Staying safe on the roads is in everyone’s best interest. However, keeping yourself or others out of danger is everyone’s responsibility. Getting a traffic ticket ends up costing drivers big time. Traffic tickets and citations cost money...
Plaintiffs purchased a home in Michigan. At the time of the sale, the owners of the home, defendants, had been suffering from dementia for several months and were living in assisted-living facilities. Their daughter, defendant L, as their power of...
In this case, defendant was found to be in possession of marijuana while confined at the County Jail. Another inmate told a corrections officer that defendant had offered her marijuana. The other inmate also overhead defendant’s phone call...
In this case, plaintiff and defendant were married for more than 19 years before filing for divorce. The parties reached a settlement agreement to all aspects of their divorce, apart from distributing plaintiff’s and defendant’s...
Relationships work well when communication is prioritized and misunderstandings can come to rapid conclusions. At some point, disputes come up needing extra effort to resolve. Construction disputes can be confusing, time-consuming, and damaging to...
Decedent died on January 9, 2017. An application for informal probate and appointment of personal representative was filed on February 17, 2017. Decedent’s final will, which was executed on March 21, 2011, was admitted to probate. In relevant...
In this contract dispute, Plaintiff is a designer and manufacturer of plastic components that are sold to manufacturers in the automotive industry. Defendant designs and installs manufacturing systems that are used to produce plastic...
Sometimes agreements don’t go as planned when both sides aren’t upfront with issues. A construction defect takes place when there is a circumstance that lowers the value of a home. Patent defects are those that anyone can see right away,...
The Plaintiffs purchased the property in question in 1992. The property is zoned C-1, commercial district, and may be used for retail sales of goods and services. From 1992 to 2006, the Plaintiffs operated a ceramics shop in the commercial building...
Plaintiff filed a motion to appoint a receiver noting that defendant had defied the court’s authority and was found in contempt, that defendant had refused to pay child support and other money owing to plaintiff, and that defendant had refused to offer any payment or plan for payment relative to his obligations.
In March 2018, defendant filed a motion to change the children’s domicile from Jackson, Michigan to Mishawaka, Indiana, a town approximately 140 miles away.
Plaintiff contended defendant breached the APA by failing to pay it as agreed despite the achievement of the APA’s benchmarks, by failing to provide periodic reports pursuant to the APA, and by failing to pay commissions on the commercial lines and benefits book.
The question presented by the case is whether the operation of a MMCC at this location complies with Section 61-3-354(b)(1) of the Detroit Zoning Ordinance, which prohibits the BSEED from approving any request for a MMCC where located within a drug-free zone.
At issue is whether the color bar and reception desk were the Salon’s trade fixtures. The court found that SOF owned the color bar and reception desk because they were fixtures attached to the premises.
Money is an important factor whenever you work with a professional. When you go through a divorce, your money and time can get even tighter. Hiring a cheap lawyer to handle your case could be attractive. However, they will end up letting you down....
The mother essentially disinherited her family, leaving $1,000 to each of her children, $500 to each of her grandchildren, and a watch to a granddaughter. The remainder of the mother’s estate flowed to the boyfriend.
For a court to issue a PPO under MCL 600.2950a(1), the petitioner must allege two or more separate noncontinuous acts of stalking under MCL 750.411h, which are distinct from one another and are not connected in time and space.
In this case, defendant requested joint legal custody. He testified that he believed that he and plaintiff would be able to co-parent effectively.
When a relationship comes to an end, there are many things to consider. It can be difficult to decide how to proceed with legally ending your marriage. If you are on speaking terms with your spouse, you may have another option to separate more...
In reaching this conclusion, the trial court relied upon the 2013 warranty deed documents that twice expressly provided the 2005 Easement superseded the Original Easement. Review of the 2005 Amendment demonstrated that every aspect of the Original Easement was expressly repeated, modified, or omitted. Nothing in the language of the 2005 Amendment suggests that it is intended to be read in conjunction with the Original Easement.
A party cannot stipulate to a matter before the trial court and then argue on appeal that the resulting action was erroneous.
Defendant’s legal position is that the option to buy expired at midnight on April 22, 2017, and the lack of any tender of payment by that time means the option expired and plaintiff forfeited all rights to the property.
Plaintiff filed for an accounting of the company’s assets, judicial dissolution of the company, and appointment of a receiver.
Pursuant to MCL 700.5204(2)(b), in order for a court to consider appointing a guardian, a petitioner must first establish that 1) the parent permits the minor child to reside with another person; 2) the parent does not provide the other person with legal authority for the minor’s care and maintenance; and 3) the minor is not residing with his or her parent when the petition is filed.
It would be a wonderful world if people followed through on the agreements they make. There would be less stress, anxiety, and time wasted if people held up their end of a contract 100% of the time. The legal process would run much more smoothly and...
The bankruptcy court is a division of the federal district court. Although state courts are bound by the decisions of the United States Supreme Court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts.
In his motion for a new trial, defendant claimed to possess text messages—found sometime after trial concluded—apparently demonstrating (1) sexual infidelity by plaintiff, (2) that plaintiff suffered from undisclosed health concerns, and (3) that plaintiff was deceitful during her trial testimony.
Plaintiff and defendants agree that there was no writing in this case. Thus, the agreement’s terms determine whether it falls within the statute of frauds.
The insurance company refused to pay the $35,000 in death proceeds to plaintiff, maintaining that the policy had lapsed in 1999 for nonpayment of premiums.
The lack of substantiation, again and again, could reasonably call into question plaintiff’s motives and credibility on all matters. The trial court appeared more than open to further considering a motion to modify custody if plaintiff would come forward with supporting documentary evidence, explaining why the court took the unusual step of denying the motion without prejudice.
On April 23, 2018, plaintiff filed suit, alleging (1) breach of contract, namely the University’s failure to use the funds consistent with the terms of the Gift Agreement, and seeking damages or specific performance; (2) breach of fiduciary duty, on account of the University’s failure, as trustee of the charitable trust established by Professor’s gift, to comply with the terms and conditions of the resulting charitable trust; (3) violation of the Uniform Prudent Management of Institutional Funds Act, MCL 451.921 et seq.; and (4) the need for injunctive relief prohibiting the dissipation of funds during the pendency of the case.
Coming to the end of a happy time is a challenge no one wants to deal with in life. The end of a marriage through a divorce can especially be a tough, emotional, and complicated period. Lawyers and judges deciding your future, remembering important...
Plaintiff commenced action against defendant seeking damages since the TRUCK cannot safely tow the fifth-wheel trailer. Plaintiff alleged fraud and innocent misrepresentation.
To minimize unwarranted and disruptive changes in children’s custody, a trial court may only modify children’s custody if the moving party first establishes a proper cause or a change of circumstances. The purpose of this framework is to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
According to E’s affidavit, he disbelieved the validity of the May 2016 Will, but apparently, he took no further action regarding the Will or the coins at that time.
Proceeds received by one spouse in a personal injury lawsuit meant to compensate for pain and suffering, as opposed to lost wages, are generally considered separate property. Moreover, separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
Governmental entities are generally immune from tort liability. A governmental entity can only be subject to suit if a plaintiff’s case falls within a statutory exception. As such, it is the responsibility of the party seeking to impose liability on a governmental agency to demonstrate that its case falls within one of the exceptions.
Plaintiff argued that defendant’s fiduciary duty was to accede to plaintiff’s precise demands and make decisions about matters involving the estate that were in accordance with the outcomes plaintiff desired. Clearly, this is not the nature of a personal representative’s fiduciary duty.
The second amendment to the lease was not provided to plaintiff during the negotiations.
Creating a mutually beneficial real estate deal usually goes through smoothly with both sides presenting their interests then negotiating toward a middle ground they can both agree to uphold. Unfortunately, not all deals go through without an issue....
