Real Estate | Fraser Blog

Five Stories That Matter in Michigan This Week – August 2, 2024

DOL Issues Bulletin to Wage and Hour Field Staff Regarding AI Use in Workplace

The United States Department of Labor recently issued a Field Assistance Bulletin to its Wage and Hour Division field staff regarding the application of the Fair Labor Standards Act (FLSA) and other federal labor standards as employers increasingly use artificial intelligence (AI) and other automated systems in the workplace. For example, the bulletin advises that, “Reliance on automated timekeeping and monitoring systems without proper human oversight, however, can create potential compliance challenges with respect to determining hours worked for purposes of federal wage and hour laws.”

Why it Matters: As AI use becomes more pervasive across businesses, employers must be aware that their use of AI can create legal compliance challenges, and that regulatory agencies are paying attention to these issues.

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Michigan Supreme Court Rules Against “Adopt and Amend”

In Mothering Justice v Attorney General, a 105-page. 4-3 party-line decision, the Michigan Supreme Court ruled that the state Legislature lacked the authority to “adopt and amend” two employment-related ballot initiatives in 2018.

Why it Matters: In its ruling, the Court ordered that increases to the state’s minimum wage and tipped wage laws, and the expansion of the state’s earned sick time laws will go into effect February 21, 2025.

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Michigan CRA Files Formal Complaint Against Adult-Use Marijuana Processor

The Michigan Cannabis Regulatory Agency recently filed a formal complaint against Sky Labs LLC, an adult-use marijuana processor, alleging that the business received THCA isolate from an out-of-state business to convert to marijuana distillate and disguised the purchase in the METRC monitoring system as Sky Labs LLC does not have the proper license to convert THCA isolate to marijuana distillate.

Why it Matters: The CRA intends to impose fines and/or other sanctions against Sky Labs, LLC, which include suspension, restriction, or revocation, of the business’s license.

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Federal Judge Upholds FTC Ban on Non-Compete Agreements

A federal judge recently denied a tree-trimming company’s bid to block the FTC’s ban on non-compete agreements, following the agency issuing the final rule in April, which is set to take effect on September 4, 2024.

Why it Matters: Under the final rule, “Non-compete clause” is defined as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) operating a business in the United States after the conclusion of the employment that includes the term or condition.” The final rule covers all entities subject to the FTC Act (generally, most for-profit entities, but not non-profit organizations). Read more from your Fraser Trebilcock attorneys.

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Michigan Supreme Court Rules that Condo Association Owes Duty of Care to Co-Owners for Premises Liability

In a ruling on July 11, 2024, the Michigan Supreme Court overturned previous case law and redefined the legal relationship between condominium associations and their co-owners with respect to premises liability.

Why it Matters: The Court ruled that when using common areas of the condominium, a co-owner is deemed to be an invitee. This classification requires the condominium association to exercise reasonable care to protect co-owners from hazardous conditions in these shared spaces. Learn more.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | David Houston
Cannabis Law | Sean Gallagher
Real Estate | Andrew Moore

Five Stories That Matter in Michigan This Week – July 26, 2024

No Ballot Measures Have Been Approved for the November Election in Michigan

While most of the attention on the upcoming election has been focused on the presidential candidates, one thing that’s noteworthy is that there may be no ballot initiatives for Michigan voters to consider on November 5, 2024.

Why it Matters: There have been a number of high-profile statewide ballot initiatives in recent years, including ones related to marijuana legalization, an independent redistricting commission, election rules and abortion rights. Proposals to eliminate property taxes in Michigan and to raise the minimum wage to $15 by 2027, as well as other petition drives undertaken this year have failed.

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Second Quarter Cannabis Sales Top First Quarter in Michigan

The last three months of cannabis sales in Michigan have equaled $836,999,633.86, an increase of over $40 million compared to the first three months of cannabis sales in 2024 for Michigan, which equaled $792,692,363.81.

Why it Matters: Marijuana sales remain strong in Michigan, particularly for recreational use. However, there still are significant concerns about profitability and market oversaturation that the industry is contending with.

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Michigan Cannabis Exceeds $278 Million in June ‘24

Cannabis sales surpassed $278 million in June, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $277,404,034.21, while medical sales came in at $1,436,084.60, totaling $278,840,118.81.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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Michigan Supreme Court Rules that Condo Association Owes Duty of Care to Co-Owners for Premises Liability

Why it Matters: The Court ruled that when using common areas of the condominium, a co-owner is deemed to be an invitee. This classification requires the condominium association to exercise reasonable care to protect co-owners from hazardous conditions in these shared spaces. Learn more.

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A Health Professional’s Guide to Navigating the Disciplinary Process: What to Expect if You Are Facing a Professional Licensing Investigation or Administrative Complaint

Health professionals are committed to caring for patients with expertise, compassion, and integrity. However, in the heavily regulated healthcare field, those professionals can sometimes find themselves navigating not just the medical challenges of their patients but licensing issues of their own as well. Licensing issues can arise unexpectedly, and, when they do, they can cause tremendous stress and uncertainty.

Why it Matters: As an attorney with years of experience handling professional licensing matters for health professionals, Robert J. Andretz has witnessed firsthand how professional licensing investigations and Administrative Complaints can disrupt health professionals’ careers and their ability to provide patient care. He will explore how to navigate the disciplinary process in Michigan so that you can know what to expect if you are ever faced with a threat to your license. Learn more.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Real Estate | Andrew Moore
Professional Licensing | Robert Andretz

Michigan Supreme Court Rules that Condo Association Owes Duty of Care to Co-Owners for Premises Liability

In a ruling on July 11, 2024, in the case of Janini v. London Townhouses Condominium Association, Docket No. 164158, the Michigan Supreme Court overturned previous case law and redefined the legal relationship between condominium associations and their co-owners with respect to premises liability. The Court ruled that when using common areas of the condominium, a co-owner is deemed to be an invitee. This classification requires the condominium association to exercise reasonable care to protect co-owners from hazardous conditions in these shared spaces.

Background

The case began when Daoud Mousa Janini, a co-owner and resident of a condominium unit managed by London Townhouses Condominium Association, suffered injuries after falling on a snow- and ice-covered sidewalk within the common area of the condominium complex. Janini and his co-plaintiffs filed a lawsuit against the association, which is responsible for managing and maintaining the common elements of the complex, including sidewalks and parking lots.

The trial court initially allowed the premises liability claim to proceed, but the Michigan Court of Appeals reversed this decision, following the precedent set in Francescutti v Fox Chase Condo Ass’n. 312 Mich. App. 640 (2015). However, the Michigan Supreme Court took a different view, ultimately overturning both the Appeals Court ruling and the Francescutti precedent.

The Supreme Court’s Decision

The Supreme Court determined that a co-owner of a condominium unit should be considered an invitee when using the common elements of the condominium. This classification is crucial in premises liability law, as it imposes a higher duty of care on the property possessor. As a result, the Court ruled that condominium associations have a duty to exercise reasonable care in protecting co-owners from dangerous conditions in common areas.

The Court emphasized that the critical factor in premises liability cases is not land ownership (co-owners have a shared property interest in condo common elements) but rather who has possession and control over the property. In condominium settings, co-owners cede control of common elements to the association, justifying the association’s duty of care to a co-owner as invitee, according to the Court.

Implications of the Ruling

Co-owners now have a path to pursue premises liability claims against their condominium associations for injuries sustained in common areas, significantly strengthening their legal position in such disputes. Conversely, condominium associations now face an expanded duty of care towards co-owners, necessitating a reevaluation of their operational practices, including enhanced maintenance and safety protocols.

There are also important implications for insurance companies who provide coverage for condominium associations. They will need to reassess their coverage policies and premium structures for condominium associations. The increased potential for liability claims may necessitate higher coverage limits to adequately protect associations from the financial risks associated with premises liability lawsuits. This expanded liability exposure could potentially lead to increased premiums, as insurers adjust their risk calculations to account for the new legal standard.

The Bottom Line

The Janini v. London Townhouses Condominium Association decision marks a significant shift in Michigan condominium law by recognizing co-owners as invitees in common areas and imposing a corresponding duty of care on associations.

This Supreme Court decision represents a continuation of the obvious intent of this State’s highest Court (given its current make-up) to increase the ability of persons injured to pursue lawsuits. In the end, the Janini decision will result in higher insurance premium costs to condominium associations which in turn will be passed along as increased condominium dues to individual condominium owners.

The Plaintiff’s bar will likely benefit the most from our Supreme Court’s current efforts to open the door to personal injury lawsuits which had previously been barred.

If you have any questions or require assistance, please contact Andrew J. Moore or your Fraser Trebilcock attorney.

This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions.

Andrew J. Moore is an attorney at Fraser Trebilcock with experience covering a range of practice areas, from auto and property insurance defense, commercial, construction, and probate and trust litigation, and general civil litigation, including business and family matters. You can reach him at 517.377.0848 or at amoore@fraserlawfirm.com.

Five Stories That Matter in Michigan This Week – June 28, 2024

Proposed Michigan Legislation to Attract Data Centers Gets Pushback from Environmental Groups

Proposed legislation to expand tax incentives aimed at attracting large data centers to Michigan is making its way through the Michigan legislature. The bills would create a new sales and use tax exemption for “enterprise data centers.”

Why it Matters: Data center development, driven by the immense computing needs of artificial intelligence, is exploding across the country, and these bills could make Michigan a more attractive option for such development. Environmental groups, however, are opposing the new legislation, arguing that the massive energy resources required by data centers would stand in the way of Michigan achieving its clean energy goals.

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Criminal Defense and Professional Licensing Attorney

Helping clients for more than two decades, Robert J. Andretz is an experienced criminal defense and professional licensing attorney who has successfully represented clients in both state and federal courts in felony and misdemeanor cases in more than 50 counties across the state of Michigan.

Why it Matters: Robert Andretz is passionate about what he does, and, understanding the direct and collateral consequences that a criminal conviction or professional licensing sanction can bring, he compassionately works with his clients to focus on what matters most to them. Learn more and to contact Rob.

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Fraser Trebilcock Attorney Obtains Full Dismissal for Firm Client

Fraser Trebilcock Shareholder and Real Estate Department Chair Jared A. Roberts obtained full dismissal of another Bureau of Professional Licensing complaint brought against a real estate brokerage and a salesperson.

Why it Matters: “The key to understanding and properly defending this case,” Jared advised, “was to perform a comprehensive review of all communications.” Once that was done “we were able to find party consent for an action that the Complainant and the Department were alleging was unauthorized.” As Michigan’s leading real estate broker defense attorney advises, carefully preserve all communications in your deal file – they may be instrumental in your defense. Learn more.

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Michigan CRA Publishes May ’24 Data: Average Price Increases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sale of an ounce of cannabis in May was $88.15, an increase from $86.61 in April. This is a decrease from May 2023, where the average price was $90.64.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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Election Year Considerations for Exempt Entities

As another election season approaches and the candidates and issues begin to come into focus, now is a good time to review the regulations that govern exempt organizations and their involvement in politics.

Why it Matters: This article focuses on the direct activities of certain exempt entities and not on the use and function of affiliate organizations, such as a Political Action Committees (PACs). Exempt entities may find it useful to establish a PAC for use in organizing and operating the political and lobbying activities supportive of the organization’s exempt purpose. Read more from attorney Bob Burgee.

Related Practice Groups and Professionals

Professional Licensing | Robert Andretz
Real Estate Law | Jared Roberts
Cannabis Law | Sean Gallagher
Business & Tax | Robert Burgee

Five Stories That Matter in Michigan This Week – June 21, 2024

Michigan is Top Cannabis Market in Country by Sales Volume

The Detroit Free Press recently reported that Michigan surpassed California as the top cannabis market in the country by sales volume, despite having one quarter of California’s residents.

Why it Matters: The growth of Michigan’s cannabis market is significant over the last five years. However, despite having higher sales volume, the dollar volume of California’s sales is much higher ($5.1 billion in California vs. $3 billion in Michigan). Michigan’s market continues to be plagued by declining product prices and profitability.

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Michigan Enacts Legislation Requiring Equal Insurance Coverage for Mental Health Treatment

Governor Whitmer recently signed into law legislation (Michigan Public Act 41 of 2024) requiring insurance providers in Michigan to provide coverage for mental health and substance abuse disorder treatment in a manner equivalent to medical coverage.

Why it Matters: This means that insurance providers cannot impose greater financial (e.g., co-pays, deductibles, or out-of-pocket maximums) or quantitative restrictions (e.g., limits on frequency of treatment, number of visits, days of coverage) on mental health and substance abuse disorder treatment coverage in their plans than they would for medical coverage.

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Election Year Considerations for Exempt Entities

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Fraser Trebilcock Attorney Obtains Full Dismissal for Firm Client

Why it Matters: “The key to understanding and properly defending this case,” Jared advised, “was to perform a comprehensive review of all communications.” Once that was done “we were able to find party consent for an action that the Complainant and the Department were alleging was unauthorized.” As Michigan’s leading real estate broker defense attorney advises, carefully preserve all communications in your deal file – they may be instrumental in your defense. Learn more.

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The Ins and Outs of Cottage Succession Planning in Michigan (Part Two)

A cottage plan is an agreement that describes how a cottage will be shared, managed and passed on to future generations of family members. Cottage plans typically cover a range of issues that can impede the succession of a cottage if left unaddressed.

Why it Matters: There are significant advantages to having a cottage plan that utilizes an LLC or trust structure. There is no single option that is best for all families, so it’s important to consult with an experienced cottage law attorney to determine what option is right for you. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Business & Tax | Robert Burgee
Real Estate Law | Jared Roberts
Cottage Law | Mark Kellogg

Five Stories That Matter in Michigan This Week – June 14, 2024

National Business Groups Sue Over New DOL Overtime Rules

On April 23, 2024, the U.S. Department of Labor (DOL) released its much-anticipated final rule related to federal overtime guidelines under the Fair Labor Standards Act (FLSA). Effective July 1, 2024, the minimum salary for exemption from overtime as an executive, administrative, or professional employee will increase from $684 per week ($35,568 annualized) to $844 per week ($43,888 annualized). On January 1, 2025, this threshold will further increase to $1,128 per week ($58,656 annualized). The rule also raises the minimum total annual compensation level for exemption as a “highly compensated employee” from $107,432 to $132,964 effective July 1, 2024, and to $151,164 effective January 1, 2025. These thresholds will continue to be adjusted every three years starting July 1, 2027. A group of national business associations recently sued to prevent the implementation of the DOL’s new rule.

Why it Matters: If the rule goes into effect as planned, it will have a substantial impact on businesses, requiring them to either raise salaries for certain employees or reclassify them as non-exempt and pay overtime wages. While the rule is being challenged, it’s uncertain whether this or any other lawsuits that may be brought will slow down or stop the rule’s implementation before the rule takes effect.

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Election Year Considerations for Exempt Entities

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Gain Peace of Mind Through Life’s Toughest Challenges

Family law involves deeply personal and often emotional issues – that can be as complicated as they are sensitive. A strong family law attorney understands the judicial processes and procedures, while also handling your case with care and compassion.

Why it Matters: Fraser Trebilcock attorney Paula C. Spicer has over a decade of experience assisting clients in family law matters. Paula compassionately and efficiently works with clients to help them understand their options and navigate the often challenging and emotional situations. Learn more how she may be able to assist.

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Fraser Trebilcock Attorney Obtains Full Dismissal for Firm Client

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The Ins and Outs of Cottage Succession Planning in Michigan (Part One)

When purchasing a cottage, it’s often the intent of the owner to pass the cottage on to future generations to enjoy. Unfortunately, that vision may not become a reality due to challenges such as high property taxes, differing objectives among heirs and resulting family disputes that result in the cottage being sold upon the owner’s death.

Why it Matters: Common issues that prevent the passing of a cottage to future generations in Michigan can be addressed through careful cottage succession planning. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Five Stories That Matter in Michigan This Week – September 29, 2023

Detroit Mayor’s Land Value Tax Plan Moves to House Floor

Earlier it was covered that Detroit Mayor Mike Duggan spoke to lawmakers at the House Tax Policy Committee hearing on his land value tax plan. The Committee passed the proposed plan, and it now moves onto the House Floor.

Why it Matters: According to the plan laid out online, if enacted, would replace certain tax rates for homes and property structures with a higher rate of tax on land, with the purpose of targeting unused, unproductive, or vacant land while providing benefits to homeowners and businesses.

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Momentum Builds for Michigan Clean Energy Bill

Clean energy bill sponsors in the Michigan Senate took public testimony during a committee hearing last week, as the Michigan legislature continues to push for comprehensive clean energy legislation. Among policies being debated include setting a carbon-free energy standard, reducing energy waste, increasing access to solar power, and expanding electric vehicle charging stations.

Why it Matters: Beyond environmental goals, access to significant federal funding hangs in the balance. In order to access certain funds allocated under the federal Inflation Reduction Act, states must adopt certain clean energy standards into law.

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Employee Benefits Attorney

Fraser Trebilcock is seeking applications for a position in our Firm from well-qualified attorneys with strong experience in employee benefits, including employer sponsored retirement plans, employee health plans and general ERISA compliance.

Why it Matters: The successful candidate should have a solid and portable client base. Fraser will consider candidates who may lack a portable client base provided they have a solid background in these practice areas and demonstrate an aptitude for client service and growth. Learn more and to apply.

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Michigan 2023 Cannabis Sales Through 6 Months Exceeds 2022 Sales by Almost $400 Million

Per data released by the Cannabis Regulatory Agency, through six months of sales in 2023, totaling $1,426,137,854.75, Michiganders have exceeded sales compared to 2022 data through six months, which totaled $1,029,451,152.66. This is an almost $400 million increase through the first six months of this year.

Why it Matters: Marijuana sales remain strong in Michigan, particularly for recreational use. However, there still are significant concerns about profitability and market oversaturation that the industry is contending with.

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Business Education Series – Maximizing Productivity: Strategies for More Effective Workdays

Productivity is a habit and it’s something you can become better at every day by choosing the methods and tricks that work for you.

Why it Matters: In the October Business Education Series program, Emmie Musser, Future of Work Strategist with TechSmith, is going to discuss some tried-and-true strategies for more productive and effective workdays. Learn more.

Related Practice Groups and Professionals

Real Estate | Jared Roberts
Energy Law | Mike Ashton
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – September 15, 2023

Michigan House Bill Would Provide Tax Credit for High School or College Graduates Who Move to Michigan

Michigan House Bill 4934, which is pending in the House, would provide tax incentives for high school and college graduates outside of Michigan to move to the state. The bill would allow them to claim a tax credit the taxpayer paid on a qualified student loan during the tax year on student loans paid starting Jan. 1, 2024.

Why it Matters: The bill would address two challenges: (1) the heavy burden of student loan debt for many young people, and (2) the “talent gap” faced by Michigan employers.

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Attorney Michael H. Perry Honored as “Lawyer of the Year” in Environmental Law in Lansing

Fraser Trebilcock attorney Michael H. Perry has been named the Best Lawyers in America^© 2024 Environmental Law “Lawyer of the Year” in Lansing. This is a high distinction, as only one attorney in each practice area in each community is identified as “Lawyer of the Year.”

Why it Matters: “I am honored to be recognized by Best Lawyers^©as a 2024 ‘Lawyer of the Year’ for Environmental Law in Lansing,” said Mike Perry. Because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers^©is considered a singular honor. Only five percent of attorneys in Michigan are awarded the honor. Read more about Mike.

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Detroit Mayor Discusses New Land Value Tax Plan With Lawmakers

This week, Detroit Mayor Mike Duggan spoke to lawmakers at the House Tax Policy Committee hearing on his land value tax plan, which would change property taxes while encouraging economic growth across Detroit.

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Michigan Cannabis Sales Exceed $276 Million in August

Cannabis sales surpassed $276 million in August, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $270,628,119.44, while medical sales came in at $5,643,278.24, totaling $276,271,397.68.

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Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series.

Why it Matters: From understanding the capabilities of AI models like ChatGPT to creating customized workflows using API integrations and automation tools, discover how AI can drive innovation and efficiency across industries. Learn more.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Environmental Law | Mike Perry
Real Estate | Jared Roberts
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – September 1, 2023

Will Michigan High School Athletes Gain NIL Rights?

Michigan House Bill 4816, sponsored by Rep. Jimmie Wilson Jr. (D-Ypsilanti), would allow high school athletes in Michigan to profit from name, image and likeness (NIL) deals if passed.

Why it Matters: 19 states have laws that allow high school athletes to profit off of use of their NIL. The market for NIL deals is growing—various projections estimate that NIL revenue earned by athletes will top $1 billion this year.

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Fraser Trebilcock is proud to announce that 10 attorneys from the firm have been selected for inclusion in The Best Lawyers in America© 2024 edition in Lansing. Only five percent of attorneys in Michigan are awarded with the honor.

Why it Matters: Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey in which almost 87,000 leading attorneys cast nearly ten million votes on the legal abilities of other lawyers in their practice areas; because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Learn which Fraser attorneys were selected.

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Hosting an Event that Involves Cannabis in Michigan Requires Proper Licensing

As the legal cannabis industry continues to grow in Michigan, more events involving the consumption of cannabis are being hosted across the state. As the Cannabis Regulatory Agency (CRA) discussed in a recent information release, such events require proper licensing. Specifically, according to the CRA, “CRA rules require a person who allows consumption of marijuana products on the premises of a non-residential location – and charges a fee for entry, sells goods or services while individuals are consuming on the premises, or requires membership for entry – must acquire either a designated consumption establishment license or a temporary marijuana event license. An application for a temporary marijuana event license must be submitted 90 days prior to the date of the event.”

Why it Matters: Violations of requirements may result in disciplinary action.

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Housing Inequality May be on the Michigan Legislature’s Agenda this Fall

Recent news reports suggest that one of the Michigan’s legislature’s priorities for this fall will be to pass a slate of bills meant to address housing inequality. This may include a 15-20 omnibus bill package addressing issues such as (according to Mlive.com) “efforts to clarify the organizing rights of tenants, requiring landlords pay for the relocation of tenants with red-tagged buildings and establishing a standard criteria for what a housing inspector may consider a safe and livable dwelling.”

Why it Matters: With high mortgage rates and low for-sale housing inventory, affordable housing is a hot-button issue for many Michiganders. Data from the National Low Income Housing Coalition’s Out of Reach report ranked Michigan 28th worst in the nation for rental affordability.

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Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Real Estate | Jared Roberts
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – August 25, 2023

Housing Inequality May be on the Michigan Legislature’s Agenda this Fall

Why it Matters: With high mortgage rates and low for-sale housing inventory, affordable housing is a hot-button issue for many Michiganders. Data from the National Low Income Housing Coalition’s Out of Reach report ranked Michigan 28th worst in the nation for rental affordability.

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Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series.

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Michigan Supreme Court Clarifies the Difference Between “Requirements” and “Release-by-Release” Contracts Under the Uniform Commercial Code

In an important decision that impacts customers and suppliers in the manufacturing industry, the Michigan Supreme Court, in MSSC, Inc. v. AirBoss Flexible Prods. Co., clarified the contractual circumstances under which a supplier can become bound to a long-term “requirements contract” under the Uniform Commercial Code.

Why it Matters: In light of the Supreme Court’s decision, buyers and sellers of goods should review their contracts with legal counsel to evaluate whether they meet the standards for a requirements contract. Read more on the topic from your Fraser Trebilcock attorney.

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CRA Publishes July 2023 Data; Average Price Increases

Per data released by the Cannabis Regulatory Agency, the average retail price for adult-use sales of an ounce of cannabis is $98.65, an increase from $89.27 in June. This is still a large decrease from July 2022, where the average price was $121.58.

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Michigan Supreme Court Rules on Open and Obvious Doctrine

In its decision in a pair of consolidated cases (Kandil-Elsayed v F & E Oil, Inc and Pinsky v Kroger Co of Mich), the state’s high court did away with a legal doctrine known as “open and obvious.” Generally speaking, under this doctrine, a premises possessor (whether that is the landowner, land contract vendee, lessee, or other party with the right to possess the property) does not have a duty to warn individuals of potentially dangerous conditions on the premises if the condition is “open and obvious.”

Why it Matters: What happens next is anybody’s guess, but likely effects of this decision include an increase in the number of personal injury lawsuits filed, an increase in the number of personal injury cases going to trial, and across the board increases in property insurance rates for commercial and residential property owners.

Related Practice Groups and Professionals

Real Estate | Jared Roberts
Business & Tax | Robert Burgee
Cannabis Law | Sean Gallagher