It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 [...]
Category: Business and Commercial Litigation
Mention of a Non-Party in Affirmative Defense Insufficient to Toll Statute of Limitations as to that Non-Party
In a published decision, the Michigan Court of Appeals has held that mention of a potentially responsible non-party at fault in a class action suit was insufficient as a notice of non-party at fault within the meaning of Michigan Court Rule (MCR) 2.112(K), and therefore insufficient to "toll" the statute of limitations to allow amendment [...]
Bank’s Failure to Raise “Abandonment” of Contract Constitutes Waiver in Breach of Contract Action
In Clapper, et al. v. Zochowski, et al, the Court of Appeals reversed the trial court's ruling granting summary disposition in favor of a bank in a breach of contract action surrounding a loan purchase agreement. The plaintiff sought to purchase a loan obligation held by the bank. The bank was required to produce certain [...]