Contractual Statute of Limitations Waivers Will be Enforced

In a recent decision entitled Sams v Common Ground, a panel of the Michigan Court of Appeals enforced a Michigan employment contract reducing the customary six years statute of limitations to just one year. The employee challenged that reduced time limit as being unconscionable and contrary to the Persons with Disabilities Civil Rights Act. The …

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Michigan Permits Domestic Asset Protection Trusts

Effective March 8, 2017, Michigan joined an increasing number of states that permit “Domestic Asset Protection Trusts,” aka DAPTs. These instruments enable the Grantors forming the Trusts to protect their property against future claims, as long as they follow the specified guidelines. DAPTs are irrevocable trusts. Unlike most irrevocable trusts, however, the Grantor who sets …

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