Michigan Civil Litigation Legal Questions

If you owe the money, and all the suit is asking for is the money you owe, don't waste more good money trying to fight it. Just let them get the Judgment to which they are entitled. If they are including a fraud count, you do need to fight it. Fees for lawyers will be based on how much time it takes, and that depends totally on the specific case and the issues. Talk to some lawyers and let them know the specifics. Good Luck.... Read More

Absolutely.  The results of breath tests are not exact.  Any time the government tries to estimate how much alcohol is present in a breath sample you provide, the results will not be 100% accurate.  You need to hire an DUI attorney who has successfully challenged the result of breath alcohol estimates/tests.  The results of the test can vary anywhere from 5-9% just based on the machine that is used to test you.  This does not include factoring in the physiological/biological differences inherent in the test subjects.  I would highly recommend you contact an experienced DUI attorney in Michigan for a free consultation.... Read More

Do I understand you correctly?  Are you asking if you can keep the money you were paid for a machine which you didn't own and couldn't deliver to the buyer?  The answer is no.  In fact, when youj sold the gator, you warranted (unless there was an express disclaimer, which I'm sure there wasn't) that you had good title to it.  While you may not have known that the representation was false, you nevertheless breached the contract, and the buyer can sue you for any damages he sustained as a result of that breach, which may not be limited to the money he paid (for example, you could possibly be held liable if the buyer paid someone a non-refundable deposit to transport the equipment.)  Of course, you have the same rights against the person who sold you the gators.... Read More

Collateral estoppel could apply if the same issues were necessarily resolved in the prior proceeding, even if the actors are different, and even if the party asserting the estoppel (or, less often, both parties) are different.  The questions are (a) whether the issue is the same as one which was resolved in the earlier proceeding); and (b) whether the party being estopped (or sometimes a different but affiliated party representing the same interests as the party sought to be estopped) had a full and fair opportunity to litigate the issue in the  prior proceeding.  If I knew more about the issues, I might be able to give you a more definitive answer.... Read More

I'm not sure what you mean by rights of court, but you do not have a right to have your dispute adjudicated in a court if you have agreed to arbitrate.  In most states, arbitration awards must be confirmed by a court to be enforceable, but the grounds for opposing confirmation are very narrow and it is normally a perfunctory function.... Read More

What do you mean "her boss will not let her move out of state?"  How is the boss stopping her?  Are you saying that the boss will not allow your friend to transfer to another employment position in the same company out of state?  Because other than that, I see no legal way for the boss to prevent your friend from moving. ... Read More

Very, very, slight.  What damages did you suffer?  Did you eat the cube?  If you had, what would have been the consequences - in other words, were you endangered in any way?  Did you eat the remaining chips?  From what you write, all that you have suffered is that you have paid slightly too much for a bag of doritos which had slightly fewer chips that it should have.... Read More

Under the fifth amendment to the U.S. Constitution, a witness has the right not to incriminate themselves, and thus can't be forced to answer questions where the answer might tend to do so.  However, in a civil case, a witness's refusal to answer on fifth amendment grounds can give rise to an inference that he answer would have been incriminating.  For example, if you ask the other driver in a motor vehicle accident which is the subject of a civil suit "Isn't it true that the light was red on your side when you entered the intersection?", and he/she refuses to answer on 5th amendment grounds, the jury is permitted to conclude that the answer would have been yes.... Read More

Almost certainly not.  You have not provided any basis for me to think that the owner of the camper was negligent or acted unreasonably in any way.  Unless there are circumstances which you have not mentioned, it seems very unlikely that a reasonable person would think that the motor  home owner should have foreseen that his guest would punch you.  It also seems very unlikely that any reasonable person would consider the fact that the motor home owner allowed this woman to stay in his home to be the proximate cause of his injuries.... Read More

You can't be sued for insulting someone per se, but you can be sued for defaming someone.  Thus, if you called your landlord a jerk, that is not actionable.  Also, defamation does not occur unless you communicate the defamatory statement to a third party, or have reason to know that it will be disseminated to third parties, so private communications with your landlord are not defamatory.  However, if you accused him of stealing your money, and communicated that statement to any third party (such as by copying someone else on the email or posting your comment on facebook), the landlord might be able to sue you successfully for defamation.  Calling someone a "crook" might or might not be considered defamatory, depending on the circumstances and context.   Some jurisdictions also have some restrictions on some types of "hate speech", such as calling someone a racial epithet under certain circumstances.  Calling someone a crook would not seem to implicate such a statute (and anyway such a law may, if applied in certain circumstances, be invalid as violative of your first amendment right to free speech).... Read More

If your son is alive, only your son may sue.  If he was killed, you might sue for wrongful death under certain circumstances.  If your son is a minor, you must petition the court with jurisdiction over the case to be appointed a special guardian for your son to bring the lawsuit for his benefit; this is called a "Guardian ad litem."  You may sue for your own expenses such as medical bills.  Good luck. ... Read More

The outcome of this question may depend on where the recording took place and whether you had a reasonable expectation of privacy at that place. For example, if you told the dirty jokes in an open, customer-service area, the result might be different from telling them in a locker room or bathroom. It is impossible to provide a categorical answer from the facts presented. As a general matter, employers may terminate employees for any reason or no reason at all.... Read More