The Michigan Supreme Court has recently held that the employee’s motivation is no longer a determining factor in whether the Whistleblower Protection Act (WPA) protects the employee from an adverse employment action. Since the underlying purpose of the Act is to protect the public, municipalities are most vulnerable to a WPA claim. If government officials, who are bound to serve the public and violate laws, designed to protect the public, […]

Many high income earners believe that they cannot contribute to a Roth IRA.  This is because they are unaware of the loophole they can use by contributing through the backdoor. The income limitations imposed by the Internal Revenue Service create the perceived barrier.  For 2016, the income and contribution limits for a Roth IRA are as follows: Filing Status Modified Adjusted Gross Income Contribution Limit Married, Filing Jointly <$184,000 Up […]

Clients frequently question the value of preparing an employee handbook.  Many small business owners do not provide employees with an updated, legally-sound handbook due to the anticipated time needed to develop it and/or the belief that it is not necessary since they have good relations with their employees.  Providing all employees with information on the company’s policies and guidelines, employee programs, attendance rules, and other work-related rules is one of […]

CASE LAW UPDATE The following Case Law Update summarizes a recent important case.  It is provide to help clients stay up-to-date on recent case law developments in education law. For further information, please contact Patrick Sturdy. Lansing Community College Chapter of Michigan Association for Higher Education v. Lansing Community College Board of Trustees January 21, 2016;  2016 WL 300954 This case concerns the applicability of the Michigan Uniform Arbitration Act […]

If you called CMDA this week, you might have heard a new voice answering your call.  Please join us in welcoming our new receptionist Becca to our Livonia office.  Dezaray, our previous receptionist, is still with the Firm but in a different capacity as general office clerk.  Becca is extremely friendly and is looking forward to greeting clients both in person and over the phone.

CASE LAW UPDATE The following Case Law Update summarizes a recent important case.  It is provide to help clients stay up-to-date on recent case law developments in education law. For further information, please contact Patrick Sturdy. Cass v. Michigan State University and Coalition of Labor Organization at MSU (February 18, 2016; 2016 WL 683145) This was a breach of contract action between plaintiff Cass, a former employee and member of […]

In a recent case, a woman fell and injured her back when brick and mortar steps beneath her crumbled.  The land owner brought, and was awarded, a summary disposition dismissing the case at the trial level. Upon appeal, the Court of Appeals held that the land owner has an actual duty to take reasonable steps to prevent dangerous conditions, which could include the duty to inspect.  However, an injured party’s […]

This past January, the Michigan Unemployment Insurance Agency (MUI) mailed a new determination to employers – Form UIA 6367, Notice of Determination of Employer Charging (Notice). The MUI uses this form to notify employers that they have the potential to be charged for (unemployment) claims for which the employer does not provide timely or adequate information in the calendar year. Michigan law provides that if an employer or its agent […]

Jim Acho, a partner in our Livonia office and finalist last year for the position of Executive Director of the NFL Players Association, was invited back by NFLPA President Eric Winston to give the opening remarks at the 2016 meeting. Winston said the players wanted to hear from Acho again. Mr. Acho delivered his remarks via teleconference from Detroit to the players in Hawaii. “Eric and George Atallah were very […]

As in all premises liability cases, a dangerous condition is open & obvious if “an average user with ordinary intelligence would have been able to discover the hazard and risk presented upon casual inspection.”  The Court of Appeals and Supreme Court have been using this defense to have cases tossed out of court and many Plaintiffs’ attorneys will not take such cases. However, inroads have been made against this open […]