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  1. #1
    Join Date
    Nov 2007
    Posts
    11

    Default Michigan Court Rule 2.116 and the Statute Of Limitations

    Question About MCR 2.116(I,1)
    Question is for the State of Michigan, General Civil Litigation

    The law says:

    (1) If the pleadings show that a party is entitled to judgment as a matter of law, or if the affidavits or other proofs show that there is no genuine issue of material fact, the court shall render judgment without delay

    What does this mean/translation of this and how does it influence the statute of limitation on a claim?

    2.)My second question is about equitable estoppel.

    equitable estoppel
    n. where a court will not grant a judgment or other legal relief to a party who has not acted fairly; for example, by having made false representations or concealing material facts from the other party.

    What does this mean? Does this include conduct such as intimidation, obstruction of justice, or withholding of information which if released would have allowed the plaintiff to have discovered that law was violated or that he or she had a legal claim?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Re: Michigan Court Rule 2.116 and the Statute Of Limitations

    1. It means that if you bring a motion for summary disposition as described in that court rule, and establish to the court that you are entitled to summary disposition, the Court should grant it.

    2. If you want to know about the applicability of equitable estoppel to a particular situation, you need to describe the situation.

  3. #3
    Join Date
    Nov 2007
    Posts
    11

    Default Question about Equitable Estoppel and Fraud

    For equitable estoppel,
    if the defendant lies, uses intimidation, or intentionally withholds information so that a Fraud is not discovered until years after the statute has pass. Since the defendant's action is what caused the plaintiff to not be able to file a legal claim in the time allowed, does the plaintiff get an automatic win in court or can they still file a legal claim under Equitable Estopple, which I think is also called the Clean Hands Law, even if the statute has passed?

    Thanks

    I have a question about a Fraud article you wrote and posted on your site.

    1. How do I prove that the person who committed fraud intended to commit fraud?

    2. If you can't get a confession by the defendant, will a
    document showing the correct information and wrong information be enough to prove fraud?

    3. Also, can you tell me what kind of fraud this is?
    Ex. 1
    if a person commits fraud against their business and
    employer but a customer or another person, not the business, suffers because of it, can the customer sue the business or persons boss for the
    employees conduct? What type of fraud is it when the
    person who suffers is not the person whom the fraud
    was committed against?

    Ex. 2
    For example, you have two employees(employee A and B) in a department. Employee A, who is a supervisor of B, lies or reports false information to the Manager knowing that it is false and as a result the
    Manager, who believes it, is mislead to believe that the
    Employee B is not qualified for the position and fires
    this person because of it. In this case, the Manager was the one who was mislead but Employee B is the one who sufferred or lost their job because of the false information.

    What type of fraud is this? Can employee B sue Employee A for committing fraud against them since they were affected by it? What legal claims can employee B sue Employee A Under? In both examples, can Employee B and the Customer(ex. 1), sue the business for Employee A's conduct?

    Ex. 3
    In an college, lets say a teacher reports false grade information about you to the school. As a result, the student looses their degree or is made to repeat a class. What type of fraud is this and who is responsible for the teacher's conduct? Was Fraud committed against the student still or was it committed against the school?

    Thanks

    Thanks

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