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A Better Partnership

June 2011

Jun 2011
June 08, 2011

COA Opinion: Payment on an open account for the sale of goods is subject to the 4 year limitation period of the UCC.

In Fisher Sand and Gravel Co v Neal A Sweebe, Inc, No. 297156, Judge Owens authored the majority opinion in this case of first impression, holding that the plaintiff's claim for payment on an open account relating to the sale of goods was barred by the four year limitations period in the Uniform Commercial Code (UCC). Judge O'Connell

Jun 2011
June 07, 2011

MSC Opinion: Contracting party's assumption of contractual obligations does not abrogate its preexisting common-law and/or statutory duties to third parties

On June 6, 2011, the Michigan Supreme Count decided Loweke v. Ann Arbor Ceiling & Partition Co, LLC., No. 141168. In Loweke, the Court clarified its prior ruling in Fultz v. Union-Commerce Assoc., 470 Mich 460 (2004) and held that when engaging in Fultz's 'separate and distinct' analysis, courts should remember that

Jun 2011
June 06, 2011

MSC Opinion: An action to quiet title based on adverse possession need not be filed under the Land Division Act

On June 3, 2011, the Michigan Supreme Court granted leave to appeal and decided Beach v Lima, No. 139394. There, the Court "consider[ed] whether a plaintiff who seeks to establish an adverse possession claim that would affect property in a recorded plat must file a claim under the Land Division Act (LDA), MCL 560.101 et seq., if the plaintiff is not expressl

Jun 2011
June 03, 2011

Gov. Snyder asks the Michigan Supreme Court for an advisory opinion on the constitutionality of new tax law

The Detroit Free Press reports today that Governor Snyder has asked the Michigan Supreme Court to issue an advisory opinion on the constitutionality of the new tax law, which will take effect January 1, 2012. His request asks the Court to opine on questions including whether taxing pensions impairs a contract

Jun 2011
June 02, 2011

MSC Order List: June 1, 2011

On June 1, 2011, the Michigan Supreme Court denied leave to appeal in People v Richardson, No. 142334, a case involving an allegation of prosecutorial misconduct. Although the Court did not agree that the prosecutor's conduct jeopardized the fairness of the defendant's trial, the Court was compelled to address some of the prosecutor's comme

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