A common query posed to collection attorneys by their small business clients is whether, upon the default of a standard contract agreement, the client will receive the “benefit of the bargain” and be made whole as part of the collection process. Many business agreements have not been drafted in a comprehensive manner, nor with the aid of competent legal counsel. As a result, an often-raised question is whether accrued interest […]

Konschuh v. Turkelson, et al. (Lapeer County Circuit Court No. 17-050850-CL(H); Oakland County Circuit Court No. 17-SC0045-SC; Michigan Court of Appeals No. 349041) is a unique and highly-contentious case that involved a circuit court judge who filed suit against Lapeer County and several of its officials. Judge Byron Konschuh – who remains a sitting judge at the Lapeer County Circuit Court – was charged with embezzlement related charges for depositing […]

In the case of Highfield Beach at Lake Michigan v. Sanderson, the Michigan Court of Appeals recently ruled on the issue of enforceability of a condominium Bylaw which affected short-term rentals of units. The ruling effectively negated the plan of a new unit owner to use his condominium for rental to vacationers. As a result, the Association was successful in its efforts to limit the types of rentals allowed, similar […]

Attorneys Joel Ashton and Stanley Okoli recently had a homeowners case dismissed on summary disposition pursuant to MCR 2.116(C)(8) and (10). This case involved a residential property subrogation claim in which a leak from a water supply line for a toilet resulted in approximately $290,000 in damages. Pre-suit investigation supported that the subject water supply line, as well as other toilets in the home, showed evidence of having been improperly […]

Attorneys Joel Ashton and Stanley Okoli recently had a third party automobile negligence action dismissed on summary disposition pursuant to MCR 2.116(C)(10) based on the finding that the plaintiff’s alleged impairment had not affected her general ability to lead her normal life. The subject accident involved a significant sideswipe accident by the defendant semi-truck.  The Motion was filed after the conclusion of discovery.  Prior to the filing of the Motion, […]

In this case, Plaintiffs filed a civil rights case seeking damages for the deaths of their sons who were fatally shot during an event at the Defendant membership club where minors allegedly purchased and/or were allowed to consume alcohol. CMDA defended the municipality, Director of Public Safety, and Clerk. Allan Vander Laan, a partner in our Grand Rapids office, and Jennifer Richards, an attorney in our Livonia office, handled the […]

On Tuesday, Nov. 6, 2018, Michigan voters elected by a margin of 56% to 42%　to have Michigan become the 10th state in the country to legalize recreational marijuana use. By mid-December, a Michigan resident will be able to grow their own marijuana plants and smoke marijuana in the comfort of their own home. But what does this mean for employers who want to guard against having employees under the influence […]

Haider Kazim and Matt Cross, both attorneys in our Traverse City office, recently successfully defended an animal control officer of a northern Michigan municipality against claims of malicious prosecution and conspiracy. The issue in was whether the officer had probable cause to issue plaintiff citations for her farm animals running at large. The focal point of plaintiff’s claim was that the first few citations were issued under a county ordinance […]

Greg Grant and Matt Cross, both attorneys in our Traverse City office, recently successfully defended a municipality and police officer against claims of false arrest/wrongful imprisonment and malicious prosecution. The key issue in the case was whether the officer had probable cause to arrest plaintiff for extortion. Finding that the officer had probable case, the Court granted summary judgment in favor of our clients, dismissing plaintiff’s federal claims in their […]

Ken Callicutt was a great college running back, Clemson’s MVP in 1976 and 1977, and MVP of The Senior Bowl in 1977. Unfortunately though, after being drafted by Detroit, Callicutt found himself behind a stable of highly-drafted, superbly-skilled running backs like Lawrence Gaines, Dexter Bussey, Horace King and Billy Sims. Callicutt and Rick Kane–talented backs in the own right–were forced to find other ways to contribute, and contribute Callicutt did […]