News

The Michigan Antitrust Reform Act, MCL 445.771, et seq. (the “Act”) makes it unlawful for persons to contract in restraint of trade or commerce:   “A contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce in a relevant market is unlawful.”   MCL 445.772.  Such legal […]

The Michigan Court of Appeals in Total Quality, Inc v Fewless, ____ Mich App ____ (July 9, 2020) ruled that a non-solicitation restriction extended to business obtained by defendants without active “solicitation.”[1] On first blush, Total Quality seems to conflate non-solicitation restrictions with non-competition restrictions.  But is this really what the Total Quality decision represents?   […]

The onset of the coronavirus (Covid-19) is a wake-up call that the unexpected can strike at any time and we all should have our affairs in order. Legally, this includes a Medical Power of Attorney, Durable Power of Attorney, Last Will and Testament and possibly a revocable trust. Such preparations are important even if your […]

Michigan employers – have you formally designated your employee(s) that are allowed to leave home to work? Governor Whitmer’s “Stay at Home” Executive Order [No. 2020-21] requires businesses and operations to designate in writing on or before March 31, 2020 those workers “necessary to conduct minimum basic operations” and “inform such workers of that designation.” […]

Attorneys beware!  The Sixth Circuit Court of Appeals, in the case of Carter v Hickory Healthcare Inc, ___ F3d ___ (6th Cir Sept. 2018), affirmed a trial court’s imposition of almost $26,000 in sanctions against plaintiff’s attorney “because he had advanced a claim that was clearly time barred.”  The Carter court rejected the attorney’s long list of arguments on […]

An employee’s urine test discloses the presence of the marihuana metabolite, THC-COOH. The employee produces a valid “Registry Identification Card” issued pursuant to the Michigan Medical Marihuana Act [MCL 333.26421, et seq. – MMMA].  He explains he last smoked medical marihuana over the weekend. What can the employer do?  What should the employer do (or not do) […]

An employee is injured in an accident outside of work.  She requests and is granted an unpaid leave of absence under the Family and Medical Leave Act [FMLA].  However, after her twelve (12) weeks of FMLA leave are exhausted, her doctor still has not released her to return to work.  The doctor’s note to the […]

Many employers have inserted mandatory arbitration provisions into their Handbooks.  These provisions require employees to submit all employment-related claims to binding arbitration.  Typically, such provisions look to the American Arbitration Association (AAA) Employment Rules to govern the arbitration proceedings.   Until fairly recently, an employee filing an employment-related claim with AAA against his or her employer […]