practice Group | Cummings, McClorey, Davis and Acho P.L.C. Attorneys/Lawyers

Articles By Practice Group

Appeals and Litigation

Collection of Accrued Interest Not Allowed in the Absence of a Written Contract Provision

Donut Gate Scandal Closes – Court of Appeals Dismisses Judge’s Lawsuit Against Lapeer County and its Officials

Summary Disposition Granted in Condominium Association Case

Recent Michigan Court of Appeals Decision Holds in Favor of Condominium Association’s Amendment of its Bylaws to Preclude Short-Term Rentals

Dealing with Vexatious Litigants in Community Association Matters

Are Sellers Required to Disclose the Existence of Delinquent HOA Dues?

Summary Disposition Granted in Homeowners Case

State Court dismisses Lawsuit against HOA in Real Property Dispute involving the State of Michigan

Summary Disposition Granted on Serious Impairment in Trucking Case

Jim Acho wins Pro Football Hall of Famer Pat Summerall’s Concussion Claim

Clark Named one of America’s Top 100 Civil Defense Litigators

Three Attorneys Join Firm

Court Grants Motion to Dismiss in Civil Rights Case

Legal or Not, Michigan Employers Can Still Fire You for Smoking Pot

Court Grants Summary Disposition in Case Involving Farm Animals Running at Large

Court Grants Summary Judgment, Dismisses Wrongful Arrest/Malicious Prosecution Claims

Jim Acho Interviewed on CBS News Radio/USA Today Regarding NFL Concussion Case

Court Grants Summary Disposition, Dismisses Plaintiff’s Claims under Whistleblower Protection Act

HBO Piece Integral in CMDA Winning Ex-Lion’s Concussion Claim

Jim Acho Updates NFL Retirees on Concussion Litigation

Federal and State Courts Dismiss Lawsuits Against Community College

Definition of Gender Discrimination Expanded

Cautionary Tale – Employee’s Profanity Laced Facebook Post is Protected Activity in a Recent Federal Court Decision

Supreme Court Opinion Released: Fry, IDEA, FAPE and Administrative Remedies

Grant Obtains Dismissals on behalf of Judge and Prosecutor

Sixth Circuit Reinforces the Importance of Protecting the Identities of Confidential Informants

Grant Obtains a No Cause of Action Verdict in Federal Court

Cross Obtains Favorable Arbitration Award for Concert Promoter

The Sixth Circuit Court of Appeals Expands an Employer’s Defenses to a Claim of Discrimination

Physical Disabilities in a Virtual World

Michigan COA: Seller of Boat was not Owner during Accident

Sixth Circuit Holds Dismissal of Firefighter’s Retaliation Complaint

Sixth Circuit Holds that Police Must Protect Free Expression of Unpopular Views

Department of Education and Transgender Facilities

CMDA Now Handles Patents

An Employee’s Motivation is No Longer Determinative in a Whistleblower Protection Claim

Land Owner has a Higher Duty than an Injured Party

Plaintiffs May be Able to Recover on a Slip and Fall on a Foreign Substance on Floor

Attorney Inducted into Maritime Law Association of the United States

In the Wake of Two Recent Rulings, Attorneys Offer Advice to Law Enforcement on Avoiding Liability

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Public Act 131: E-Signatures Accepted at Register of Deeds

Attorney Joins Livonia Office

Attorneys Win Case for Local Municipality: Plaintiff Sought $1,020,000 in Damages, Awarded $0

Attorney Jim Acho Predicts NLRB Ruling on College Athletes’ Unions

Acho Interviewed by Law360 Magazine on Deflategate Case

Litigation: How to be Better Prepared

Your Attorney Needs You

Business Law

Force Majeure Clauses in Commercial Leases in the Age of the Covid-19 Pandemic

Collection of Accrued Interest Not Allowed in the Absence of a Written Contract Provision

The Use of Lady Bird Deeds to Convey Life Estate Interests in Land

USPTO Unveils IP Platform to Connect Innovators of New Products and Technologies for the Prevention, Treatment, and Diagnosis of COVID-19 with Potential Licensees

Reopening of the Workplace: Issues that May Arise and Helpful Tips

Michigan Governor Encouraging the Use of Electronic Signatures, Remote Notarization and Witnessing during the Covid-19 Pandemic

SBA Provides Loan Application Forms for Paycheck Protection Program

Loan Forgiveness Program under the CARES Act and The Paycheck Protection Program

COVID-19: Business and Legal Issues to Consider

CMDA Opens New York Office

Three Attorneys Join Firm

Important New Changes to Michigan’s Paid Medical Leave Act

Michigan Nonprofit Corporations Must File Annual Report by October 1, 2018

Understanding the Recent Changes to Michigan’s Unclaimed Property Reporting

Combating the Rise of Cyber Crime

A Few Common Reminders of the Family Medical Leave Act (FMLA)

Cross Obtains Favorable Arbitration Award for Concert Promoter

New Tools for Asset Protection and Estate Planning

Attorney Drafts Endorsement Agreement on Behalf of Client and NFL Player

The Sixth Circuit Court of Appeals Expands an Employer’s Defenses to a Claim of Discrimination

Physical Disabilities in a Virtual World

Occupational Safety and Health Act: New Rules for Injury and Illness Reporting

Changes in Overtime Rules for Michigan Employers

U.S. Department of Labor Releases Final Overtime Rules

CMDA Now Handles Patents

Contributing to a Roth IRA through the Backdoor

Employee Handbooks are Essential for Small Businesses

Employers Face More Compliance Challenges

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Should Michigan Employers “Ban the Box” and Remove the Criminal Conviction Question from Applications?

Strategies to Minimize Joint Employer Liability

New Rules Affecting Workers and Employers by the U.S. Department of Labor

EEOC Bans Discrimination against Sexual Orientation in the Workplace

The Importance of Federal Registration

Intellectual Property: The Most Overlooked Asset of a Company

Litigation: How to be Better Prepared

Telecommuting May Not be a Reasonable Accommodation Under the ADA if On-Site Attendance is an Essential Function of the Position

E-Verify: Understanding Responsibilities and Rights

Signs of Identity Theft and How to Dispute Errors on Your Credit Report

Michigan Investment Markets Bill Would Permit Local Stock Exchanges

Google Glass: Use of wearable technology in the workplace creates the need for updated workplace policies

New Tools for Consumers in the Fight Against Identity Theft and Credit Report Errors

Immigration: The Effect of Slyusar v. Holder on the “Incredible” REAL ID Act

Contributing to a Roth IRA through a Backdoor Option

Crowdfunding Bill Intended to Assist Entrepreneurs and Small Businesses

Creativity, 3D Printing and the Law

E-3 Visas: An Alternative to the H-1B Lottery

Succession Planning: Now is the Time to Develop a Plan

Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period

Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period

Employee or Independent Contractor? UIA Adopts 20-Factor Test

Michigan Court of Appeals Upholds Non-Recourse Mortgage Loan Act

Healthcare’s Small Business Tax Credit: Is your Small Business Eligible?

Deciphering the Healthcare Law

Know Your Business: Three Key Areas that Need Your Attention

Don’t Let the IRS Take 35% of Your 401(k)

Community Association and Real Estate Law

Force Majeure Clauses in Commercial Leases in the Age of the Covid-19 Pandemic

Collection of Accrued Interest Not Allowed in the Absence of a Written Contract Provision

Summary Disposition Granted in Condominium Association Case

The Use of Lady Bird Deeds to Convey Life Estate Interests in Land

Michigan Governor Encouraging the Use of Electronic Signatures, Remote Notarization and Witnessing during the Covid-19 Pandemic

Alternative Methods to Conducting Meetings and to Limit In-Person Interactions within your Community Association during the Covid-19 Outbreak

Health and Safety precautions for Community Associations during the Covid-19 Outbreak

Recent Michigan Court of Appeals Decision Holds in Favor of Condominium Association’s Amendment of its Bylaws to Preclude Short-Term Rentals

Attorneys Participate in CAI Conference and Expo

Dealing with Vexatious Litigants in Community Association Matters

Are Sellers Required to Disclose the Existence of Delinquent HOA Dues?

The Importance of Using an Attorney Relevant to your Legal Matter

Summary Disposition Granted in Homeowners Case

State Court dismisses Lawsuit against HOA in Real Property Dispute involving the State of Michigan

Education Law

Federal and State Courts Dismiss Lawsuits Against Community College

Supreme Court Opinion Released: Fry, IDEA, FAPE and Administrative Remedies

An Overview for Termination Decision Making

Department of Education and Transgender Facilities

Case Law Update: LCC-MAHE v LCC Board of Trustees

Case Law Update: Cass v. Michigan State University and Coalition of Labor Organization at MSU

Case Law Update: Dyshawn Pierre v. University of Dayton

Case Law Update: Stolle v. Kent State University

Case Law Update: Silk v. Board of Trustees, Moraine Valley Community College

Case Law Update: Minnis v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

Michigan Case Law Update: ESPN v Michigan State University

Michigan Case Law Update: DeMartin v. University of Michigan Regents

Michigan Case Law Update: Harris v. Mott Community College

Case Law Update: Sterrett v. Heather Cowan and several employees of the University of Michigan

College Ratings System Framework and Invitation to Comment

Dear Colleague Letter on Competency-Based Education Programs

Draft Discussion Guide on Measuring College Outcomes

White House Proposal to Make Community College Free for Responsible Students

Updated Guidance on Making Direct Loan Refunds of Cash

Third Party Servicer Data Form – Reporting Requirement

Senate Task Force Report on Federal Regulation of Higher Education

Title IX: Resolution Agreement between Princeton University and the Department of Education’s Office for Civil Rights

International Programs: Dear Colleague Letter on Ineligible Courses at Foreign Institutions

Dear Colleague Letter Issued Regarding Third-Party Servicer Institutional Requirements and Responsibilities

Education and Title IX

How College Disability Services Differ from K-12 Special Education Services

Service Dogs Expected to take on Expanded Role in Public Places

Supreme Court Raises Bar to Prove Discriminatory Retaliation Cases

Use of Trademark Protected by First Amendment

Preventing Molestation in Schools

Anticipate Legal Issues on Campus

Michigan’s Child Protection Law

Intellectual Property in the Academic Setting

Steps Community College Employees Should Take to Avoid Being Held Individually Liable

Employment and Labor Law

Reopening of the Workplace: Issues that May Arise and Helpful Tips

COVID-19: Business and Legal Issues to Consider

Jim Acho Interview: Harvard Journal of Sports & Entertainment Law

Acho Speaks to MDAHU

Three Attorneys Join Firm

Important New Changes to Michigan’s Paid Medical Leave Act

Legal or Not, Michigan Employers Can Still Fire You for Smoking Pot

Definition of Gender Discrimination Expanded

Think Before You Joke

Cautionary Tale – Employee’s Profanity Laced Facebook Post is Protected Activity in a Recent Federal Court Decision

A Few Common Reminders of the Family Medical Leave Act (FMLA)

Grant Obtains Dismissals on behalf of Judge and Prosecutor

Municipal Immunity under the Family and Medical Leave Act

Occupational Safety and Health Act: New Rules for Injury and Illness Reporting

Changes in Overtime Rules for Michigan Employers

Sixth Circuit Holds Dismissal of Firefighter’s Retaliation Complaint

U.S. Department of Labor Releases Final Overtime Rules

Attorney’s “FSLA Final Rule and its Impact on the Government Employer” Article Featured in MIPRIMA Publication

An Employee’s Motivation is No Longer Determinative in a Whistleblower Protection Claim

Employee Handbooks are Essential for Small Businesses

Employers Face More Compliance Challenges

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Should Michigan Employers “Ban the Box” and Remove the Criminal Conviction Question from Applications?

Strategies to Minimize Joint Employer Liability

New Rules Affecting Workers and Employers by the U.S. Department of Labor

Attorneys Win Case for Local Municipality: Plaintiff Sought $1,020,000 in Damages, Awarded $0

Attorney Jim Acho Predicts NLRB Ruling on College Athletes’ Unions

Acho Interviewed by Law360 Magazine on Deflategate Case

EEOC Bans Discrimination against Sexual Orientation in the Workplace

Gov. Snyder Signs Law to Bar Municipal Wage, Employment Rules

Litigation: How to be Better Prepared

Telecommuting May Not be a Reasonable Accommodation Under the ADA if On-Site Attendance is an Essential Function of the Position

E-Verify: Understanding Responsibilities and Rights

Public Act 152: Caught Between a Rock and a Hard Place

Public and Private Employers Subject to 50 Employee Threshold Under the FMLA: Does Unconditional Language in Employee Manual Create a Jury Question?

Google Glass: Use of wearable technology in the workplace creates the need for updated workplace policies

EEOC Releases Guidelines for Religious Dress and Grooming in the Workplace

Employee or Independent Contractor? UIA Adopts 20-Factor Test

Return to Work Issues under the Family Medical Leave Act

Good News for Private Sector Businesses

Employers Need To Be Mindful of Anti-Retaliation Policy

Employer’s Right to View E-Mails vs. Employee’s Right of Privacy

An Employer Roadmap to Getting through the State of Michigan Unemployment Compensation Maze

Estate Planning and Elder Law

Michigan Governor’s Executive Orders Highlight the Importance of Having a Power of Attorney

The Use of Lady Bird Deeds to Convey Life Estate Interests in Land

Michigan Governor Encouraging the Use of Electronic Signatures, Remote Notarization and Witnessing during the Covid-19 Pandemic

CMDA Puzzle Booklets have Arrived

Coping in Crisis: Estate Planning Challenges and Solutions

COVID 19: Elder Law and Estate Planning Vlog

The SECURE Act and its Impact on Your Estate Plan

Matt Cross Volunteers at Veterans Day Event

Upcoming Seminar: Why Families Feud in Probate Court and How to Prevent the Mayhem

Join CMDA at Senior Day at the Detroit Zoo

You’re Invited: Lunch & Learn Workshop Series

Estate Planning for Retirement Years

Attorney Presents on Stepping into Retirement

Five Things to Look for During Holiday Visits with Aging Loved Ones

Why is it not a good idea for adult children to put their names on their parents’ bank accounts?

Elder Law and Estate Planning Team Attend Medicare Summit

College Bound? Two Documents Every College Student Should Sign

Gene Richards Featured on “The Lawyers” Radio Program

The Elderly are at Risk – Even in the Courts

Why Families Feud in Probate Court and How to Prevent the Mayhem Seminar to be held June 7

The Five Most Common Mistakes an Elder Law Attorney Sees

Panel Discussion on Understanding Long Term Care Needs to be held April 20

Estate Planning for Older Adults

New Tools for Asset Protection and Estate Planning

Experienced Elder Law and Estate Planning Attorney Joins Firm

Estate Planning: A Continuous Process

Contributing to a Roth IRA through the Backdoor

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Eleven Estate Planning Mistakes to be Avoided

What is Elder Law?

The Top Ten Estate Planning Mistakes to Avoid

Effectively Handling Unique Elder Law Issues

Insurance Defense

Insurance Defense Attorney Joins Firm

Experienced Attorney Joins Firm’s Livonia Office

What do the Changes to Michigan’s Auto Insurance Law Mean for You?

Joel Ashton Featured Speaker at NAIFA Auto No-Fault Reform Zoom Conference

Joel Ashton Speaks at NAIFA Auto No-Fault Reform Conference

Summary Disposition Granted in Homeowners Case

Greg Grant and Braeden Willoughby Named Partners of the Firm

Summary Disposition Granted on Serious Impairment in Trucking Case

Ashton Discusses Michigan No-Fault Act on TV Warren

Michigan Supreme Court Holds that Owner or Registrant Need Not Personally Maintain Insurance Under No-Fault Act

Paletta Feature Speaker at MDTC Annual Meeting

A Breakdown of the New Michigan No-Fault Legislation

Three Attorneys Join Firm

CMDA Supports SVAA Fundraiser Event

Matt Cross and Greg Grant Attend Grand Rapids Adjusters Association Event

CMDA Announces Newest Partner

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Attorney Joins Livonia Office

Insureds and Insurers Must Carefully Read their Insurance Policies

Insurance Companies May Now Avail Themselves of the Traditional Legal and Equitable Remedies when Faced with Fraud

Law Enforcement Defense and Litigation

TC Attorneys Present to Law Enforcement Leaders

Court Grants Motion to Dismiss in Civil Rights Case

Court Grants Summary Judgment, Dismisses Wrongful Arrest/Malicious Prosecution Claims

Law Enforcement Body-Worn Camera Privacy Act

Sixth Circuit Reinforces the Importance of Protecting the Identities of Confidential Informants

Grant Obtains a No Cause of Action Verdict in Federal Court

Sixth Circuit Holds that Police Must Protect Free Expression of Unpopular Views

Attorneys give Presentation to Police Chiefs on Garrity Protection

In the Wake of Two Recent Rulings, Attorneys Offer Advice to Law Enforcement on Avoiding Liability

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Attorney Joins Livonia Office

Litigation: How to be Better Prepared

Your Attorney Needs You

Court Rules Mental Health Commitment Constitutional – Case Dismissed

#Socialmedia #Police

Officer and Public Safety Justify Force Against Recklessly Fleeing Motorists

Bill Would Allow Strip Searches for Misdemeanor Crimes

Supreme Court Decides on Fourth Amendment Cases

Firearms: Open Carry is Legal in Michigan

Municipal Law

Donut Gate Scandal Closes – Court of Appeals Dismisses Judge’s Lawsuit Against Lapeer County and its Officials

Greg Grant and Braeden Willoughby Named Partners of the Firm

Clark Named one of America’s Top 100 Civil Defense Litigators

Three Attorneys Join Firm

Important New Changes to Michigan’s Paid Medical Leave Act

TC Attorneys Present to Law Enforcement Leaders

Court Grants Motion to Dismiss in Civil Rights Case

Court Grants Summary Disposition in Case Involving Farm Animals Running at Large

Court Grants Summary Judgment, Dismisses Wrongful Arrest/Malicious Prosecution Claims

Court Grants Summary Disposition, Dismisses Plaintiff’s Claims under Whistleblower Protection Act

Federal and State Courts Dismiss Lawsuits Against Community College

Definition of Gender Discrimination Expanded

Law Enforcement Body-Worn Camera Privacy Act

A Few Common Reminders of the Family Medical Leave Act (FMLA)

Grant Obtains Dismissals on behalf of Judge and Prosecutor

Sixth Circuit Reinforces the Importance of Protecting the Identities of Confidential Informants

New Law Expands Protections for Municipalities in Premises Liability Lawsuits

Grant Obtains a No Cause of Action Verdict in Federal Court

Court of Appeals Reaffirms Public Bodies are Under No Obligation to Monitor FOIA Requests Once Denied

Physical Disabilities in a Virtual World

Municipal Immunity under the Family and Medical Leave Act

Legal Update: Implications of the Recently Enacted Medical Marihuana Facilities Licensing Act on Municipalities

Occupational Safety and Health Act: New Rules for Injury and Illness Reporting

Changes in Overtime Rules for Michigan Employers

Sixth Circuit Holds Dismissal of Firefighter’s Retaliation Complaint

Attorney’s “FSLA Final Rule and its Impact on the Government Employer” Article Featured in MIPRIMA Publication

Sixth Circuit Holds that Police Must Protect Free Expression of Unpopular Views

Attorneys give Presentation to Police Chiefs on Garrity Protection

An Employee’s Motivation is No Longer Determinative in a Whistleblower Protection Claim

In the Wake of Two Recent Rulings, Attorneys Offer Advice to Law Enforcement on Avoiding Liability

2015 Year in Review: Monumental Milestone Recognized, Skilled Attorneys Hired, and Remarkable Anniversaries Celebrated

Public Act 131: E-Signatures Accepted at Register of Deeds

Should Michigan Employers “Ban the Box” and Remove the Criminal Conviction Question from Applications?

Attorney Joins Livonia Office

Attorneys Win Case for Local Municipality: Plaintiff Sought $1,020,000 in Damages, Awarded $0

EEOC Bans Discrimination against Sexual Orientation in the Workplace

Gov. Snyder Signs Law to Bar Municipal Wage, Employment Rules

Litigation: How to be Better Prepared

E-Verify: Understanding Responsibilities and Rights

Public Act 152: Caught Between a Rock and a Hard Place

Court Rules Mental Health Commitment Constitutional – Case Dismissed

Public and Private Employers Subject to 50 Employee Threshold Under the FMLA: Does Unconditional Language in Employee Manual Create a Jury Question?

The Failure of Public Act 222: Sewer Backup Legislation

Advantages of Intergovernmental Agreements for Municipal Services and Programs

Supreme Court Decides on Fourth Amendment Cases

Plaintiff’s Personal Injury

Jim Acho wins Pro Football Hall of Famer Pat Summerall’s Concussion Claim

Jim Acho Interviewed on CBS News Radio/USA Today Regarding NFL Concussion Case

HBO Piece Integral in CMDA Winning Ex-Lion’s Concussion Claim

Jim Acho Updates NFL Retirees on Concussion Litigation

Protecting Your Family in an Auto Accident

Acho Quoted on ESPN.com regarding NFL Concussion Case

Acho Featured in MiLW “Sidebar of the Week”

CBS Detroit Article Highlights Acho’s Involvement in Helping Retired NFL Players

Land Owner has a Higher Duty than an Injured Party

Acho Gives Opening Remarks at NFLPA Annual Meeting

Plaintiffs May be Able to Recover on a Slip and Fall on a Foreign Substance on Floor

Black Ice is Not an Open & Obvious Danger

Acho Keynote Speaker at Sports and Entertainment Law Symposium

Litigation: How to be Better Prepared

Blamer Prevails in First Party No-Fault Case

The Michigan No-Fault Law: An Explanation of Your Rights When an Accident Occurs

Automobile Accident Report Form: Steps to Take if you are Involved in an Accident

Do You Have Appropriate Motor Vehicle Coverage?

Determining Coverage Under the Michigan No-Fault System

Utility Law

Litigation: How to be Better Prepared

CMDA Law

CMDA Law