Cases

While each of our cases is important, these are some of the more significant reported decisions in which we have been involved. Click on the name to download a PDF of the case:

Gallagher v Kaper Properties Inc. and Kathleen Persha (2016). In June 2016, the Michigan Court of Appeals ruled in our client’s favor in a published opinion. The Court found that if a party has a judgment against a business entity, the party can bring a subsequent lawsuit against a shareholder or officer of that company to pierce the corporate veil, without having any other claims against that person. See our blog post for more details.

Jay S. Turner v J & J Slavik, Inc., State of Michigan Court of Appeals No. 303243, 2012. On Appeal of Oakland Circuit Court ruling, the sole issue is whether the statue of limitations bars plaintiff’s claim that he is a shareholder.  Although a declaratory judgment cannot be used to avoid the statute of limitations for substantive relief, there is no statute of limitations that limits the time period in which declaratory relief must be sought.

Charter School Administration Services, Inc and Michigan Education Association/NEA, Petitioner Case 7–RC–23108 (2008). In a precedent-setting decision, the National Labor Relations Board (“NLRB”) decided that it has jurisdiction over a private company that manages charter schools. Based on our clients’ appeal, the NLRB overruled the contrary decisions of the Michigan Employment Relations Commission and the NLRB’s Regional Director.

No. 251924 Oakland Circuit Court. The Michigan Court of Appeals affirmed the trial court’s grant of summary disposition in favor of Demorest Law Firm’s client. The client had signed a personal guaranty, but DLF successfully argued that the client was not liable because the other guarantor had not also signed the guaranty, as promised.

Steel Associates, Inc. v City of Detroit, 2005 Mich App LEXIS 2553 (2005). The Michigan Court of Appeals and Michigan Supreme Court affirmed a $4 Million jury verdict on behalf of our client, a tenant of industrial property, in an inverse condemnation case.

Smith v Molly Maid, Inc., 415 F Supp 2d 905 (N.D. IL 2005). After a bench trial, trial court ruled in favor of our client, a franchisor, on race discrimination claim brought by franchise applicant.

Merkur Steel Supply, Inc. v City of Detroit, 261 Mich App 116, 680 NW2d 485 (2004). The Michigan Court of Appeals affirmed a $6.8 Million jury verdict on behalf of a tenant of industrial property in an inverse condemnation case. Also affirmed by Michigan Supreme Court.

Bunting v GL & Associates, 2004 Mich App Lexis 3196 (2004). Michigan Court of Appeals affirmed $226,000 verdict in favor of our clients, homeowners who were defrauded by real estate salesperson.

Ahearn v Charter Township of Bloomfield, 100 F.3d 451 (6th Cir. 1996). U.S. Court of Appeals ruled that our clients’ Complaint was improperly removed from state court to federal court by the defendant Township.

Inland Waters Pollution Control v National Union Fire Insurance Company, 997 F.2d 172 (1993). U.S. Court of Appeals ruled in favor of our client on interpretation of insurance policy coverage for pollution.