The BUSKLAW Newsletter

  (Author's aside: Why no post since May? Because things have been busy here at BUSKLAW HQ - practicing law for clients!) When both parties to a contract breach it, what's a court to do? This was the issue presented to Kent County Circuit Court Judge Christopher Yates in Zackary Electric, Inc. v Knoebel Construction, Inc.  The facts are straightforward. Defendant Knoebel Construction was hired as a general contractor to build out an Altar'd State clothing store in Woodland Mall in Grand Rapids, Michigan. Knoebel in turn hired Zackary Electric as its electrical subcontractor for the project, and Zackary started work in July 2018.  On August 12, 2018, Zackary sent an invoice to Knoebel for $47K, but Knoebel did not promptly pay Zackary because Knoebel hadn't yet received any payment from Altar'd State. Unhappy with not being paid, Zackary left the job site on August 31, 2018, and it sent a letter to Knoebel declaring it to be in breach of the subcontract between ...

  A recent decision out of the U.S. District Court (Judge David Hurd) for the Northern District of New York, Ford, et al v. Rensselaer Polytechnic Institute , examines the consequences of an educational institution's pandemic-induced failure to honor its promises for in-person, campus-centered instruction. Plaintiffs are students of Rensselaer Polytechnic  of Troy, NY ("RPI"). RPI markets itself as providing a unique educational experience through intense campus-based instruction, mandating that all first and second-year students live on campus and even spend the summer between their second and third years on campus "to afford more meaningful interaction with RPI's professors." When the Covid pandemic caused RPI to replace on-campus instruction with on-line learning and shut down all campus activities, Plaintiffs sued RPI for damages resulting from the alleged lesser value of their remote education. RPI asked the Court to dismiss their claims. The resulting ...

  DISCLAIMER: probably not the real Marley. Still cute.  Having just survived the dog days of a Michigan summer, it's only fitting that we discuss a case involving a dog: Marley, a Labradoodle. How this cute canine could be the subject of a lawsuit before Kent County Judge Christopher Yates is questionable, but hey, lawyers argue, and they actually get over paid for it! (Most dogs don't argue, except for Huskies ; my working hypothesis is that Huskies are just reincarnated trial lawyers.) The plaintiff in the case is  Bainbridge Labradoodles , a Labradoodle purveyor at  $3K per puppy. Defendant is Susan Viele, a Labradoodle aficionado. In June 2016, Bainbridge and Viele signed a "breeder agreement," under which Bainbridge loaned Marley to Viele until Marley yielded four litters of puppies that would go to Bainbridge for breeding or placement. Marley gave birth to seven healthy puppies in September 2016, but despite repeated attempts, that was all. And now the th...

November is the month of Thanksgiving. And Thanksgiving for most folks means  time with family and friends (better yet, family who are friends),  an appropriate but modestly-priced wine ,  and  a turkey. Turkeys should live their brief sojourn on this earth in relative peace before winding up on our table. But that was not to be for the poor fowls in the recent Kent County (MI) Circuit Court case of  White Acres, LLC et al v. Shur Green Farms, LLC et al .  The case involves a plethora of parties (hence the "et al"), all of whom were in the distribution chain of a biofuel called Lascadoil. Unlike its parent product, Lasalocid, Lascadoil is not an appropriate turkey-feed additive. (Does anything with "oil" in its name sound fit for human or animal consumption?) So when a bunch of turkeys died after eating feed tainted with Lascadoil, the lawsuits started flying; each party was sued by its downstream buyer who in turn sued its upstream seller. And numero...