Fraud in the Sale of Property
Purchasers of real estate frequently claim they were misled about the condition of a property. With the sizzling real estate market, sales are rushed and due diligence is often an…
Causation Requirements in Toxic Torts
The Michigan Court of Appeals has offered much needed guidance to those considering pursuing toxic tort claims. That guidance, found in the case of Powell-Murphy v Revitalizing Auto Communities Environmental…
IS CERCLA STANDING IN THE WAY OF A NEW SANDBOX
In Atlantic Richfield Company v Christian, 140 S. Ct. 1335 (2020), the U.S. Supreme Court touched upon the ramifications of being a Potentially Responsible Party (“PRP”) under the Comprehensive Environmental…
Damage to Trees
If a tree falls in the woods, someone may not hear it, but somebody might pay for it if that tree was cut on property of another without permission. Michigan…
Cass River Cleanup
I’d like to thank my team members from the Tuscola County Democratic Committee and Republican Buzz for helping me on Saturday, September 21st. You guys were awesome. We removed so…
Henry v Dow Revisited
In Henry v Dow Chemical 2017 WL 239069, the Michigan Court of Appeals addressed the application of the statute of limitations to claims arising from the presence of dioxin contaminationalong…
Michigan Zoning of Short-Term Rentals
Whether deserved or not, many believe that the negative aspects of short-term rentals such as Airbnb, VRBO and Booking.com outweigh their benefits. They get blamed for a variety of problems…
Bills seek to change way cleanups are conducted
Two recent bills simultaneously introduced into the Michigan House of Representatives and Senate seek to change the way that remedial action is selected. By way of background, remedial action includes…
STORMWATER UTILITY ACT REBORN
In 2017, I wrote a blog post on Michigan House Bill HB 4100, which sought to create the “Stormwater Utility Act.” The proposed Act was intended to confer legal authority…
Scaling Back Relief for Flooded Property
The Governmental Immunity Act grants governmental agencies broad immunity for tort liability. The Act contains an exception for liability arising from overflows or backups from sewage disposal systems however. The…