Posts Tagged ‘Civil Procedure’

No Need to Reply to Affirmative Defenses

No Need to Reply to Affirmative Defenses

One of my pet peeves relate to demands for a reply to affirmative defenses. I’ve always considered this to be a pointless and wasteful exercise. I’m annoyed when opposing counsel makes such a demand and causes my client to needlessly…

Summary Disposition Practice

Summary Disposition Practice

In the recently released published opinion of Barnard Manufacturing v Gates Performance Engineering, (docket 286003 released August 18th), the Michigan Court of Appeals emphasized and clarified the non-moving party’s burden when responding to such motions. In that case, the plaintiff…