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Document(s) published by this organization: 75
Show: results per page Sort by:  | Connection Between Accident and Injury Was "Too Attenuated" for No-Fault
Joseph E. Kozely; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article May 1, 2013, previously published on April 25, 2013 A motorcyclist's spinal cord injury following a crash caused by a seizure did not arise out of the motor vehicle accident that originally caused the seizure disorder. The Michigan Supreme Court held that the connection between the auto accident and the spinal cord injury was "too...
| | Amendments to Open Meetings Act
Karl W. Butterer; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article April 16, 2013, previously published on April 10, 2013 Road commissions, especially those maintaining a website, should be aware of the amendment made in late December 2012 to the Michigan Open Meetings Act (OMA). This amendment is currently in effect and applies to all special meetings, rescheduled regular meetings and meetings recessed more than 36...
| | Amendments to Motor Vehicle Code - Weigh Masters
Karl W. Butterer; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article April 16, 2013, previously published on April 10, 2013 Effective on March 28, 2013, 2012 PA 529 amends the Motor Vehicle Code to state that an authorized agent of a county road commission (e.g. a weigh master) may act as a police officer, without being certified as a police officer under the Michigan Commission on Law Enforcement Standards Act, while...
| | Don’t Lose Your Right to Collect Unpaid Taxes at a Foreclosure Sale
Scott A. Chernich, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article April 16, 2013, previously published on April 15, 2013 Lenders who place a full credit bid can’t recover a deficiency based on unpaid taxes incurred prior to a foreclosure sale according to the decision in Citizens Bank v Boggs.
| | Mortgage Foreclosure is “Debt Collection” Under the FDCPA
Scott A. Chernich, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article April 16, 2013, previously published on April 15, 2013 The foreclosure of a mortgage is “debt collection” under the Fair Debt Collection Practices Act (“FDCPA”) according to the Sixth Circuit Federal Court of Appeals in Glazer v Chase Home Finance, LLC.
| | Dealing with Employment Issues and Complying with the Open Meetings Act
Anne M. Seurynck; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article April 3, 2013, previously published on March 2013 Employment related issues can be sensitive. Often, public bodies are reluctant to talk about issues involving officers and employees openly at meetings. However, generally, meetings of public bodies must be open to the public pursuant to the requirements of the Open Meetings Act ("OMA")....
| | Michigan Overhauls Arbitration Rules
David M. Lick; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article April 3, 2013, previously published on March 27, 2013 Michigan has joined the growing number of states that have enacted the Revised Uniform Arbitration Act (the "RUAA"), which significantly overhauls the state's arbitration rules. The new law takes effect on July 1, 2013.
| | The Seller Breached the Contract but the Purchaser Saved Money as a Result
Ray H. Littleton; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article March 26, 2013, previously published on March 20, 2013 In the automotive world, this scenario is not too uncommon: A supplier in a “just-in-time” inventory arrangement (these contracts involve purchasers of automotive parts who consistently maintain an inventory for merely a few days or weeks, while filling a contract requiring a continuous...
| | Construction Anti-Indemnity Statute Expanded
David M. Lick, Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article March 14, 2013, previously published on March 12, 2013 For decades, Michigan law has prohibited construction contract language that made one party indemnify or be responsible for another party’s sole negligence. The law did allow, however, for indemnification of a public or private owner without a prorated division of liability regardless of the...
| | How the Fiscal Cliff Legislation May Affect Your Business
Foster Swift Collins Smith P.C.;
Legal Alert/Article March 11, 2013, previously published on March 5, 2013 On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (the “Act”) into law. Enacted to address the tax side of the “fiscal cliff,” the Act permanently extended the Bush-era tax cuts for most taxpayers, revised tax rates on ordinary and capital...
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