Michigan Lawyers Weekly

2 weeks 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.

2 weeks 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.

2 weeks 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.

4 weeks ago | milawyersweekly.com | James Johnson

The Court of Appeals has upheld a decision that an off-road vehicle passenger did not set forth sufficient evidence to show that injuries he sustained during a ride were due to the negligence of the driver. Plaintiff Leonard Riley was a passenger in an ORV driven by defendant Trevor Payne and owned by co-defendant Christopher Payne at a campground in July 2021. After a 15-20-minute ride, Trevor hit a rut, causing the ORV to flip and throw Riley from the vehicle.

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

Where a trial court misapplied the operative proximate causation standard under the governmental tort liability act (GTLA) for an Adult Protective Services (APS) employee, a panel of the Court of Appeals reversed the order denying his summary disposition motion and remanded the matter for reconsideration.