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Case Outcomes

Michigan Supreme Court: shareholder-oppression claims against directors and officers don’t get juries

In Michigan, minority shareholders in closely-held corporations can sue directors and officers for illegal, fraudulent, or willfully unfair and oppressive actions. If successful, the oppressed shareholder can get relief ranging from damages to dissolution of the corporation. But who decides whether the shareholder was oppressed and, if so, what the appropriate relief should be? The…

The Michigan Supreme Court construes a “business-use” exclusion

Michigan law requires courts to construe insurance policies as a whole, giving effect to any unambiguous language. These principles are often easier to state than to apply. The Michigan Supreme Court’s recent opinion in Hunt v. Drielick is a case in point. In Hunt, the Court addressed a “business-use” exclusion in a “Insurance for Non-Trucking…

The Sixth Circuit holds that a judge who retaliated against an attorney is entitled to judicial immunity

The doctrine of judicial immunity has deep roots in American law. This doctrine provides that judges cannot be held civilly liable for decisions made in their official capacity. It is designed to preserve judicial independence; if judges could be held liable for their decisions, they would undoubtedly become overly cautious. Decision-making would be motivated not…

Natatorium Law

Well, not exactly natatorium law. But the indoor swimming pool at the Sherman Lake YMCA completed in 1999 now has four published contractual indemnity appellate opinions to its credit and threatens to become a legal subspecialty. In 2009, the Court of Appeals held the lawsuit was time-barred based on application of the statute of repose…

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