Michigan Law

In a recently published Michigan Court of Appeals opinion, the court determined that an arbitration provision in a Best Buy employment contract was reasonable and not unconscionable. In this case, Best Buy required all potential employees to sign an employment contract which contained an arbitration provision.

Plaintiff Estate brought a wrongful death claim against Defendant alleging negligence. The Defendant moved for summary disposition. Summary disposition was granted after the Trial Judge determined that the decedent was more than 50% at fault and that Defendant was presented with a sudden emergency. The Court of Appeals reversed the summary disposition and sent the case back for trial.

We have heard the horror stories coming out of states like Florida and California arising from “bad faith” claims against insurance companies. A bad faith claim occurs when an insurance company refuses an opportunity to settle a case within an insured’s policy limits, goes to trial on the case, and a judgment more than the available policy limits is entered against the insured. 

A recent unpublished decision by the Michigan Court of Appeals ruled that property owners may pursue a premises liability claim against their own condominium associations for injuries suffered in common areas. The subject-case involved a condo owner who slipped and fell on an icy sidewalk outside his unit, resulting in injuries to the condo owner.