Commercial Litigation Law Blog

Court Affirms $178K Judgment Based on Defendants' Failure to Timely Respond to Discovery Requests

Tuesday, April 17, 2012 by Adam L. Kochenderfer

The Michigan Court of Appeals recently affirmed a trial court’s judgment on the grounds that the defendants did not respond to discovery requests within the time period required by Michigan Court Rules. In Niewenhuis Constr. v. Genesis Equity Group, Case No. 297060 (Mich. Ct. App. Jan. 3, 2012), a construction company brought a claim against defendants seeking $178,742.93 for completed work. The construction company issued requests for admission,... Read More

Posted at 13:43 PM | PERMALINK

Topic: Commercial Litigation

Sanctions for Vexatious Litigation - Seventh Circuit Review

Wednesday, December 7, 2011 by Edward X. Clinton

A review of recent Seventh Circuit cases interpreting 28 U.S.C. Section 1927.... Read More

Posted at 18:25 PM | PERMALINK

Topic: Commercial Litigation

Seventh Circuit Weighs In On Unjust Enrichment Debate in Illinois

Wednesday, December 7, 2011 by Edward X. Clinton

The Seventh Circuit recently considered whether or not a claim for unjust enrichment can be set forth based on the same facts as alleged in a fraud claim.... Read More

Posted at 15:30 PM | PERMALINK

Topic: Commercial Litigation

Sexual Harassment - How Employers Can Avoid Being Pinned Against the Boards

Tuesday, October 25, 2011 by Timothy J. Ford

Timothy J. Ford, Esq. blogs about sexual harrassment - what it is, how employers can be held liable and how employers can avoid these problems.... Read More

Posted at 14:01 PM | PERMALINK

Topic: Commercial Litigation

Contract Law - Court Rejects Impossibility of Performance Defense

Thursday, September 29, 2011 by Edward X. Clinton

The Illinois Appellate Court rejected an impossibility of performance defense. This defense is rarely raised, but in this case was used unsuccessfully by a real estate developer. www.clintonlaw.net... Read More

Posted at 13:18 PM | PERMALINK

Topic: Commercial Litigation

Seventh Circuit Interprets Handwritten Amendment To Written Contract

Thursday, September 29, 2011 by Edward X. Clinton

The Seventh Circuit interpreted a confusing handwritten amendment to a written contract in a commercially reasonable manner.... Read More

Posted at 12:30 PM | PERMALINK

Topic: Commercial Litigation

The U.S. Department of Justice Releases Report on Civil Trials Concluded in 2005 in which Punitive Damages were Requested or Awarded

Wednesday, June 1, 2011 by Joel S. Fass

The U.S. Department of Justice released a report on civil trials concluded in 2005 in which punitive damages were requested or awarded. A summary of the report is printed below. The view the entire report, click here.

This report presents findings on civil trials concluded in 2005 in a national sample of state trial courts in which... Read More

Posted at 13:43 PM | PERMALINK

Topic: Commercial Litigation

Should I Consider a Deed in Lieu of Foreclosure?

Tuesday, May 10, 2011 by Harry A. Payton

A Deed in Lieu of Foreclosure can bring a stop to Miami foreclosure litigation. This is an attractive option for commercial property owners. In addition to stopping any ongoing litigation, or even preventing it in the first place, a Deed in Lieu of Foreclosure minimizes the impact to a property owner’s credit history. ... Read More

Posted at 02:41 AM | PERMALINK

Topic: Commercial Litigation

Michigan Court of Appeals Interprets Molder's Lien Act

Sunday, January 23, 2011 by Scott A. Wolfson

The Michigan Court of Appeals has held that the attachment of a moldbuilder’s lien under the Molder’s Lien Act, MCL 445.611 et seq., requires some form of permanently recorded information on the mold, die or tool identifying the name of the moldbuilder, its street address, city and state. C.G. Automation & Fixture v. Autoform, Michigan Court of Appeals Case... Read More

Posted at 13:51 PM | PERMALINK

Topic: Commercial Litigation