Michigan Business Legal Questions

The answer is "it depends." As a general matter, antitrust laws prohibit certain agreements on price between competitors. However, the purpose of such laws is to promote competition, and an agreement on a maximum price (rather than a minimum price) is generally pro-competition. Also, it matters where the two companies are in the supply chain. Generally, resale price maintenance agreements are permissible.... Read More

As a general matter, our tort system exists to remedy real harm that people suffer, such as serious personal injuries, or lost income, rather than hurt feelings, mild discomfort or inconvenience. Unfortunately, although you may have a technical claim against both the manufacturer and the retailer, that claim has no material monetary value, and you will not be able to find an attorney who will take that claim on a contingent-fee basis. Take a bath, wash your clothes and move on.... Read More

You will need to engage the services of an attorney who practices civil litigation in the place where the work was performed. As a general matter, pain and suffering are not recoverable in an action against a construction contractor for defective work unless you have suffered personal injuries as a result, and legal fees are not recoverable in the absence of a contract providing for fees to the prevailing party. Good luck with it.... Read More

There are going to be two problems with your situation. First, online gambling is currently illegal under internal Michigan law, which I understand to be the state where you reside; accordingly, under a legal doctrine that precludes recovery for participation in illegal activities, you will most likely be denied a recovery in court. Second, you will need to read the terms and conditions of the web site at which you participated. These terms appear to preclude your claim, which seems to have been the result of a technical issue.... Read More

This question is phrased in a way which may suggest some confusion about how past-termination benefits work. As a general matter, an employee has a right to elect continuation of benefits under a federal law called COBRA. If the employee fails to make the election, no benefits are required to be provided. Likewise, no benefits are required to be provided unless the employee pays for continuation of benefits, generally at 102% of the employer's cost. The maximum term of benefit continuation is 18 months for an ordinary termination or reduction in hours.... Read More

You do not specify what kind of "company" you own a portion of, or under the laws of what state it is organized. You also do not specify whether you are a party to an operating or stockholders' agreement governing withdrawing owners. This information is necessary to an evaluation of your claims.... Read More

It appears that you have taken the appropriate steps to have the default judgment set aside -- namely, filing a motion to vacate the judgment on the ground that you were not given timely notice of the pendency of the action. Notice and the right to be heard is a fundamental principle of our judicial system. It is not clear from your inquiry what the basis is on which the judge has refused to set aside the judgment. You should consult with an attorney and do so immediately.... Read More

As a general matter, it is lawful for sellers to enter into exclusive-dealing contracts with distributors of their products, to the exclusion of others. Generally speaking, the antitrust laws of the United States preserve the right of sellers to choose the parties with whom they will do business. Your inquiry does not set forth any facts that would constitute an antitrust violation.... Read More

Unfortunately, no. The check was, in the words of the Uniform Commercial Code, "properly payable" from your account. You are responsible for keeping a check register so that you know which checks are outstanding and have not yet been cashed. While checks become "stale" after the passage of six months (the six-month frame had not yet passed in this case), you are never privileged to assume that an outstanding check will not be cashed unless you have stopped payment on it.... Read More

By "telling them they could run it," you may have abandoned your rights to participate in management. Your rights as a member of an LLC are determined by the operating agreement, or, if you do not have an operating agreement, by applicable state law. What does your operating agreement say about your right to withdraw?... Read More

Each state has a procedure for so-called "deadlock dissolution" of businesses where equal owners cannot agree. Nearly always the procedure results in a settlement where one of the parties is bought out, and the formality of the process usually makes the buyout price a rational one. Consult with an attorney who practices business law.... Read More

As a general matter, if the parties have agreed that "shipment" is a condition to payment, then that is their deal, and a court could well find that there is no commission due until the merchandise leaves the seller's plant. Generally, a "sale" is deemed to take place when the risk of loss passes to the buyer; if the seller continues to bear the risk of loss because the parts are being stored at the seller's plant and at the seller's risk, even though the buyer has paid in full, that would be an additional factor to be taken into account in deferring payment of the commission. An attorney could review the precise terms of your agreement and assist you in determining whether and to what extent you might make an argument that the intention of the parties with otherwise. Without reviewing the detailed terms of the agreement, it is difficult to predict an outcome. Generally speaking, the terms of a written agreement will control the outcome.... Read More