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Civil Procedure – Affirmative Defenses – MCR 2.110(A) and (B) 

Affirmative defenses are not pleadings that require a response under MCR 2.110(A) and (B). Further, affirmative defenses are to be taken as denied even if a party has demanded a response. Facts Several...

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FOIA – Circuit Court Action – Filing Deadline 

The 180-day limitation in which to file a circuit court action after a public body denied a Freedom of Information Act (FOIA) request begins to run when the public body places a denial letter in the...

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Answer to affirmative defenses not required 

Affirmative defenses are not pleadings to which a party is to respond, even if a demand is made for such a response, the Michigan Court of Appeals ruled. The decision means that filing an answer to a...

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Employment – Damages properly awarded in employment contract case 

The trial court did not err by awarding less than the parties’ contractual interest rate on damages after finding defendant liable for early termination of plaintiff’s employment contract, the Court of...

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