In this issue:
Scott H. Hogan and McKenna S. Rivers
The Michigan Court of Appeals (COA) recently handed down a ruling in a long-simmering lake access dispute between property owners at a 99-year-old lakefront resort community in West Michigan’s Lake County. The case, Bloomquist v. Depree, centers around whether the plaintiffs have obtained a prescriptive easement to access a shared beach from their backlot properties and erect docks or other moorings in the waters of Big Star Lake.
In the latest chapter of this dispute, which reportedly began in 2018, the COA ruled that the plaintiffs had established some rights through express easements allowing them access to Big Star Lake...
Anthony M. Dalimonte and Charles Sarchet (Law Clerk)
On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee granted a preliminary injunction blocking the National Collegiate Athletic Association (NCAA) from enforcing rules which prohibit college athletes and recruits from negotiating compensation for use of their name, image and likeness (NIL) with NIL collectives, boosters and other third parties prior to choosing a school...
Unlike traditional law, which deals with resolving issues after they’ve occurred, preventative law focuses on anticipating and avoiding conflicts, lawsuits, and disputes in the first place such as sex discrimination and property transactions.
In the following videos, Foster Swift litigation attorney Bryan Cermak quickly touches on preventative law and why it is important for all businesses and explaining how Preventative Law is proactive rather than reactive and can help businesses avoid potential problems in the future:
Dora A. Brantley and Paul J. Millenbach
Last summer, in the consolidated cases of Kandil-Elsayed v. F & E Oil Inc., and Pinsky v. Kroger Co. of Mich, the Michigan Supreme Court issued a ruling that substantially changes decades of law regarding premises liability cases involving “open and obvious" dangers.
What do these recent changes mean for business and property owners and how can they mitigate the chances of facing a lawsuit in the future?...
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