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MEMBER DISPUTES IN A LIMITED LIABILITY COMPANY: WHAT Common LLC Member Disputes. Disputes between members of a limited liability company can arise from a number of circumstances. Responsibilities. Often, individuals who combine to create an LLC each have special skills to contribute.E. POWELL MILLER
Powell Miller has been named one of the Top 10 lawyers in Michigan for ten consecutive years, from 2009-2019, by Super Lawyers Magazine, and in 2010, 2015, and 2019 he was the recipient of the Best Lawyers – Lawyer of the Year in the category of Bet-The-Company Litigation. In 2017, Mr. Miller was the recipient of the Judge Friedman and Cook ARE NON COMPETE AGREEMENTS ENFORCEABLE IN MICHIGAN? Non Compete Agreements and Michigan Law. A few states—California, North Dakota, and Oklahoma—will not enforce non compete agreements at all. And other states, such as Maine, Maryland, New Hampshire, and Rhode Island, have passed laws that make non competes unenforceable as to low-wage workers. Michigan currently enforces non compete TORTIOUS INTERFERENCE Tortious interference with a contract occurs when someone improperly induces a breach of contract between you and a third party. For example, let’s say you have a contract to sell 100 widgets to Company A. But Company A has many lucrative contracts with Company B. Company B is considering branching out into widget manufacturing andwants to
STATE OF MICHIGAN COURT OF CLAIMS -3- Now, after having granted reconsideration an d having permitted plaintiffs to refile a motion seeking class certification in accordance with the Court’s December 4, 20201 opinion and order, plaintiffs have moved for class certification once again.MAHDE Y. ABDALLAH
Biography Mahde Abdallah litigates both complex commercial and class action cases. His practice concentrates on contract, automotive supply chain, real estate, product liability, and shareholder disputes for both plaintiffs and defendants. With Miller Law, Mr. Abdallah’s successful results include obtaining a $4.8 million arbitration award against Jimmy Johns in a contract and franchisee MICHIGAN BUSINESS LITIGATION & CLASS ACTION LAWYERSABOUT USATTORNEYSPRACTICE AREASCASE RESULTSPUBLICATIONSCONTACT US The Miller Law Firm is committed to supporting the local and regional communities in which we work and live. Attorneys and staff members of The Miller Law Firm are actively engaged in a wide variety of programs, non-profit charities, organizations, and service on boards and committee — giving back to the broader community on many levels. 6 COMMON REMEDIES FOR BREACH OF CONTRACT IN BUSINESSCAN I RECEIVE COMPENSATORY DAMAGES?THE CALCULATION OF COMPENSATORY DAMAGES IS BASED ON THE ACTUAL LOSSES YOU HAVE SUSTAINED AS A RESULT OF THE BREACH OF CONTRACT. THEY TYPICALLY FALL...WHAT IS A SPECIFIC PERFORMANCE REMEDY?SPECIFIC PERFORMANCE IS A TYPE OF REMEDY FOR BREACH OF CONTRACT IN WHICH A COURT ORDERS THE BREACHING PARTY TO PERFORM THEIR END OF THE BARGAIN.WHAT IS AN INJUNCTION?INJUNCTIONS SERVE A SIMILAR PURPOSE AS SPECIFIC PERFORMANCE. THE DIFFERENCE IS THAT WITH SPECIFIC PERFORMANCE, THE COURT ORDERS A PARTY TO DO SOMET...WHEN CAN I USE RESCISSION?TO JUSTIFY RESCISSION, THE BREACH MUST BE MATERIAL. THAT MEANS THAT IT HAS TO GO TO THE HEART OF THE CONTRACTUAL AGREEMENT. There are several common remedies for breach of contracts. The appropriate remedy depends on the terms of the contract, the nature of the breach, and the specific circumstances of the case. 1. Compensatory Damages. An award of compensatory damages is the most common of the legal remedies for breach of contract. MINORITY SHAREHOLDER RIGHTS IN PRIVATE COMPANIES Published on: April 5, 2020. Minority shareholders are those who hold less than 51% of the shares in a corporation. Both publicly traded and privately held companies have shareholders. However, the rights of minority shareholders in closely held corporations may be more subject to oppression than those of shareholders in public companies. EXAMPLES OF COMMON FORMS OF BREACH OF A parallel duty applies to managing members of an LLC to act on behalf of all other members. Many of the same types of breaches that occur in the partnership context can also occur with members of a board of directors. Additional examples include: Preventing shareholders from exercising their voting rights; Denying shareholders access torecords;
MEMBER DISPUTES IN A LIMITED LIABILITY COMPANY: WHAT Common LLC Member Disputes. Disputes between members of a limited liability company can arise from a number of circumstances. Responsibilities. Often, individuals who combine to create an LLC each have special skills to contribute.E. POWELL MILLER
Powell Miller has been named one of the Top 10 lawyers in Michigan for ten consecutive years, from 2009-2019, by Super Lawyers Magazine, and in 2010, 2015, and 2019 he was the recipient of the Best Lawyers – Lawyer of the Year in the category of Bet-The-Company Litigation. In 2017, Mr. Miller was the recipient of the Judge Friedman and Cook ARE NON COMPETE AGREEMENTS ENFORCEABLE IN MICHIGAN? Non Compete Agreements and Michigan Law. A few states—California, North Dakota, and Oklahoma—will not enforce non compete agreements at all. And other states, such as Maine, Maryland, New Hampshire, and Rhode Island, have passed laws that make non competes unenforceable as to low-wage workers. Michigan currently enforces non compete TORTIOUS INTERFERENCE Tortious interference with a contract occurs when someone improperly induces a breach of contract between you and a third party. For example, let’s say you have a contract to sell 100 widgets to Company A. But Company A has many lucrative contracts with Company B. Company B is considering branching out into widget manufacturing andwants to
STATE OF MICHIGAN COURT OF CLAIMS -3- Now, after having granted reconsideration an d having permitted plaintiffs to refile a motion seeking class certification in accordance with the Court’s December 4, 20201 opinion and order, plaintiffs have moved for class certification once again.MAHDE Y. ABDALLAH
Biography Mahde Abdallah litigates both complex commercial and class action cases. His practice concentrates on contract, automotive supply chain, real estate, product liability, and shareholder disputes for both plaintiffs and defendants. With Miller Law, Mr. Abdallah’s successful results include obtaining a $4.8 million arbitration award against Jimmy Johns in a contract and franchisee ATTORNEYS - MILLER LAW The Miller Law Firm's attorneys are routinely recognized as being among the top attorneys in their fields and have extensive experience representing clients in complex disputes in both state and federal courts across the United StatesAUTOMOTIVE LAWYERS
As the “Automotive Capital of the World,” it’s hard to overstate Michigan’s reliance on the auto industry. In 2019, the Detroit Regional Chamber reported that the automotive industry contributes $225 billion to the state’s economy each year, supports 712,000 jobs, and drives $7.4 billion in taxes to the state. Miller Law: An WHAT ARE THE FEDERAL DISTRICT COURTS? The Federal District Courts, the Federal Courts of Appeal, and the United States Supreme Court comprise the federal court system. The federal courts are empowered to decide the constitutionality of federal laws, to resolve other disputes that arise under those laws, and to resolve disputes between residents of different states under certain circumstances.MAHDE Y. ABDALLAH
Biography Mahde Abdallah litigates both complex commercial and class action cases. His practice concentrates on contract, automotive supply chain, real estate, product liability, and shareholder disputes for both plaintiffs and defendants. With Miller Law, Mr. Abdallah’s successful results include obtaining a $4.8 million arbitration award against Jimmy Johns in a contract and franchisee MICHIGAN BREACH OF CONTRACT LAWYER The Michigan breach of contract statute of limitations gives you six years to file most breach of contract claims. However, Michigan contract law provides different limitations periods for a few specific types of contracts, ranging from two to ten years, so it is important to consult a contract attorney to determine which limitations period DENNIS A. LIENHARDT, JR. Biography Dennis Lienhardt litigates complex class action and commercial litigation cases, including consumer protection, data breach, product liability, environmental, ERISA, antitrust, and securities cases. He has prosecuted dozens of class actions on behalf of consumers in federal courts in Michigan, New York, California, Illinois, Ohio, Kanas, and Arkansas.ANGELA L. BALDWIN
Angela L. Baldwin is a litigation and transactional attorney for The Miller Law Firm Detroit where her practice focuses on complex business litigation, class action matters, public contracting and regulatory law, corporate transactions, and election law. Ms. Baldwin comes to the practice with significant experience in the corporate world BREACH OF CONTRACT CASE CASE SETTLES FOR $1.4 $1.4 million settlement in Breach of Contract case Breach of Contract and Economic Injury Type of Action: Breach of contract. Type of Injuries: Nonpayment of bonuses from 1990 through the end of the term of the contracts, 1996. Name of Case: O’Desky, et al. v. Michigan Health Care Corporation, et al. Court/Case No.: Wayne County Continue reading "Breach of Contract Case Case Settles for U.S .SUPREME COURT RESTRICTS FORUM SHOPPING Two lawsuits brought in Montana against BNSF Railway Company by former employees who didn’t live and were not injured there were barred by the U.S. Supreme Court in BNSF Railway Co. v Tyrrell, special administrator for the Estate of Tyrrell, deceased, et al, 581 U.S. __ (2017). According to the majority opinion written by Continue reading "U.S .Supreme Court Restricts Forum Shopping" 76 MIBJ 1190 PAGE 1 76 MICH. B.J. 1190 (CITE AS: 76 MICH would not solicit customers or interfere in the dealer's general market area so long as Whiteman adequately serviced its customers." Stating that the duty of good faith and fair dealing only applies to discretionary duties, the court held: __(248) 843-0775 __Message UsPHONE ICON
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ABOUT MILLER LAW
HISTORY
The Miller Law Firm began as a 3-person law firm in 1996, and has grown into a 26-lawyer, nationally recognized litigation boutique. In that time, our firm has been entrusted with our clients’ most important matters, handling litigation throughout the country.COMMUNITY
The Miller Law Firm is committed to supporting the local and regional communities in which we work and live. Attorneys and staff members of The Miller Law Firm are actively engaged in a wide variety of programs, non-profit charities, organizations, and service on boards and committee — giving back to the broader community on many levels.EXPERIENCE
Our firm has successfully litigated cases ranging from the low six figures to hundreds of millions of dollars — from the most basic disputes to the most complex and arcane. We handle a wide range of disputes, including automotive supply chain and warranty disputes, real estate litigation, investor rights and partnership disputes, shareholder oppression and fiduciary duty cases, securities fraud, and breach of contract cases. SEARCH FOR ATTORNEYS START TYPING IN AN ATTORNEY’S NAME. The names will auto-complete after the first two letters. FEATURED CASE RESULTSPrevious
No-cause jury verdict in partnership trial $16.5 Million Arbitration Award $42 Million Antitrust Settlement $300 Million Securities Fraud Settlement $955 Million Antitrust Settlements No-cause jury verdict in partnership trial $16.5 Million Arbitration Award $42 Million Antitrust Settlement $300 Million Securities Fraud Settlement $955 Million Antitrust Settlements No-cause jury verdict in partnership trial $16.5 Million Arbitration AwardNext
AREAS OF PRACTICE
COMMERCIAL LITIGATION The Miller Law Firm, P.C. represents individuals and businesses of all sizes, ranging from small sole proprietorships to large Fortune 500 companies and non-profit entities, and in lawsuits filed in state and federal courts throughout the United States. Our firm represents clients in both trial and appellate levels and in arbitration. The complexity of commercial litigation requires seasoned commercial litigation attorneys. Our knowledge and experience in business and commercial law litigation has contributed to our record of success.READ MORE >
SHAREHOLDER RIGHTS
The Miller Law Firm has successfully litigated a variety of shareholder rights matters including those dealing with oppression of minority shareholders, proxy fights, changes in corporate governance, and corporate takeovers, among other things.READ MORE >
AUTOMOTIVE, OEM AND SUPPLIER LITIGATION The Miller Law Firm, founded by E. Powell Miller, is headquartered in Rochester, Michigan. The firm has dealt with hundreds of automotive matters and has a national reputation for obtaining outstanding results. For nearly two decades, Miller Law has successfully represented a wide range of clients, from some of the largest Tier 1 suppliers in the world, to small family-owned companies. Our attorneys provide hands-on litigation, counseling, and dispute resolution services to Tier 1, 2, and 3 automotive suppliers. PLAINTIFF CLASS ACTION The Miller Law Firm, P.C. has extensive experience in litigating plaintiff-side class actions. We have been certified as lead class counsel to represent numerous classes, both large and small, of state and nation-wide classes. We handle complex class actions, including securities fraud class actions and consumer protection class actions. Since 2003, The Miller Law Firm, P.C. has obtained settlements of over $600 million for plaintiff classes. Our firm was the only Michigan-based law firm to be nationally ranked one of the top 50 plaintiffs' law firms for securities class action settlements.READ MORE >
DEFENSE CLASS ACTION The Miller Law Firm, P.C. has had exceptional results in defending class action lawsuits, both locally and throughout the United States. The Miller Law Firm initially developed its reputation as a class action litigation firm by successfully representing plaintiff class actions. Because of our extensive experience in prosecuting class actions, we have developed unique insights in the defense of class actions. No class has ever been certified against any of our clients over our opposition. READ MORE>
SECURITIES FRAUD
The Miller Law Firm, P.C. is Michigan's leading plaintiffs' securities fraud firm. The Miller Law Firm has national prominence and serves as lead counsel and co-lead counsel in several securities fraud and derivative matters in Michigan and throughout the United States. The Miller Law Firm has a thorough understanding of the Private Securities Litigation Reform Act ("PSLRA") as well as the complex issues facing securities fraud class action plaintiffs.READ MORE >
EMPLOYMENT LITIGATION The Miller Law Firm has extensive experience in employment law matters. We have represented employers and employees, individually and in class actions, in courts arbitrations and administrative proceedings throughout the United States. The Miller Law Firm also works proactively with its clients to ensure legal compliance by drafting and reviewing Affirmative Action Plans and Employment Handbooks and policies to ensure that they comport with the requirements of various federal and state laws.READ MORE >
PROBATE LITIGATION
The Miller Law Firm, P.C. has experienced litigators who practice in the area of Family Law. We are dedicated to representing clients with family law issues such as divorce, property distribution, child support, visitation, custody, paternity, modification of existing orders and other post-judgment work, third-party custody and all other aspects of Family Law. READ MORE> E-DISCOVERY SERVICES Recognizing the challenges that e-discovery poses in today's complex commercial litigation, The Miller Law Firm employs a full-time in-house e-discovery team and maintains its own on-site infrastructure in order to provide more efficient, higher quality and cost competitive discovery services compared to third-party discoveryvendors.
SHAREHOLDER OPPRESSION Shareholder oppression occurs when a shareholder or a group of shareholders who own a majority of a companies shares, use their control to operate the company for their advantage at the expense of minority shareholders.FIRM NEWS
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THE MILLER LAW FIRM SECURES CLASS CERTIFICATION IN HATHON V. STATE OFMICHIGAN
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MARTHA OLIJNYK TO CO-MODERATE OCBA’S BENCH/BAR SESSION “EARLY INTERVENTION OPTIONS BEYOND MEDIATION” Martha J. Olijnyk will be co-moderating “Early Intervention Options Beyond Mediation,” one of two Business Court sessions at the 2021 Oakland... read morePUBLICATIONS
WHAT YOU NEED TO KNOW ABOUT THE FEDERAL DEFEND TRADE SECRETS ACT Many companies possess valuable trade secrets. Trade secrets can provide your business with an edge over competitors. However, if your secrets are leaked or misappropriated by your competition, it can cause serious harm to your business, so maintaining the secrecy of your trade secrets should be a priority. Trade secrets drive innovation, investment, and economic … Continue reading "What You Need to Know About the Federal Defend Trade Secrets Act" WHAT EMPLOYERS NEED TO KNOW ABOUT FILING A POSITION STATEMENT AFTER A COMPLAINT IS MADE WITH THE EEOC When someone files a discrimination complaint against your company with the Equal Employment Opportunity Commission (EEOC), federal law provides you with the right to respond with an EEOC position statement. An effective EEOC statement of position adequately responds to the complaint with supportive evidence. What Is a Position Statement? An EEOC position statement is an … Continue reading "What Employers Need to Know About Filing a Position Statement After a Complaint Is Made with the EEOC" Changing the Odds in Your FavorCONTACT
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