Category

Case Outcomes

Moloughney and Smith Obtain Summary Disposition for Insured Client in Wayne County Circuit Court

Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff contended that the client negligently hired a contractor to perform excavation around the client’s home. The excavator became trapped in a collapsed ditch and plaintiff, a Grosse Pointe Shores Department of Public Safety officer, responded…

The attorney-client privilege can come with a price

The attorney-client privilege is one of the oldest and most revered evidentiary privileges in our legal system. But as the Michigan Court of Appeals recently held in Odeh v Auto Club Insurance Association, assertion of this privilege is not always without cost. The plaintiff in Odeh was in a car accident in 1998 and sustained…

Integration clauses and collateral matters

Integration clauses in contracts for the sale of property are not always a guarantee against later claims of fraud, as shown by the Court of Appeals’ recent opinion in Jenson v. William B. Gallagher Revocable Trust. The Jensons purchased real estate near Dewey Lake in Silver Creek Township, Michigan. They claimed that, while viewing the…

Recent victories for Collins Einhorn’s appellate attorneys

Collins Einhorn’s appellate department has had a number of significant victories in the past week. Noreen Slank and Geoff Brown obtained an opinion from the Michigan Court of Appeals that reversed a $1.2m judgment and remanded for entry of summary disposition in the client’s favor. Noreen also secured a win in favor of an attorney-client…

“Open account” and “account stated” claims are independent causes of action with their own statutes of limitations

Collections actions involving the sale of goods often include two varieties of “account” claims in addition to traditional breach of contract theories: “account stated” and “open account.” Generally, an account stated claim alleges the failure to pay an agreed-upon balance, while an open account claim alleges an agreement to hold open a line of credit…

Michigan Court of Appeals tells attorneys: You too can appeal a fee award!

It isn’t unusual for a trial court to order one party to pay another party’s attorney fees at the end of litigation. There are several court rules and statutes that require such orders. But when attorney fees are awarded, the question quickly becomes “how much?” When the trial court awards less than what the party…

The Michigan legislature violated the state constitution by altering public employee compensation without input from the Civil Service Commission

The Michigan legislature cannot change public employees’ compensation without input from the State Civil Service Commission. Pension contributions are part of an employee’s compensation. Consequently, the Michigan legislature violated Michigan’s Constitution by altering pension contributions for public employees without input from the Commission. This, in a nutshell, was the Court of Appeals’ conclusion in Michigan…

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