Cases
Representative Matters: March, 2015: Obtained a summary disposition of dismissal for client dermatologist on claim of causing permanent trigeminal nerve injury to patient's upper jaw
cheek as result of elective cosmetic filler injection. (Macomb County Circuit Court)
September, 2014: Obtained a jury verdict for client sporting goods manufacturer against its former production manager
outside sales agent
their companies. A unanimous jury found in client's favor on counts alleging federal Lanham Act false designation of origin claims, unfair competition, breaches of fiduciary duties
duties of loyalty,
civil conspiracy. (U.S. District Court, Eastern District, Michigan)
January, 2014: Part of a team of Foster Swift litigators who obtained summary dismissal of a former b
manager's breach of contract
conversion suit for non-payment of royalties by client rock
roll b
when the court ruled that b
manager's non-attorney contingent fee litigation broker/middleman contract violated public policy
was void
unenforceable. (Oakl
County Circuit Court)
January, 2014: Part of a team of Foster Swift litigators who obtained summary dismissal for a business owner
his LLC of a breach of contract
conversion suit for not paying sale-of-business distributions to plaintiffs who claimed to be 50 percent owners of the LLC. The Michigan Court of Appeals ruled that plaintiffs' claims were attempts to avoid non-compete agreements from the sale of a prior business, constituted fraud on the third party purchaser of the prior company who had paid valuable consideration for the non-compete agreements
Michigan courts will not be used to perpetuate fraud.
October, 2013: No Cause ( no professional negligence ) defense verdict for client hospital
nurses in claimed multiple fracture injury case. Plaintiff found 100% comparatively negligent. (Midl
County Circuit Court)
June, 2013: Birth trauma litigation dismissed without payment for client physician on the day of trial. (Monroe County Circuit Court)
February, 2013: No Cause ( no professional negligence ) defense verdict for client physician in wrongful death claim of premature infant based on claimed subst
ard maternal prenatal care. (Genesee County Circuit Court)
November, 2010: Szpak vs. Inyang, 290 Mich App 711, 803 NW 2d 94 (2010) - It is an abuse of a trial court's discretion to order, as condition for granting a Qualified Protective Order for defense counsel to hold ex parte meetings with a Plaintiff's treating health care providers, that Plaintiff's attorney be given notice
an opportunity to attend such meetings without a showing of reasonable concern for intimidation or harassment of the health care provider.