Firm Blog
The Gallagher Law Firm with offices in Lansing, Mt. Pleasant, Grand Rapids, and Detroit provides a variety of legal services across Michigan for corporate and individual clients. Our AV-rated, highly experienced attorneys offer responsive and efficient representation. Learn why our clients consider the Gallagher Law Firm to be a trusted, insightful and experienced partner for their legal needs.
Mass Peer-to-Peer Copyright Enforcement suits being severed by Michigan District Court Judges
August 17th, 2012
The basic premise for peer-to-peer (P2P) copyright enforcement suits is well documented across the internet. An enforcement company or law firm collects a few hundred people who have downloaded a file containing copyrighted content, often porn, and f…
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Categories: Litigation
CitiMortgage's Equitable Subrogation ruling applies retroactively
August 13th, 2012
In an unpublished opinion dated July 31, 2012, the Michigan Court of Appeals ruled in National City Mortgage v Mercantile Bank that the equitable subrogation ruling in CitiMortgage Inc v Mortgage Electronic Registration Systems, Inc, 295 Mich App 72,…
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Categories: Real Estate Law
Business Guide to Selling Securities
July 16th, 2012
The State of Michigan has a few excellent resource guides available on its Web site, including a Business Guide to Selling Securities. The guide gives a general overview of the Michigan Uniform Securities Act and provides a summary of the registratio…
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Categories: Business Law
Lost Note not road block to foreclosing mortgage securing established debt
June 20th, 2012
In Sallie v. Fifth Third Bank, a published opinion, the Michigan Court of Appeals held that a bank could foreclose on a mortgage even if the underlying note is lost as long as the mortgage contains a power of sale and the underlying debt is establish…
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Categories: Real Estate Law
Best Wishes to Brittany Campbell!
June 18th, 2012
Best wishes to Gallagher Law Firm attorney Brittany Campbell in her new position with the Michigan Department of the Attorney General. Brittany will be handling litigation matters in the State Operations Division effective June 25, 2012. We thank Bri…
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Categories: General
KBD & Associates v Great Lakes Foam Technologies – Post-termination commissions not earned if the contract required additional work
March 26th, 2012
In KBD & Associates v Great Lakes Foam Technologies, a published opinion, the Michigan Court of Appeals affirmed the decision of the Jackson County Circuit Court in favor of defendant Great Lakes Foam Technologies, owned by MacReady, against KBD…
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Categories: Employment Law
McCoig Materials, LLC v Galui Construction, Inc. – Separate transactions in a revolving contract considered separate for recoupment
March 23rd, 2012
In McCoig Materials, LLC v Galui Construction, Inc., a published opinion, the Michigan Court of Appeals reversed a decision by the Macomb Circuit Court to deny plaintiff’s motion for summary disposition, ruling that the defendant was not entitl…
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Categories: Uncategorized
Successor Interests: Record ALL of your Assignments
February 3rd, 2012
In Kim v JP Morgan Chase Bank, the Michigan Court of Appeals reversed the lower court’s decision and found a sheriff’s sale to be void for lack of record chain of title linking the mortgage interest to JP Morgan Chase. The Kims took out a…
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Categories: Real Estate Law
Gray v Burns - It doesn't matter if an unrelated party acquiesced to the boundary
January 27th, 2012
In Gray v Burns, an unpublished opinion, the Michigan Court of Appeals reversed and remanded the Kalamazoo Circuit Court’s decision to reform the parties’ deeds because the boundary line that the trial court considered was acquiesced to w…
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Categories: Real Estate Law
Reinstated Corporations have a retroactive legal existence, but not necessarily an actual one
January 20th, 2012
In Woodbury v. Res-Care Premier, Inc., a published opinion, the Michigan Court of appeals reversed the trial court’s decision to grant summary disposition in favor of the subdivision, Center Woods, reasoning that Center Woods had automatically…
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Categories: Real Estate Law