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Filing an early motion to strike class allegations
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • August 23 2017

A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to

Bankruptcy Court Grants Relief from Stay to Credit Union to Exercise State Law Rights Related to Setoff Against Funds in which the Debtor's Children Hold an Interest
  • Foster Swift Collins & Smith PC
  • USA
  • February 21 2018

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a case that involved mutual claims between the

The Hidden Change Order: A Claim for the “Value” of Work Performed Despite Insufficient Documentation to Validate a Change Order
  • Saul Ewing Arnstein & Lehr LLP
  • USA
  • November 10 2017

Most construction contracts (particularly AIA and ConsensusDocs agreements) include precise methods for documenting change orders for work

In Case You Missed It - PACA Trust Rights in Bankruptcy are Just Plain Old Secured Claims
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • February 1 2018

Happy 2018! We at The Bankruptcy Cave have been itching to write about the Cherry Growers Chapter 11 case - which really is ground-breaking - but the

Trustee’s Avoidance of Transfer by Chapter 7 Debtors Does Not Necessarily Preclude Debtors from Claiming an Amended Exemption
  • Foster Swift Collins & Smith PC
  • USA
  • November 29 2017

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a bankruptcy case involving a husband and wife

RemediationProperty Access: Federal District Court (Michigan) Considers Whether Damages Can be Obtained for Alleged Failure to Address Contamination in a Timely Manner
  • Mitchell Williams Selig Gates & Woodyard PLLC
  • USA
  • November 2 2016

A party (lessee, seller, adjacent landowner that contaminated another property, etc.) undertaking environmental sampling or remediation pursuant to

The Class Action Chronicle - Fall 2017
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • October 13 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to

In the courts
  • Arent Fox LLP
  • USA
  • July 18 2011

On July 11, 2011, the United States District Court for the Western District of Michigan, on its own motion, stayed the access charge litigation between Lucre, Inc., a local exchange carrier, and Qwest’s long-distance entity, rather than address Qwest’s motion to dismiss several claims in Lucre’s complaint

Allegation of complaint insufficient to establish date claim first made
  • Wiley Rein LLP
  • USA
  • April 16 2007

The United States District Court for the Western District of Michigan, applying Michigan law, has determined that an insurer owes both a duty to defend and a duty to indemnify its insured under a claims-made Architects and Engineers Professional Liability policy despite the insurer's contention that the underlying claim was made prior to the policy's inception

Opportunity for FICA savings on severance
  • Stinson Leonard Street LLP
  • USA
  • March 31 2010

A recent US District Court case for the Western District of Michigan may give employers authority to file for refund claims of FICA (Social Security) taxes on severance pay and to avoid FICA taxation on future severance pay