Litigation is a stressful and time-consuming experience for anyone, whether you are bringing a lawsuit or defending one. Our litigation clients are individuals, businesses, and corporations who become involved in disputes that may lead to a lawsuit, and we can help ease your burden and help you efficiently obtain the most favorable result possible. Our goal is to work with you and for you with the least disruption possible to you and your business.

Client service is at the heart of what we do, and we staff each case with your best interests in mind.   We have a breadth of experience that allows us to provide individual trial counsel or a team approach as needed for each case. We also have significant experience teaming with law firms outside our region who value our in depth knowledge and understanding of local courts. Our attorneys regularly appear in state and federal courts and administrative tribunals in Ohio and Michigan. Our attorneys are licensed to practice in all state appellate courts and Supreme Courts in Ohio and Michigan, the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court. We are dedicated to protecting our client’s interests through trial and the appellate process, as needed.

Appellate Practice

We have experience representing clients in the U.S., Ohio, and Michigan Supreme Courts and Courts of Appeals.

Casualty and Insurance Defense

We represent insurance companies and their insureds in actions throughout Northwest Ohio and Southeast Michigan.

Employment Litigation

We defend employers against accusations of discrimination and harassment, appearing regularly before the EEOC, OCRC, and federal and state courts. We also represent employers in connection with worker’s compensation claims. We also pursue former employees, officers, and shareholders who violate noncompete or nondisclosure agreements.

Product Liability

We have experience defending manufacturers, distributers, and dealers of products facing strict liability or negligence actions relating to alleged design or manufacturing defects.

Professional Liability

We defend physicians, attorneys, dentists, and other professionals accused of professional negligence. We also defend hospitals, nursing homes, and physician groups in professional negligence actions.

Railroad Litigation

We defend railroad companies in cases involving FELA, grade crossing accidents, and occupational injuries.

Transactional and Commercial Litigation

We represent clients in a wide variety of commercial disputes, including contractual disputes, trade secret misappropriation, foreclosure of commercial mortgages, construction disputes, and other disputes.

Transactional and Commercial Litigation

  • Represented healthcare providers and hospitals in breach of contract litigation and enforcement of non-compete agreements. 
  • Defended manufacturer for claimed breach of tax abatement agreement.
  • Represented owner, contractor, and architect on defective construction and warranty claims.
  • Obtained summary judgment for local community bank against claims of national lending institution for quiet title, equitable subordination, promissory estoppel and breach of contract seeking damages in excess of $250,000.
  • Represented court-appointed receiver during foreclosure proceedings that resulted in negotiation and sale of residential lots and acreage involving secured indebtedness in excess of $4,000,000.
  • Represented regional bank in proceedings for the appointment of a commercial property receiver and negotiation and sale of multiple gas station properties involving secured indebtedness in excess of $2,000,000.
  • Obtained judgment for local bank on claim the bank violated garnishment rules, with verdict affirmed on appeal.
  • Successfully obtained judgment in favor of Trustee of education trust on claim of breach of fiduciary duty and trust laws in exercise of power of appointment.
  • Recovered clear title to commercial property and over $3 million in damages during litigation in Washtenaw Circuit Court, U.S. District Court, U.S. Bankruptcy Court, and appeals through the Supreme Court of Michigan and 6th Circuit Court of Appeals related to resolution of ownership of commercial property in Ann Arbor, Michigan.
  • Obtained judgments for client on construction liens, failed security agreement and perfection, priority, foreclosure action, and in extensive related litigation in Lenawee Circuit Court, Adrian, Michigan, U.S. Bankruptcy Court, Detroit, MI, and Oakland Circuit Court, Pontiac, MI.
  • Obtained judgment in excess of $4,000,000 on foreclosure of commercial mortgages, and recovery of judgment and replevin, with priority issues as to U.S. and State taxing agencies, with Chapter 11 Bankruptcy in Monroe Circuit Court, Monroe, MI, and U.S. Bankruptcy Court, Detroit, MI.
  • Successfully represented agribusiness plaintiffs on claim arising out of spray drift, including insurance coverage litigation in Monroe Circuit Court, Monroe, MI.
  • Obtained dismissal of breach of contract case brought by physician group against client hospital for lack of federal subject matter jurisdiction.
  • Obtained arbitration award in franchisee’s favor on claim for breach of franchise agreement.
  • Assisted Tier 1 automobile suppliers in claims against their suppliers relating to non-conforming parts.
  • Secured injunctive relief for high-tech client in trade secret/breach of exclusive license claim.
  • Secured reversal of attorney fee award on appeal following adverse ruling in seven-figure commercial contract breach suit handled by different law firm.
  • Won action for auction client under Federal Computer Fraud and Abuse Act to recover money damages for fraudulent incursion into web-based bidding system.

Professional Liability – Medical Malpractice Defense

  • Handled landmark Albain v. Flower Hospital case that minimized liability to hospitals for decades.
  • Employed strategy of early disclosure and admission of liability in serious liability death case to avoid excessive compensatory and punitive damages and minimize defense costs.
  • Obtained defense verdict for hospital in nation’s first civil EMTALA case.
  • Turned $4 million verdict against a hospital into a defense verdict on retrial after successful appeal.
  • Successfully obtained defense verdicts in favor of physicians, residents, nurses and hospitals over decades.
  • Successfully obtained defense verdict in favor of client radiologist and radiology group after two weeks of trial in a wrongful death case that resulted in a multi-million dollar verdict against co-defendants.
  • Succeeded in dramatically reducing size of class and claims permitted to be presented in unusual class action case against hospital, leading to resolution of case.
  • Represented physicians and nurses in investigations brought by Ohio State Medical Board and Ohio Board of Nursing.
  • Obtained excellent resolution of case involving patient wandering away from nursing home facility and dying of exposure by developing favorable damages evidence.

Professional Liability - Legal Malpractice Defense

  • Obtained judgment for an attorney who was sued for allegedly inadequate representation during plea negotiations in a criminal matter, and for purportedly charging excessive fees.
  • Obtained summary judgment for attorney arising from domestic relations matter on claim that attorney/client relationship was extended by communication between client and attorney.

Railroad

  • Successfully represented several national and regional railroads in grade crossing and FELA cases.
  • Obtained defense verdict on FELA claim for railroad following ten days of trial in hostile jurisdiction.
  • Successfully defended grade crossing actions in Ohio.
  • Obtained summary judgment for Railway in FELA case on Federal preemption grounds.
  • Represented short line railroads on regulatory and employee claims.
  • Defended Railway in wrongful death claim arising out of criminal trespass.
  • Successfully obtained defense verdict for Railway on Locomotive Inspection Act violation.
  • Secured eviction of third party vendor from Railway property with successful defense of breach of contract claim.
  • Obtained dismissal of Railway from class-action flood litigation.

Product Liability

  • Represented gun manufacturers involving personal injury claims.
  • Defended manufacturers in claims arising from use of medical devices, medical equipment, and pharmaceutical product liability.
  • Secured early resolution for Fortune 500 manufacturer through successful dispositive Motions on product liability claim involving significant injury.

Casualty and Insurance Defense

  • Successfully negotiated dismissal without payment on behalf of a hospital, where elderly patient drove her vehicle through a concrete barrier in the hospital’s parking garage.
  • Successfully defended school districts, school boards, and school employees in sexual abuse, bullying, student-suspension, civil rights, and bus accident cases.
  • Successfully defended Greek organization on college campus for claims of injury incurred during organization’s activities.
  • Obtained dismissal for an insured individual client who was sued for causing an auto accident where the plaintiffs made a pre-suit claim to the insurer for an individual who was not in plaintiffs’ vehicle at the time of the accident.

Employment Litigation

  • Successfully acquired temporary restraining orders and other injunctive relief for employers seeking to enforce noncompete agreements.
  • Won a jury verdict for an area employer in a complex wage and hour case.
  • Obtained defense verdict in a mandamus action for employer in temporary total disability benefits case where employee violated work rules and experienced attendance problems leading to finding of voluntary abandonment of employment.
  • Successfully defended self-insured employer before the Supreme Court of Ohio in attempt to re-open permanent total disability determination.
  • Obtained summary judgment for local self-insured employer, successfully determining that injured worker was not in the course of, or arising out of, her employment when traveling home while engaged on a cell phone conversation with her supervisor.

Labor Law

  • Represented numerous employers in labor arbitrations and before the National Labor Relations Board and the Ohio State Employment Relations Board:
  • Successfully defended discrimination claims of 21 laid-off employees before The National Labor Relations Board
  • Won arbitration award that secured over $1 million per year product cost savings for the client
  • Won public sector arbitration award that allowed college to subcontract bargaining unit work
  • Won arbitration award in which union sought to accrete Employer's Union-Free facility to unionized location
  • Obtained labor replevin orders that allowed client to obtain property from Strike-Bound Plantiff
  • Obtained temporary restraining orders and preliminary injuctions limiting strike activities at clients facilities

Employee Benefit Litigation

  • Obtained summary judgment under ERISA Section 404(c) safe harbor for retirement plan trustee in breach of fiduciary duty claim where plan participants lost retirement savings to a Ponzi-scheming financial advisor; affirmed on appeal.
 

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