Notable Cases and Results

From previous clients

_DSC0250-Pano.jpg

 

Below is a small list of the more notable cases I have personally handled. All of these are my clients, and their identities have been hidden for confidentiality purposes.


 

Father Acquitted Of Life Felony; Reestablishes Parenting Time/Custodial Rights

         

A client charged with criminal sexual conduct in the first degree for allegedly molesting his daughter, being a capital offense with a maximum sentence of life and a minimum sentence of 25 years in prison.  After a week-long, heavily contested jury trial in the Macomb County Circuit Court, client was found not guilty of all charges. 

 

While the criminal case was being litigated, a divorce case was also being handled by our firm for this client against his soon-to-be ex-wife, and we were also defending the client from a Child Protective Services Petition that sought the termination of his parental rights.  After the favorable jury verdict was rendered, the CPS Petition was almost immediately thereafter dismissed in its entirety.  A swift resolution of the divorce case followed, with our client immediately receiving parenting time and custodial rights with the daughter that he loved dearly.


 

Father Fights: Wins Sole Physical Custody and Change of Domicile For His Minor Child

 

After enduring a bitter divorce case, our client decided to give his ex-wife a chance at having joint custody of the parties’ daughter, notwithstanding his qualms to the contrary.  Shortly thereafter, his ex-wife began dealing with a host of vices and issues, including inappropriate conduct exhibited toward the minor child in question by her son from another relationship.   

 

While this was pending, our client received an outstanding employment opportunity to serve as an executive for a Fortune 500 company, albeit in Indiana.  He then hired our firm once again in a post-judgment setting to not only seek sole physical custody of his daughter due to the changed circumstances, but to also seek a change of domicile and obtain court permission to relocate his daughter’s residency several hundred miles away.  Again, after a much contested trial that lasted over numerous days spread over several months, we were able to secure a favorable verdict for our client.  He not only obtained sole physical custody of his child, but he was also granted permission to immediately relocate her to the State of Indiana, a venue that he had already been forced to relocate to from Macomb County while the matter was actually being litigated.

 

Shortly after this case was concluded, we obtained an identical result in favor of a non-custodial father who sought sole physical custody and a change of domicile of his children to the State of Florida.  The complexity and emotions involved in cases such as these are of the grandest scale, and the degree of preparation and advocacy that is needed for favorable results is something that we believe our firm routinely provides to all of its clients which is not necessarily exhibited by other local practitioners. Although these custody matters involved fathers, we have represented hundreds of mothers and fathers in virtually every type of domestic case imaginable.


 

Prosecution and Defense of Home Defect/Seller’s Fraud Cases

 

Our firm has been published in several local periodicals, including the Michigan Bar Journal  that reaches all attorneys in the State of Michigan, for both the legal and trial experience that we have concerning the litigation of “as is” clauses in sales of residential or commercial properties, and in litigating trespass/nuisance and fraud cases in real estate matters.  Cases of this type are very fact sensitive, and hinge upon effective witnesses and client preparation, proper utilization of expert witnesses, great attention to detail, and much investigation.

 

We have litigated and tried cases of this nature from both the plaintiff’s and defendant’s perspectives.  In a circuit court matter that was greatly contested by the sellers, contractors, and insurance companies involved, we were able to reach a favorable resolution for our clients on the eve of trial.  After being threatened with appeals after successfully defeating a motion to dismiss filed by the defendants, our clients were able to secure a financial settlement that afforded them the opportunity to pay for the needed repairs that our expert witnesses opined were necessary for purposes of restoring their property to the proper condition. 

 

In two separate Macomb County matters, our firm was actually retained by the sellers of residential properties to defend them from fraud claims brought by the purchasers.  There was a lack of insurance coverage due to the fraud allegations, and after a two-week long trial in one matter and a binding arbitration in the other, the respective jury and arbitrator rendered verdicts in favor of our clients, finding no cause of action against the plaintiffs.  Neither plaintiff received anything on their claims which were litigated over a two-year time period in each case.


 

Watercraft Accident Yields Six Figure Settlement

 

In a case that was vigorously defended in Livingston County, we were able to secure a six figure settlement for our client who was involved in a wave runner accident.  After defeating the defendants/insurance companies who filed motions to dismiss our claims under various theories, we were thereafter able to secure this settlement and convince defense counsel to properly compensate our client for the damages she sustained to her leg and other portions of her body.  The case was interesting in that it dealt with riparian (water) rights and some rather innocuous language found in the watercraft insurance policy.  The trial court did agree with our firm that the language of the policy was so unconscionable, one-sided, and contradictory, that it should be interpreted against the insurance company itself due to its own language and use of verbiage. 


 

Construction/Demolition Dispute

 

We pride ourselves on representing many small to mid-size businesses, handling all of their contract, litigation, collection, or other needs.  In a recent case that was submitted to binding arbitration after being litigated for over a year in the Oakland County Circuit Court, we received an extremely favorable result for a local builder that we have represented since the late 90’s.  Not only did we receive a verdict for the entire amount that our client claimed was owed to it for unpaid billings of this significant demolition and remodeling project, we were also able to obtain an imposition of attorney fees based upon a contract that we re-drafted for the client to include language providing for an award of costs and fees.  This is something that is not typical in most civil litigation in the State of Michigan, but based upon the advice provided to our client in redrafting the contract in question, we were able to provide the company with additional safeguards for the future and allow it to obtain reimbursement of its legal expenses related to its pursuit of monies owed by the homeowners.

 

Furthermore, the homeowners filed a counter-suit seeking over $180,000 in certain damages based upon fraud, breach of contract, negligence, violation of the Builder’s Trust Fund Act, and other theories.  The homeowners also attempted to pursue criminal claims against our client which we were able to swiftly dispose of without any charges being brought whatsoever.  After a great deal of discovery and investigation, which included the utilization of expert witnesses, engineers, and various suppliers or subcontractors involved in this mass project, the homeowners received nothing on the counter-complaint they filed against our client.


 

Roe v. Wade For Men And Related Matters

 

The case that became known as Roe v. Wade For Men was handled by our firm, being selected as the attorney to represent that plaintiff after a nationwide search by the organization that sought to initiate this litigation in the U.S. District Court for the Eastern District of Michigan.  Although we were eventually unsuccessful at the federal trial court level, the exposure and notoriety that our firm and the cause received from judges, members of the bar, local and national media, etc. was astounding.  We truly believe this case served as a springboard for subsequent legislation that has been passed in the State of Michigan. 

 

As a result of this case, our firm has received countless new matters since the Roe v. Wade for men case was litigated, representing both mothers and fathers alike.  Handling this litigation has provided us with a wealth of experience in the paternity, custody, child support, and other related domestic areas, providing us with the knowledge and expertise to represent both sides of the equation in custody or domestic disputes.

 

This case led to our firm being retained to represent an out-of-state father who exhaustively litigated his claims for parental rights toward his daughter, who was born while the natural mother was married to another man here in the State of Michigan.  We originally won all legal issues presented to the Wayne County trial court in our case, but the presiding judge’s rulings were eventually reversed by the Court of Appeals.  However, it is believed that the case that we litigated to the appellate level on behalf of this natural father led to the passing of what has now become known as Michigan’s Revocation of Parentage Act.  This newly created statute drastically changes decades’ worth of case law, and allows certain individuals who were previously unable to pursue parental rights or determinations to now be afforded those opportunities.  It is strongly believed that our litigation of these cases helped lend itself to the adoption and passage of this new law.  Our firm is currently handling cases of this nature under the new statute, pursuing parental rights or attacking improper pursuits by alleged fathers under this same statute, depending upon whether we are retained by mothers with children involved in this type of situation or putative fathers seeking legal rights.


 

Fraud Charges Against Corporate Officer Dismissed

 

Even before the case was sent to the jury for deliberation, we were able to secure a directed verdict (in essence a dismissal) of all charges brought by the Wayne County Prosecutor’s Office against a corporate officer.  If the client would have been convicted of these charges, not only would he have jeopardized his position with the companies he was involved with, but it would have also significantly impacted (if not destroyed) his licensure as a Certified Public Accountant in the State of Michigan.  The trial judge agreed with our arguments, directing a verdict of not guilty before the defense even presented one witness, let alone the case being submitted to the jurors. 


 

Tenants Successful In Pursuing Return of Security Deposit And Defending Frivolous Counter-claim Brought By Former Landlord

 

We pride ourselves on having represented hundreds of landlords and/or tenants in eviction and other related proceedings.  As with many of our cases, we have handled such matters on both sides of the legal equation, which provides our firm with invaluable experience and an ability to fashion successful legal arguments for plaintiffs and defendants alike whether it be a husband and/or wife in a divorce case or, as in this matter, a tenant versus a landlord.

 

This case presented our clients’ as tenants who were seeking the return of their security deposit and other claims against their former landlord.  In turn, the landlord filed a countersuit making false allegations against his former tenants.  After conducting a bench trial in a local Macomb County District Court, the court agreed with each and every one of our arguments in their entirety.  Our clients were successful on their complaint for purposes of return of their security deposit and other monetary damages.  Furthermore, we were able to secure a dismissal of the landlord’s counter-complaint and all of the allegations her brought against the tenants, with the landlord receiving nothing on his claims.  We were lastly successful in receiving an award of attorney fees against the landlord on behalf of our clients. 


 

Drunk Driving Charge Yields Not Guilty Verdict

 

After heavily litigating a drunk driving case for over a year in a local Macomb County District Court, we were able to secure a not guilty verdict to a charge of operating while intoxicated brought against our client.  The case centered around very specific facts that involved a detailed chronology and timeline which we were able to persuasively present to the trial court judge through witness preparation, detailed investigation, and proper preparation of our client to testify on his own behalf and to successfully deal with the cross-examination of the local prosecutor.  Our client’s employment was directly related to driving and, in all reality, a guilty verdict would have presumably forced him to surrender his Commercial Driver’s License and be terminated from his place of employment.  After very short deliberations, our client was found not guilty of all charges brought against him. 


 

CSC Charge Dismissed Against Longtime Public Official

 

Our firm has the privilege of traveling across the State of Michigan to handle various cases, going beyond our normal practice areas in the metropolitan Detroit area.  This criminal sexual conduct in the first degree case involved a longtime public official who was charged with molesting a young girl.  Through vigorous discovery, investigation, and in taking the stance that the case was going to be heavily contested at all stages, we were able to secure a dismissal of this charge in its entirety at the preliminary examination level.  The credibility of the complainant was highly suspect, and it is believed that the vigorous nature in which the defense was pursued caused the prosecution to dismiss all charges and exonerate our well-known and respected client. 


 

Homeowner Sues Remodeling Contractor

 

This case involves a lawsuit we filed on behalf of homeowners who hired a contractor who not only took our clients’ money and did not provide certain contractual services, but also provided very deficient work on other areas of their home.  After avoiding service for several months, we were able to secure service of our lawsuit upon the construction company and have defaults entered against the company and individual owners based upon fraud, Consumer Protection Act, and other theories.  When opposed by the Defendants, the Judge upheld these defaults and stated that liability cannot be litigated, simply leaving the only issue to be addressed by the court as the amount of compensation our clients would receive to do the necessary repairs and to be reimbursed for monies paid to their construction company.


 

 

Young Man Gets Drunk Driving Causing Serious Injury Dismissed and Earns Possibility of Dismissal

 

Sometimes our results are based upon the relationships we have established for over the last two decades with members of the bench and our adversaries, as well as thinking outside of the box.  A recent client was involved in a significant personal injury accident where he had been drinking and faced various charges, including a serious felony that could never be expunged or resolved through some type of diversionary program.  In coming up with a truly unusual option, coupled with providing our client some very important suggestions that could assist us in hopefully getting the result we were pursuing, we were able to secure a dismissal of the original charges brought against the client.  We then received the consent of the assigned Judge and Prosecutor to plead to an alternative count that the client could get dismissed after successfully completing a probationary term, maintaining no record whatsoever and not receiving any incarceration.  The rest is in the client’s hands, but the result we received was one the Judge and Prosecutor had never even considered or heard of in the past.


 

Man Charged with Attempted Murder Convicted of Lesser Assault and Receives Local Time and Probation

 

A client was charged with attempted murder after a stabbing that took place at a local bar.  We were able to convince the jury that the required intent was not present in these circumstances, and the client was convicted of a lesser assault charge that afforded him the opportunity to avoid a life sentence.  Our client instead received a local sentence to be served in the Macomb County Jail, followed up with probation, rather than spending the remainder of his life behind bars.