Cases
Representative Matters: Noteworthy Decisions: In 2017, was involved in two separate lawsuits when the Court relying on recent Supreme Court decisions, found that jurisdiction over the corporate defendant was not proper
dismissed the case in the forum court for lack of jurisdiction.
Served as neutral arbitrator in a dispute between two short line railroads to resolve a dispute involving the interpretation of a transportation contract entered into by the railroads in 1992. (2017)
Successfully obtained summary judgment of state law claims for breach of contract, breach of warranty, fraud, negligence
bailment based upon Carmack Amendment preemption for Class I railroad that was contracted to ship perishable goods from Michigan to the country of Jordan. (2017). Learn more about case here.
Mediated dispute between motor carrier
two companies involving three Master Transportation Service Agreements. Motor carrier was seeking recovery of nearly $150,000.00 for unpaid transportation services. (2017)
Mediated dispute between a transportation broker
consignee involving claim seeking payment for 35 unpaid shipments. (2016)
Successfully defended motor carrier
its truck driver in the United States District Court for the Western District of Michigan in a case seeking to recover personal property damages after a tractor-trailer rolled into a nearby warehouse. The case hinged upon the Court's analysis of whether the accident
resulting property damage arose from the tractor-trailer's use as a motor vehicle. The court dismissed the lawsuit
held that Michigan's no-fault act governed the dispute
that the one-year limitations period applied. (2016) Learn more about case here.
Mediated dispute between a motor carrier
consignee named in bills of lading involving motor carrier's claim for recovery of more than $5 million dollars in unpaid freight charges. (2015)
Served as neutral arbitrator in a three person arbitration panel in a dispute between a shipper
a third party logistics provider involving a Transportation Management
Logistics Services Agreement. The shipper claimed the third party logistics provider wrongfully terminated the agreement resulting in nearly $3 million dollars in damages to the shipper. (2011)
Successfully defended motor carrier in the United States District Court for the Eastern District of Michigan in a case seeking payment of personal injury protection benefits for driver who drove his motor cycle into motor carrier's tractor-trailer. Michigan law (MCL 500.3102) requires that an owner or registrant of a motor vehicle maintain security if the vehicle is operated in Michigan for more than 30 days in a calendar year. In this case, based on on-board computer
dispatch records the court held the motor carrier was not liable because the tractor
trailer were in Michigan less than 30 days during the calendar year. (2006)
Other Representative Matters: Vigorously defends motor carriers in personal injury litigation
cargo claims.
Provides 24/7 Emergency Response Team in fatal accidents involving motor carriers.
Represents railroads before the Surface Transportation Board (STB) in a variety of matters including but not limited to freight railroad rate
service disputes,
ab
onment proceedings.
Represents motor carriers before the Federal Motor Carrier Safety Administration (FMCSA) in a variety of matters including registration
licensing, regulatory compliance, safety
security, DOT audits, compliance reviews, administrative reviews, enforcement penalties, CSA
other proceedings relating to safety ratings.
Represents insurance companies in situations where there are competing beneficiaries to life insurance proceeds,
the insurance company wants to avoid the risk of paying twice.
Represents clients in disputes to foreclose liens on private construction projects as well as suits against bonds furnished on connection with public projects.
Represents both manufacturers
purchasers of sophisticated machinery involving claims arising under the Uniform Commercial Code, including matters involving disputes regarding express
implied warranties.
