Michigan Lawyers Weekly

1 week ago | milawyersweekly.com | Eric T. Berkman

SUMMARY: Employee earned $270K+ annually through hourly-based structure Guaranteed $800/week for 8 hours; all other time paid hourly Lower court ruled he was exempt from overtime under FLSA 6th Circuit reversed, citing Helix decision from SCOTUS Ruling strengthens salary basis requirements for exemption The 6th U.S. Circuit Court of Appeals has ruled that an employee who was guaranteed $800 pay each week for the equivalent of eight hours work, with each subsequent hour paid hourly, was...

1 week ago | milawyersweekly.com | James Andersen

SUMMARY:Court ruled that online sales via an interactive website established jurisdiction. Plaintiff alleged Lanham Act and copyright violations. Judge found defendant purposefully availed itself of Michigan market. Case reinforces jurisdiction rules for e-commerce trademark suits. An interactive website that permitted a defendant to conduct sales in Michigan was sufficient to establish personal jurisdiction in a trademark suit, a U.S. District Court in the Eastern District of Michigan has ruled.

1 month ago | milawyersweekly.com | Correy E. Stephenson

While the failure to redeem property extinguished the owner’s rights related to the property, it didn’t render moot the issue of whether it was entitled to a surplus from the sale, a panel of the Court of Appeals has ruled. The court also recognized that a credit bid was permissible in a construction lien foreclosure pursuant to the Construction Lien Act, or CLA. “[I]t was not error for the trial court to allow a credit bid, or partial credit bid, during the foreclosure sale,” Judge Noah P.

1 month ago | milawyersweekly.com | James Andersen

Where the driver of a car failed to give his insurer the required notice of an accident, his vehicle is considered uninsured and the victim is entitled to uninsured motorist benefits, the Court of Appeals has ruled. Plaintiff Ibo Ware was injured in an accident when his car was struck by a vehicle operated by Dustin Schilling. The vehicle was owned by Krystal Schilling and insured by State Farm Insurance.

1 month ago | milawyersweekly.com | Eric T. Berkman

A Macomb Circuit Court judge has ruled that the third-party beneficiary of an agreement between a subcontractor and general contractor wasn’t bound by an arbitration provision in the contract. Defendant Ivanovic Construction, the general contractor on a project to build an outside storage lot on property owned by defendant V&D Investments, enlisted plaintiff Florence Cement Company to do the concrete work for the project.