Are Noncompete Agreements enforceable in Michigan?

Adam Keilen Business/Corporate Law, Litigation

Short answer. Yes, but nuances affect how they are enforced.   Consideration. An enforceable noncompete requires legal consideration. Legal consideration means something was given, a legal value and bargained for exchange; in other words, “this for that.” However, the Michigan Court of Appeals held that “[m]ere continuation of employment is sufficient consideration to support a noncompete agreement in an at-will …

If a contract violates the law, can it still be enforced against me?

Adam Keilen Litigation

Short answer. No. Under Michigan law, courts will generally not enforce a contract that violates a statute or a public policy.  Under Michigan law, parties may enter into any contract, so long as the contract is not contrary to Michigan law and does not conflict with a public policy. Cudnik v. William Beaumont Hosp, 207 Mich App 378, 383-384, 525 …

What is a frivolous lawsuit?

Adam Keilen Litigation

A frivolous lawsuit is a case that has no legal merit, meaning, the case has no basis in fact or law. When a case is lost, it doesn’t necessarily mean it was frivolous; rather, frivolous cases are based on absurd legal theories, or when parties file extreme and outrageous motions, additional suits, or claim bizarre remedies; thus, frivolous claims and …

Offer to Compromise

Adam Keilen Litigation

How do I send the opposing party an offer to compromise without giving them something to use against me in Court? – Keilen Law, PLC Federal Rule of Evidence/Michigan Rule of Evidence § 408 (Compromise and Offers to Compromise) refer to the admissibility of offers to compromise; evidence of the following can’t be used by either party to prove the …

What is a “Temporary Injunction”?

Adam Keilen Litigation

Generally, an injunction is a court order requiring a person to do something or stop doing something. A “temporary restraining order and preliminary injunction” is a “temporary injunction”, as opposed to a permanent injunction, meaning, a temporary order from the Judge to do something or stop doing something until there is a final hearing-trial. Injunctions are common in cases involving …

Can my company sue for business defamation?

Adam Keilen Litigation

Yes. Corporations can sue for business defamation. Each state has different laws regarding defamation; business defamation is a common law action based on false spoken or written statements that injure the business interests of another, thereby deterring third parties from doing business. Business defamation claims must prove that: There was a false and defamatory statement concerning the business; The statement …

Damages for Breach of Contract

Adam Keilen Litigation

How are damages calculated for contract disputes? Expectation Damages. Generally, if your lawsuit involves a contract, the contract damages (also called “expectation damages”) are calculated so as to put you in the same position you would have been in had the contract been performed. In other words, you are entitled to the harm caused by the breach, and will be entitled …

Litigation – Damages in Business Tort Cases

Adam Keilen Litigation

The Michigan Supreme Court, in Schankin v. Buskirk, 354 Mich 390, 93 NW2d 293 (1958), using a flexible approach to damages, held that the rules for damages recoverable in a particular action should yield to the principle of compensation; in other words, whatever approach is most appropriate to compensate, for a client’s particular loss, should be adopted. Business tort compensation …