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Home / Firm Blog / Case Summaries

Case Summaries

31
January
2014

Michigan Supreme Court to Take On Right-To-Work

In a huge move, The Michigan Supreme Court will take on the challenge of ruling the constitutonality of Michigan right-to-work legislation passed in 2012. The controversial legislation has been in the midst of constant legal battle since it's passing. Read the Detroit Free Press excerpt below for more details:

"The Michigan Supreme Court will rule on whether state employees are covered by the right-to-work law passed late in 2012, the court said today.

Categories: Case Summaries

25
July
2013

GLF Attorney Jennifer Tichelaar Obtains a Non-Dischargeability Judgment

Jennifer Tichelaar, attorney at The Gallagher Law Firm, PLC, recently obtained a nondischargeability Judgment of her Nevada client’s $9,674,057.18 Nevada District Court Judgment. The underlying Nevada state court litigation involved a dispute regarding a casino development project in Dayton, Nevada. 

Categories: Case Summaries

24
December
2012

Michigan Supreme Court on Kim v JPMorgan Chase: If the FDIC wanted to transfer by operation of law, it should have

On December 21, 2012, the Michigan Supreme Court released its opinion on Kim v JPMorgan Chase.  Back in February, we reviewed the opinion by the Michigan Court of Appeals in which MCOA held that since the FDIC assigned Washington Mutual's assets to JPMorgan Chase rather than transferred them by operation of law, JPMorgan Chase needed to record each assigned mortgage in order to foreclose, rendering any foreclosure void ab initio.  MSC agreed that FDIC transferred Washington Mutual's assets to JPMorgan Chase by assignment, not by law, but that any resulting foreclosure is voidable, not void.

Written by: Rebecca Stephen Categories: Case Summaries, Real Estate Law

19
November
2012

Cash under the mattress not as reliable as a receipt for real property purchases

In an unpublished opinion dated November 15, 2012 in Bennett v Bugbee, the Michigan Court of Appeals affirmed the Saginaw Circuit Court’s order denying plaintiff Robert Bennett’s request to quiet title to real property in his favor because there was no evidence that consideration was paid.  This case shows the importance of being able to provide a paper trail, especially when money and real property is involved.

Categories: Case Summaries, Real Estate Law

16
November
2012

Loan modification requirements are two-way streets

In an unpublished opinion dated November 15, 2012 in Bonsu v Ocwen Loan Servicing, LLC, the Michigan Court of Appeals affirmed the Wayne Circuit Court’s order granting summary disposition in favor of the mortgagee.  Attorneys at the Gallagher Law Firm frequently represent parties with foreclosure disputes.  Contact us today.

Categories: Case Summaries, Real Estate Law

09
November
2012

Last Antecedent Rule Used in Hardaway v County of Wayne

The ‘last antecedent’ rule of statutory construction provides that a modifying or restrictive word or clause contained in a statute is confined solely to the immediately preceding clause or last antecedent, unless something in the statute requires a different interpretation.  In Hardaway v. County of Wayne, a published opinion, the Michigan Court of Appeals reversed the Wayne Circuit Court's decision regarding statutory construction of a stateute that gives benefits to "an appointee other than a member of a board or commission who is confirmed by the County Commission."

Categories: Case Summaries, Litigation

12
October
2012

Signature blocks on corporate loan documents matter

Sign HereIn an unpublished opinion dated October 9, 2012 in Marcuz v Steven Premiere Properties & Development, LLC, the Michigan Court of Appeals affirmed the Oakland Circuit Court’s order of judgment following a bench trial that found defendant Steven Branoff personally guaranteed a loan from the plaintiff to the LLC when he signed it twice—once as an officer and again as an individual.

Categories: Case Summaries, Business Law

10
October
2012

Dispute foreclosures within the redemption period

In an unpublished opinion dated October 9, 2012 in Tipton v Flagstar Bank, the Michigan Court of Appeals affirmed the Washtenaw Circuit Court’s grant of summary disposition in favor of Flagstar.  If you are involved in a foreclosure, make sure all promises from the mortgagee are in writing and that you take timely action to preserve your rights.

Categories: Case Summaries, Real Estate Law, Banking/Credit Unions

03
October
2012

Decedent's intent in naming account beneficiaries important even if bank protocol not followed

In an unpublished opinion dated October 2, 2012 in In re Estate of James D. Goodin, the Michigan Court of Appeals affirmed the probate court order equally dividing the proceeds of a bank account. This case stresses the importance of reviewing the beneficiaries on each asset as part of a complete estate plan.  If you need help drafting or reviewing your estate plan, please contact Gallagher Law Firm attorney Craig Gerard.

Written by: Rebecca Stephen Categories: Case Summaries, Estate Planning