BREACH OF CONTRACT

CASE:

In April 2004, we obtained a $10.2 million dollar jury verdict as well as the recovery of attorney fees on behalf of a woman after her live-in paramour refused to honor two separate agreements they executed. The two had lived together for almost eighteen years where, during that time, our client was promised lifetime financial support to sustain her luxurious lifestyle in exchange for various services she performed for both the defendant and his many companies. The jury trial lasted almost two full weeks and the case garnered much media attention including ABC's "20/20". Our client sued based on breach of an express contract. Plaintiff claimed that Defendant breached oral agreements made in 1986 and in 2000 by failing to pay Plaintiff in accordance with the agreements. In 1986, Defendant told Plaintiff that, in exchange for Plaintiff's services as Defendant's personal assistant, he would provide her with a financially secure future, in that she would live the same lifestyle in which she had become accustomed while working for him.

CASE:

In May 2007, Hyman Lippitt, P.C. successfully defended a “Big Three” automobile manufacturer against a $28,725,000.00 breach of contract claim by a Tier-1 axle supplier. Although the Tier-1 supplier claimed that our client had breached the parties’ agreement during a three and a half week trial, we persuaded the jury that our client had not breached the parties’ agreement and therefore, the jury returned a verdict of “no cause of action” in our client’s favor (concluding that the Tier-1 supplier was entitled to absolutely no damages against our client).

CASE:

In November 2007, Hyman Lippitt, P.C. – in conjunction with our client, a renowned trial attorney – obtained a $7,250,000.00 jury verdict against two Arizona attorneys and their law firm for legal malpractice, breach of contract and breach of fiduciary duty. Although the Arizona attorneys were merely hired by our client to act as local counsel in a wrongful death action, the Arizona attorneys wrongfully appropriated both the clients and attorneys’ fees in the underlying matter. Consequently, following a two-week trial, the jury agreed that our client was entitled to $7,250,000.00 for damages associated with the wrongful conduct of the Arizona attorneys.

CASE:

We represented a start-up third party automobile supplier and obtained an arbitration verdict of $ 11 million on its behalf after one of the big three automakers breached the parties' written agreement. Our client had developed a unique software facilitating program that allowed other suppliers to interface with the manufacturer's ever changing requirements. Although our client was a startup company, and had no history of profits, the automaker agreed to a term agreement agreeing to use the software product for a specific period of time. However, the automaker breached the agreement on the first day after the writing was executed. After a week-long arbitration, and after we demonstrated our client's projected lost profits over the expected term of the contract, the arbitrator ruled in our favor awarding lost profits and other damages.

CASE:

Local real estate developer retained us to file an action in the United States District Court against a major life insurance company and its subsidiary for breach of a joint venture agreement to acquire an internationally acclaimed high-rise building in Miami, Florida. After a jury trial lasting three weeks, at the close of testimony Defendants agreed to pay our clients $5,000,000 cash.

CASE:

An Ohio plastic injection molding manufacturer catering to the auto industry refused to pay our client, a local manufacturers’ sale representative, its commissions after the principle was acquired by a new company. We filed action in the United States District Court, obtained summary judgment on liability, and after a trial on damages, obtained a jury verdict on behalf of our client in the sum of $4.4 million. With interest, the judgment exceeded $5,000,000.

CASE:

A well-established, reputable tier-one automobile supplier entered into a contract with two retired partners of a big six international accounting firm to pursue acquisition opportunities. When the supplier discovered that the joint venture partners were pursuing separate opportunities for themselves, the supplier terminated the accountants’ services. The accountants filed a breach of contract action against the supplier seeking $3,500,000 in damages. We filed an answer denying liability and a counter-claim for the accountant’s breach of contract. After the jury trial, we obtained a no cause for action on the accountants’ claim and a verdict of $2,000,000 on our counter-claim.

CASE:

Sellers of a medical pathology laboratory retained us to represent them when the purchaser, a publicly traded company, failed to pay the balance of the purchase price. Defendant claimed no monies were owed based on an “earn-out formula”. Following a four day bench trial, the Court found for our client and ultimately entered a judgment in excess of $800,000.

CASE:

Retained by a large general contractor to pursue an action where the property owner was unwilling to pay the balance due under a construction contract as well as the costs, interest and attorney fees provided for under the contract. After arbitration, we were successful in obtaining a judgment for the general contractor in excess of $800,000 plus costs and attorney fees.

SHAREHOLDER DISPUTES

CASE:

The President and 50 percent shareholder of a multi-million dollar national enterprise retained us to defend a shareholder oppression action brought by his siblings seeking over $200 million in damages and other relief for alleged usurpation of corporate opportunities, breach of contract and breach of fiduciary duty. After several years of pre-trial maneuvering and interlocutory appeals to the Michigan Court of Appeals and Michigan Supreme Court, the case went to trial. Shortly before trial plaintiffs hired a nationally known trial firm with billions of dollars of verdicts in its portfolio. After a jury trial lasting 11 weeks, the case was settled. While the results are confidential, our client believed we achieved a very favorable result.

CASE:

Our client, a minority shareholder, had been frozen out of his corporation by his partners and fellow shareholders. We took over this case from another law firm after 1 1/2 years of litigation when the case was on the verge of dismissal. After discovering an important document and pursuing a new theory overlooked by predecessor counsel, we persuaded the court not to dismiss the case. Shortly thereafter, defendants came to the table and the matter was settled for $600,000. In addition, we are pursuing a malpractice claim against predecessor counsel for all our client’s attorney fees.

CASE:

Minority shareholder of a closely held corporation retained us when he was not receiving his fair share of earnings of the company and was being denied his reasonable expectation of employment. After a year and a half of extensive discovery and dispositive motions, Defendants agreed to pay over $1,000,000 for our client’s stock as well as a severance package which made it possible for him to retire very comfortably.

CASE:

Our client, a fifty (50%) percent shareholder in a closely held family owned business brought a claim for oppression and dissolution based on deadlock. Discovery was quite extensive and numerous substantive and dispositive motions were argued. Ultimately, the case went to special mediation and the confidential settlement was resolved very satisfactorily to our client.

EMPLOYMENT LAW

CASE:

CASE: After learning its Chief Operating Officer had misappropriated corporate assets, utilized employee resources for his personal benefit and engaged in kickback schemes, a specialty vehicle manufacturer retained Hyman Lippitt, P.C. to pursue an action in circuit court against the COO for breach of fiduciary duty, conversion, embezzlement and conspiracy. While the COO responded by filing an action against our client in federal district court for breach of his severance agreement, our client and its Chief Executive Officer were subsequently compelled to file another circuit court action against the former COO and his new employer for breach of contract, tortious interference with a business relationship and defamation upon learning that the former COO and his new employer were intentionally interfering with the operations of his former employer. After Hyman Lippitt, P.C. obtained a preliminary injunction against the COO and his new employer (suspending their operations), the parties agreed to submit their entire dispute to binding arbitration. In May 2007, following a thirty-three day arbitration hearing, Hyman Lippitt, P.C. obtained a net $816,590.43 arbitration award on behalf of our clients against the former COO. Although the former COO sought damages in excess of $4,500,000 associated with his claims, the arbitrator nevertheless found that it was our clients who were entitled to a net award of $816,590.43 after we proved that the COO was liable for breach of fiduciary duty, breach of contract, tortious interference with a business relationship, conversion, embezzlement, conspiracy and defamation.

CASE:

One of the oldest and most distinguished nationally known Michigan law firms retained us to defend a sensitive sexual harassment suit brought by an employee claiming that a senior partner in the firm repeatedly made inappropriate sexual advances towards her. After discovery and mediation we were successful in settling the case before trial for a nuisance value.

CASE:

An employee brought suit against our client, a residential building company, alleging wrongful discharge and sexual harassment seeking damages in excess of $500,000. Although our client admitted that Plaintiff was entitled to approximately $17,000 in sales commissions that had accrued (after the suit had been filed), it denied any wrongdoing and maintained that she was fired for cause (even though no cause is required). Following a very contentious five day jury trial, the jury rendered an award of no cause for action on both the wrongful discharge and sexual harassment claims and awarded Plaintiff $11,000 for her commissions. Because the verdict was less than the mediation award. Plaintiff wound up being liable to our client for attorney’s fees in excess of $30,000.

CASE:

A plant manager and former vice-president of one of the “big three” automobile manufacturers was terminated after a management shake-up. We started suit and after completion of discovery successfully negotiated a $1,000,000 settlement in his behalf.

CASE:

We successfully defended a national retail franchiser in an age discrimination/wrongful discharge action obtaining a full dismissal.

CASE:

We successfully defended a large regional apartment operator in a race discrimination action, obtaining a full dismissal.

CASE:

We obtained lifetime hospitalization insurance for more than 200 widows of retired City of Detroit policemen and firefighters in an action against the City.

CASE:

We defended a local financial institution and its president in a sexual harassment matter. The case settled for a nominal amount the first day of trial.

REAL ESTATE - ZONING

CASE:

In representing real estate developers owning over 4,000 apartment units, we were successful in obtaining a declaratory judgment striking down a refuge collection ordinance as unconstitutional. The ordinance required local businesses to use the Township’s collection and incineration service. Our work resulted in the eventful closing of an incinerator serving five municipalities and savings of millions of dollars to our clients.

CASE:

After a lengthy trial, the court awarded mobile home parking zoning to our client and required the city to pay over $500,000 in damages along with attorneys’ and expert witness fees.

CASE:

Our client was a young minority real estate entrepreneur. When hard times struck, he lost a valuable piece of commercial real estate by foreclosure. We claimed that during the redemption period, the Defendant, who had acquired rights to the property, interfered with our client’s rights of redemption. Following an evidentiary hearing and some very creative briefing, the Court held that Defendant’s conduct was improper. The case is currently on appeal. If the lower court is affirmed, the property will be returned to out client with a net equity in excess of $1,000,000.

CASE:

Retained mid-case, to defend a multi-national corporation, its two principal shareholders and a single asset entity owned by one of the shareholders in litigation arising out of the failure of a partnership between the single asset entity and an unrelated party. Plaintiff, landlord, sued both partners for breach of a lease agreement, but sought alter ego liability against the multi-national corporation and its individual shareholders. Our clients were cross-claimed by their partner for damages arising out of the failure of the partnership and the partner also sought alter ego liability from the multi-national corporation and its individual shareholders. After extensive discovery battles, we obtained summary disposition of all claims by all parties against the multi-national corporation and its shareholders, leaving only an uncollectable entity exposed to liability potentially exceeding $1,000,000.

CASE:

We were retained by one of the largest property management firms in the State of Michigan to defend an action brought by the Fair Housing Center of Michigan alleging across the board housing discrimination in the rental of apartments throughout the State of Michigan. After over one (1) year of discovery we were successful in settling the matter for a fraction of the Center’s demand saving our client hundreds of thousands of dollars.

MALPRACTICE

CASE:

Our client retained us to file a legal malpractice action against its former law firm. As a result of our client’s former law firm’s errors, the client was forced to settle what should have been an $800,000 matter for an amount exceeding $2 million. After engaging in significant discovery and after we completed several key depositions, the law firm’s insurance carrier took the unprecedented step of recommending facilitation—well before the case evaluation and summary disposition stage. As is our practice, we vigorously and thoroughly presented a compelling case and obtained a highly successful settlement through facilitation. Our client was extremely pleased with the result and has transferred all of its litigation and transactional matters to our firm.

CASE:

A certified public accountant headed a fifteen member public accounting firm. He also owned and operated several hotels. He was retained to provide consulting services to three would-be hotel owners looking to acquire a 250 room hotel, restaurant and banquet facility for the sum of $1.75 million. After reviewing the financial information provided by the sellers, our client advised the would-be owners that they would lose approximately $30,000 per month. As a result of his advice, they terminated negotiations. Approximately 12 months later, our client purchased the hotel for himself for the net sum of $1.3 million. Plaintiffs brought an action against our client for malpractice, breach of fiduciary duty and interference with an advantageous business expectancy. Among other things, Plaintiffs claimed that our client failed to disclose to them the fact that he had a prior relationship with sellers and was very familiar with the hotel property. They also claimed that our client attempted to extort several hundred thousand dollars in consideration for assigning his right to purchase the hotel to them before closing. By the time the jury was selected, the appraised value of the hotel was at least $6 million and, according to Plaintiff's appraiser, $9 million. Following an eight day jury trial, the jury rendered an award of no cause of action on all of Plaintiff's claims. Because the verdict was less than the mediation award of $1.2 million, Plaintiffs were ordered to pay in excess of $250,000 to our client for attorneys' fees.

CASE:

The President and minority shareholder of a local family owned stamping company was terminated by the company after the family attorney recommended his firing to other shareholders who were also family members. After settling with some of the shareholders, we proceeded with a malpractice action against the attorney premised on his conflict of interest. After a jury trial lasting three weeks, we were successful in obtaining a jury award in behalf of our client of $2.1 million.

GENERAL TORT LITIGATION

CASE:

We were retained by an incarcerated client serving 8 to 15 years for allegedly having inappropriate, yet consensual, sexual relations with a minor. The minor, through her mother, pursued an assault and battery and intentional infliction of emotional distress claim against our client. Through our efforts, the minor was examined by our retained expert psychiatrist who determined that the minor’s mental and physical development was not impaired in any way. During discovery, we obtained the minor’s school and social records which revealed that the minor excelled in school and enjoyed a healthy network of friends. The minor’s attorney attempted to block and frustrate our discovery efforts, which we vigorously pursued before the trial judge. Shortly thereafter, we obtained a complete order of dismissal with prejudice.

CASE:

We successfully represented two individuals who used to be members of a local church. Our male client, the church's office manager, was improperly fired after he discovered and reported that the head pastor's sons had committed rule violations and other atrocious acts. Our female client was a young lady who was fondled inappropriately on several occasions by another son of the Head Pastor. Our intense discovery revealed that the Head Pastor had actual knowledge about his sons' actions but chose to take no actions. We settled shortly before the scheduled trial on both cases. Although the settlement amounts are confidential, both clients were extremely pleased and satisfied with our results.

CASE:

A local police K-9 officer was assaulted in the line of duty while attempting to arrest a drunk driver on the driver’s property after a short chase. The officer’s injuries were not substantial and the pre-trial mediation award was only $30,000. After consultation with the client, we accepted the award on his behalf. Defendant, a wealthy businessman, rejected the award and the case went to trial with a jury verdict of $750,000 in our client’s favor.

MATRIMONIAL LAW

CASE:

We were retained to represent a young lady in her divorce from a wealthy eccentric shopping center developer. The duration of the marriage was only 5.6 years and the husband claimed that our client did nothing to contribute to the enhancement of his vast estate. In spite of that factor, after a lengthy trial, the court awarded our client $1 million for each year of the marriage for a total sum of $5.6 million.

WILL CONTESTS

CASE:

We represented ten nephews and nieces in a challenge to their uncle’s Will leaving his entire estate to charity. We obtained a $4.5 million settlement which represented a substantial portion of the entire estate.

CASE:

Another will contest where three children were disinherited pursuant to their mother’s Will signed several months before her death. Although she never donated any money during her lifetime, the descendent gifted her entire estate to three prominent charities. During discovery, facts developed in support of our claim that the mother lacked testamentary capacity. Rather than risking a trial, the charities agreed that the children would be entitled to 45% of their mother’s estate, which had a net worth of excess of $3,500,000.

CONSTRUCTION LITIGATION

CASE:

We represented and continue to represent a large national insurance contractor. In this instance, our client was sued for allegedly failing to remediate toxic mold in a large residential home. The plaintiff was represented by a plaintiff’s firm known for pursuing toxic mold cases. After significant discovery and after significant briefing and research, we successfully convinced the trial court to dismiss the plaintiff’s case in its entirety. The plaintiff then sought to appeal the trial court’s dismissal. Our appellate department vigorously and successfully defended the dismissal order before the Michigan Court of Appeals. As a result of our thorough defense of the matter, our client saved millions of dollars in potential exposure.

INSURANCE LITIGATION

CASE:

Our construction client, a general contractor, hired a subcontractor to perform window installation on a large commercial building. The subcontractor obtained an insurance policy on its workmanship, naming our client as the beneficiary. After our client discovered that the subcontractor had installed the windows defectively, it incurred hundreds of thousands of dollars in replacement costs and the subcontractor filed for bankruptcy. On behalf of our client, we pursued claims against both the subcontractor’s insurance agent and the actual insurance company for reimbursement. After completing several key depositions, and after we successfully defeated all summary disposition motions, we obtained an extremely high settlement from both the insurance agent and the insurance company, including compensation for our client’s attorney fees.

CASE:

We obtained a $1.5 million jury verdict on behalf of our large janitorial services client after we proved that the defendants, insurance agents, had fraudulently sold our client non-existent health insurance policies for our client’s employees. The jury verdict included exemplary damages, actual damages and compensation for our client’s attorney fees.

MISCELLANEOUS

CASE:

We obtained a no cause of action order on behalf of a client who retained us merely days before his scheduled trial. Our client was facing a potential $450,000.00 personal judgment on a bank guarantee and his former counsel never asserted a viable defense. Fortunately for our client, however, we discovered that the Plaintiff never filed a witness list. By knowing and applying the applicable court rules, the court granted our motion to dismiss the action against our client.

CASE:

An overzealous landlord pursued our client individually and his numerous partnerships for an alleged breach of a lease agreement. Although only one entity signed the lease agreement and although our client admitted liability on behalf of that entity, the landlord wished to “pierce the corporate veil” and attach liability against our client individually as well as his other entities he owned and controlled. After holding a bench trial, and as a result of our briefing, the court decided that the Landlord failed to assert a viable cause of action and ordered the Landlord to pay our client’s attorney fees.

CASE:

A client came to us after a judgment exceeding $5 million had been entered against it—all stemming from an approximately $800,000.00 employment matter with one of its former employees. Represented by another law firm, the client spent over four years in litigation, sat through a week long jury trial, and came to us economically exhausted. Facing the significant and realistic fear of bankruptcy, our appellate department filed for and obtained an order of peremptory reversal from the Michigan Court of Appeals, which reduced significantly the verdict and judgment by over $2 million. Although the trial court entered an amended judgment in the amount of approximately $3.6 million, our appellate department mounted a vigorous appeal and obtained a highly successful settlement in an amount far below the amended judgment. As a result of our efforts, our client is now economically healthy and prosperous. Furthermore, since our client was so pleased with the result, it transferred all of its litigation and transaction business to our firm.

CASE:

We obtained a settlement exceeding $1 million on behalf of our client, a young start-up specialty beer distributor. As is typical in our firm, the client was previously and unhappily represented by another law firm. The defendant was an international beer distributor and it was represented by one of Michigan’s largest law firms. Although our client was young and inexperienced, we successfully demonstrated that the defendant lured and transferred our client’s customers to another preferred beer distributor. After we successfully defeated all of the defendant’s summary disposition motions, we immediately focused on preparing for trial. Although our client did not have a great profit history, the defendant did not want to go to trial with us and agreed to the settlement.

CASE:

Our client came to us after a $950,000.00 default order was entered against him. In this case, the plaintiff was our client’s son in law who was in the middle of a separate divorce proceeding with our client’s daughter. To obtain the default, the plaintiff filed a false affidavit claiming that our client allegedly owed him hundreds of thousands of dollars. After our involvement, we obtained the plaintiff’s filings in the divorce proceeding which demonstrated that the plaintiff had lied in his affidavit. The trial court immediately set aside the default and awarded our client his costs and attorney fees.

CASE:

We were retained by internationally known New York promoters to defend an action brought by the Attorney General to enjoin an alleged unlicensed full contact mixed martial arts event where 14,000 tickets had been pre-sold locally and pay per-view contracts had been signed internationally. After removing the case to the United States District Court and Appeals all the way to the United States Supreme Court in a matter of weeks; then remand back to the State Circuit Court and after a hearing on the day the event was scheduled, we were successful in defeating the Attorney General’s action. The event went on saving our clients millions of dollars.

CASE:

Casino negotiations. We were retained to represent two (2) original investors in a major Detroit casino group. After investigation, they were labeled as Qualifiers with Problems. The Michigan Statute provided that they were only entitled to the return of their original investments. However, we were successful in negotiating a buy-out of their interests for over 120% of their original investment.