Cases
Experience: Representative Matters: Litigation: Successfully defended appeal of employment discrimination claim in the United States Court of Appeals.
Obtained dismissal of certain securities fraud claims in United States District Court under the Private Securities Litigation Reform Act.
Successful appeal regarding products liability claim. (Obtained Michigan Court of Appeals Opinion ruling that the trial court should have granted full summary disposition to the defendant).
Successful defense of product liability case involving alleged material failure. (Obtained the disqualification of plaintiff's expert, based upon lack of expertise
the inadequacy of scientific support for testimony, despite expert's PH.D in Materials Science
Engineering
P.E in Metallurgical Engineering
M.S. in Chemistry
B.S. in Chemistry).
Obtained ruling striking the testimony of plaintiff's expert based upon the inadequacy of scientific support for the opinions of plaintiff's expert (resulting in favorable settlement).
Obtained trial court dismissal of claim that private storm water drainage system caused extensive property damage to adjacent property. Obtained favorable Michigan Court of Appeals ruling affirming dismissal of Plaintiff's claims.
Obtained dismissal of plaintiff's claim that he was totally disabled after a truckload of building materials destabilized
fell on him. (Arguments for Dismissal were based upon inadequacy of scientific support for the testimony of plaintiff's expert). Subsequent to dismissal, obtained reimbursement of attorney's fees for client based upon contractual indemnity.
Obtained United States Court of Appeals opinion vacating numerous findings of regulatory violations by USDA Administrative Law Judge. Subsequently obtained in excess of $150,000 for client in attorney fee reimbursement from USDA under the Equal Access to Justice Act.
Obtained United States Court of Appeals ruling vacating USDA licensure ruling
holding USDA denial of license to be unlawful.
Successful Appeal of declaratory action regarding insurance coverage. (Michigan Court of Appeals reversed the trial court's ruling in favor of the insurance carrier
held that summary disposition should have been granted to the insured on the issue of coverage).
Successful jury verdict regarding corporate defamation
improper interference with contract claims. After reversal by Court of Appeals, obtained Michigan Supreme Court Order in favor of corporate plaintiff
reinstating jury verdict. (Counsel for corporate plaintiff at trial
on appeal).
Bench trial in Federal District Court, resulting in Opinion holding corporate officers personally liable for withdrawal liability to multi-employer benefit fund. (Arguments for personal liability of officers based upon officers' improper characterization of repaid corporate contributions as loans, when they were de facto contributions to equity).
Environmental Representation: Coordination of proper characterization
disposal of materials from tank farm
tank closures
negotiations with the Michigan Department of Natural Resources
the Environment (MDNRE ) for resolution of environmental issues.
Negotiations with Ohio Environmental Protection Agency
United States Environmental Protection Agency regarding amendment of state regulation to correspond with federal st
ards for Maximum Achievable Control Technology,
related request for changes to State Implementation Plan.
Coordination of site clean-up
negotiations with MDNRE for resolution of environmental issues.
Presentations to,
negotiations with United States Environmental Protection Agency resulting in revision of proposed new NESHAP/MACT st
ard,
resulting in exemption of a specified industry segment.
Preparation of Brownfield Redevelopment Plan,
Work Plan to Conduct Eligible MEGA Redevelopment activities. Presentations before Brownfield Redevelopment Authority, resulting in approval of Brownfield Redevelopment Plan, Work Pan,
acquisition of Tax Increment Financing.
Negotiations with Michigan Department of Natural Resources
the Environment ( MDNRE ) regarding innovative solutions for wet weather sanitary sewer overflow issues
negotiation of associated Administrative Order of Consent.
Successful action in federal court against various insurance carriers, obtaining settlement in excess of $1,000,000 resulting from insurers' wrongful denial of coverage for claims against insured involving environmental contamination.
Successful preparation
acceptance of industrial Brownfield Redevelopment Plan resulting in tax increment financing
approved tax credits in excess of $1,00,000.
Obtained judgment in favor of plaintiff corporation, in United States District Court, for damages arising from environmental contamination caused by neighboring corporation.
Full responsibility for negotiations
resolution of environmental issues in connection with corporate divestiture involving dozens of industrial
commercial site located throughout various states
in three countries, resulting in successful sale in excess of $400,000,000.
Coordination of remediation, industrial site redevelopment project
sale of large, long term scrap yard.
