Author Archives: jeshuatlauka

Tomorrow the Michigan Senate Judiciary Committee will meet to consider recommendations concerning certain bills. See the full committee meeting agenda at the link below: http://www.legislature.mi.gov/(S(01p0h355lm5hedyrzapzi255))/mileg.aspx?page=committeemeeting&objectname=2013-SCS-0be3e630-b23f-4577-a74b-89bb5231896e&chamber=Senate   Among those bills discussed are three proposed bills that would modify “squatters rights” and make certain actions of unlawful tenants a crime. HB5069 Provide exception to liability for damagesContinue reading “Michigan Real Estate Legislative Update: Is There a “Squatter” Epidemic?”

I was in court this past week for an unfortunate scenario: family members were fighting over guardianship for their elderly mother. The primary fight was over where mother would receive proper health care- at home through a home care agency, or through some  nursing facility. As a side note, this case was a classic exampleContinue reading “Michigan Home Healthcare Agency Owner Sentenced to Prison for Medicare Fraud”

Yesterday I posted a guest blog article with Grand Rapids Area Professionals for Excellence (GRAPE) – about pitfalls that businesses should be wary of if they are ever faced with a lawsuit. You can check out that article here: http://grapegr.com/grand-rapids-business-blog/businesses-pitfalls-dealing-lawsuits/   A brief commentary on why I decided on this particular subject.   I decided toContinue reading “Businesses: Pitfalls of Lawsuits – My Guest Blog Post With GRAPE (Epilogue)”

Telemarketing and Auto Sales can both get a bad wrap sometimes (much like lawyers, so I hear :)) A federal District Court Judge’s ruling on October 29th, certainly did nothing to help the reputation for either. The Federal Trade Commission brought a lawsuit against a Canadian telemarketer and four companies he owns for violations of federal law related toContinue reading “Federal Judge Orders Telemarketer to Pay $5.1 Million to Reimburse Victims of Car-Buying Scam”

I have had several business clients come to me about a dispute they were having with some type of service provider. After hearing their story, invariably my first question is always the same “what does your contract say?” They usually send me over a one page document. Pretty simple, right? Not necessarily. In standard businessContinue reading “Lesson in Business Contracts: Those Tricky “Terms and Conditions””

  Huguette Clark left a $300 million estate when she passed away in 2011 at the age of 104.   She had no close relatives when she passed away.   Can you sense the imminent battle over that money, just based on those facts alone?     Now her estate has filed a lawsuit seekingContinue reading “The $100 Million Lawsuit: Estate Sues Hospital That Housed Heiress For Decades”

Someone asked me the other day what I liked to read for fun… I had to admit that I am a nerd. I read case law for fun. I am always interested in whenever a new appellate decision comes out, one of my particular interests is in the area of construction lien law. This areaContinue reading “Michigan Construction Liens and Sworn Statements: Case Law Update”

Today I attended an Executive Briefing co-hosted by the Grand Rapids Area Chamber of Commerce http://www.grandrapids.org and the Michigan Manufacturers Association www.mma-net.org/. The GRACC and MMA teamed up to bring Governor Rick Snyder to Grand Rapids to discuss a ballot initiative that will be decided by voters – on August 5, 2014 – to phase outContinue reading “Michigan Businesses: Eliminating The Personal Property Tax on Your Equipment”

I have a business client was concerned about liability – and what could he do to limit his liability?     That is certainly why a business would create a business entity –  to ensure that the owners of a company are not liable for the debts of the Company. The Michigan Limited Liability Act provides at MCL 450.4501 that:Continue reading “Businesses: So You Want to Limit Your Personal Liability? Not so Fast.”

I drafted an article a while back concerning personal guarantees – You can read it here: https://jeshualaukalegalnews.wordpress.com/2013/05/06/ambiguities-in-the-promissory-note-when-is-a-personal-guarantee-really-a-personal-guarantee/ I just read an opinion decided October 28, 2013 issued from the Eastern District of Michigan concerning a business guarantee. The case is Wells Fargo Bank, Nat. Ass’n v. Canal Crossing Phoenix LLC, 13-10121, 2013 WL 5785793 (E.D.Continue reading “Businesses: Be Careful When Providing a Personal Guarantee of a Business Contract”