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Searching Content indexed under Trials & Appeals & Compensation by Dickinson Wright PLLC ordered by Published Date Descending.
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1
Avoiding The Tennessee Retainage Requirements
In Vic Davis Construction, Inc. v. Lauren Engineers & Constructors, Inc., the Tennessee Court of Appeals approved a contractor's use of closeout costs to "holdback" 5% of the contract price without complying with the...
United States
11 Jul 2019
2
Why The U.S. Supreme Court's Decision To Allow Federal Registration Of FUCT Impacts Every Day Businesses
On June 24, 2019, the U.S. Supreme Court ruled in Iancu v Brunetti that prohibiting federal registration of "immoral or scandalous" marks violates the free speech provisions of the First Amendment.
United States
3 Jul 2019
3
Parental Decision vs. The Nanny State
Arizona Family Courts, like all courts dealing with the trauma and fluid emotions surrounding the break-up of families, constantly grapple with the issue of where to draw the line
United States
17 May 2019
4
Can There Be More Than One "Final Order" For Purposes Of Appeal?
As a general rule, the Michigan Court of Appeals' jurisdiction is limited to appeals of right from a "final judgment or final order." MCR 7.203(A)(1)
United States
10 May 2019
5
Can There Be More Than One "Final Order" For Purposes Of Appeal?
As a general rule, the Michigan Court of Appeals' jurisdiction is limited to appeals of right from a "final judgment or final order." MCR 7.203(A)(1).
United States
2 May 2019
7
Court Rules UBH Coverage Guidelines A Monumental Fixer-Upper
Earlier this month, on March 5, 2019, the U.S. District Court in the Northern District of California filed a 106-page Findings of Fact and Conclusions of Law in the class action Wit v. United Behavioral Health ("UBH").
United States
1 Apr 2019
8
Sixth Circuit Allows Both Punitive Damages And Bad Faith Damages Against Insurance Company On Bad Faith Refusal To Pay
Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat'l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018),
United States
8 Mar 2019
9
Michigan Court Of Appeals Holds That Medical Marihuana Act Does Not Prohibit Employers From Rescinding Offers Of Employment After Positive Tests
On February 19, 2019, the Michigan Court of Appeals held that an employer does not violate Section 4 of the Michigan Medical Marihuana Act ("MMMA") when it rescinds a conditional offer of employment based upon a positive drug test.
United States
6 Mar 2019
10
Caveat Contractor: Arizona Court Of Appeals Interprets Prompt Pay Act As "Prompt Billing Act" To Deny Relief To Unpaid Contractor
The Arizona Court of Appeals recently denied a contractor's claim that the owner had violated Arizona's prompt pay act despite the owner's admission that it had not paid the contractor or objected to the payment application within the statutory time.
United States
5 Mar 2019
11
What To Expect When Mediating Your Divorce Case
Many times the thought of going to court to resolve issues pending in your divorce is frightening.
United States
21 Feb 2019
12
The Sixth Circuit Declares Tennessee's Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
United States
15 Feb 2019
13
Where To Next? Ontario Court Of Appeal Rules That Arbitration Clause Is Invalid, Clearing The Road For Class Action Against Uber
A recent Ontario Court of Appeal decision may have significant implications on the interpretation of "dispute resolution" provisions contained in employment and independent contractor agreements.
Canada
12 Feb 2019
14
Sixth Circuit Affirms Attorneys' Fees For "Enforcement" Of Non-Compete Agreement
In a dispute involving a non-compete agreement with three former employees, the U.S. Court of Appeals for the Sixth Circuit recently upheld a district court decision to award attorneys' fees ...
United States
28 Jan 2019
15
The Sixth Circuit Offers Employers Guidance On The Americans With Disabilities Act's "Interactive Process"
On November 30, 2018, the United States Court of Appeals for the Sixth Circuit, in a published decision, offered guidance to employers regarding the Americans with Disabilities Act's ("ADA") ...
United States
18 Jan 2019
16
Appealability Of Dismissals "Without Prejudice"*
A fundamental rule of appellate jurisdiction is the need for a "final" decision.
United States
2 Nov 2018
17
A Word Of Caution Against Stipulating To A Judgment Or Order Reserving Issues For Potential Future Appeals
With certain limited exceptions, only "final" decisions are appealable as a matter of right.
United States
2 Nov 2018
18
Buyers Beware: Sixth Circuit Holds That Asset Purchaser Can Be Sued For Predecessor's Unpaid Pension Liability
In a typical asset sale transaction, the purchaser takes great care to disclaim any responsibility for the seller's business debts.
United States
1 Nov 2018
19
SPD V. Plan Document: Who Wins?
Conflicts between a benefit plan Summary Plan Description and a plan document are an ever-present concern for plan sponsors.
United States
6 Sep 2018
20
Michigan Court Of Appeals Affirms Beneficiaries Of Irrevocable Trusts May Claim PRE
Ann Breakey ("Petitioner") appealed an order of the Department of Treasury which determined that she was not an "owner" of the property she inhabited for purposes of being granted a Principal Residence Exemption ("PRE").
United States
28 Aug 2018
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