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A Better Partnership

January 2014

Jan 2014
03
January 03, 2014

COA holds that a land contract does not create an implied agency relationship between the buyer and the seller

In AFP Specialties, Inc. v. Vereyken, the Court of Appeals considered whether an implied agency relationship existed between the parties to a land contract, thereby allowing the buyer’s contractor to hold a construction lien over the seller’s interest. The Court held that no implied agency relationship was created by the parties’ land contract, reversing the trial court.

Jan 2014
03
January 03, 2014

COA grants broader First Amendment protections to anonymous defendants who are unaware of a pending defamation lawsuit.

In Ghanam v Does, the Michigan Court of Appeals considered when a defamation plaintiff, filing suit against an anonymous internet poster, may seek discovery regarding the poster’s identity. The Court held that the First Amendment required two things before such discovery could be obtained: (1) the plaintiff is first required to make reasonable efforts to notify the anonymous defendant of the lawsuit, and (2) the trial court must determine that the plaintiff’s complaint states a valid claim under the MCR 2.116(C)(8) standard.

Jan 2014
03
January 03, 2014

COA held that premises possessor may be liable for failing to regularly inspect stairs

The Michigan Court of Appeals ruled that premises possessor can be liable for harms caused by latent dangerous conditions if he could have discovered the condition by the exercise of reasonable care. In Grandberry-Lovette v. Garascia, the Court reversed the trial court’s grant of summary disposition to the defendant-possessor, holding that he may be liable for failing to regularly inspect stairs subject to deterioration during Michigan’s winters.

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