Michael C. Simoni

Experience

Prior to joining Miller Canfield, Michael clerked for the Honorable Lawrence P. Zatkoff of the United States District Court for the Eastern District of Michigan.  His clerkship experience provides a unique insight into the judicial decision making process that allows Michael to effectively and efficiently advocate for his clients.  Michael has experience in dealing with a host of federal issues, including commercial disputes, employment discrimination, securities fraud, patent, trademark and copyright infringement, and various procedural matters at both the trial and appellate level.

Michael has also gained expertise in the admissibility of expert testimony at trial and has authored and responded to numerous Daubert challenges in state and federal court.

Representative Matters

• Package Delivery Service Contractor Dispute

  Managed large scale document collection and review in claims of fraud, breach of contract and unjust enrichment by package carriers against billion-dollar package-delivery company and successfully obtained partial summary judgment against multiple plaintiffs on statute of limitations grounds.

• Securities Broker Fraud and Fiduciary Duty

  Defended broker and brokerage firm against claims of securities fraud, misrepresentation, churning investment accounts, breach of fiduciary duties and breach of contract, and obtained a judgment of no cause of action following full arbitration hearing.

• Securities Broker Expungement Dispute

  Successfully obtained court order directing Financial Industry Regulatory Authority to expunge investors’ meritless claims from public records of securities brokers.

• Wheel Manufacturer International Breach of Contract Claim

  Obtained summary judgment on behalf of Indian corporation on claims of breach of contract involving purchase of large industrial presses.

• Investor Dispute with Limited Liability Company Manager

  Represented investors in claim for securities fraud against the manager of a limited liability company and defeated the defendants’ motion to dismiss and motion for summary judgment.

• Automotive Consultant Appeal of Adverse Jurisdictional Ruling

  Represented Michigan corporation and successfully obtained reversal of trial court order regarding personal jurisdiction over foreign corporation in sales commission dispute.

• Automotive Repair Shop Trademark Dispute

  Obtained favorable settlement on behalf of leading automotive repair shop on claims of trademark infringement.

• Electronic Automotive Inspection Equipment Trademark Dispute

  Obtained favorable settlement on behalf of leading maker of electronic-paint-thickness gauges on claims of trademark infringement and false advertising.

• Automotive Supplier Contract Dispute

  Successfully defended against customer’s motion to dismiss client’s breach-of-contract claims involving supply of specially designed and manufactured tires and wheels.

• Pro Bono Breach of Contract Dispute

  Represented single mother against automobile financing company and obtained judgment of dismissal on financing company’s breach-of-contract claim and favorable monetary settlement of client’s counter-claims for fraud and unjust enrichment.

• Pro Bono Representation of Credit Card Debtor

  Represented credit card debtor in dispute with debt-collection company and obtained favorable settlement of dispute for less than ten percent of alleged debt.

• Credit Union Repossession Dispute

  Won dismissal of breach of contract claim on behalf of secured creditor on claims of wrongful repossession.

• Convenience Store Civil Rights Dispute

  Won dismissal of sex and disability discrimination claims against nationwide gas station/convenience store chain.

Professional Activities

• American Bar Association, Securities Litigation Committee, Programming Subcommittee co-chair 2011-present; Appellate Practice Committee, Membership and Diversity Subcommittee chairperson 2009-2011; Intellectual Property Litigation Committee
• Federal Bar Association
• State Bar of Michigan
• Macomb County Bar Association
• Michigan Intellectual Property American Inn of Court

Honors + Awards

• Wayne State University Law School, magna cum laude; Wayne Law Review, Senior Note & Comment Editor/Assistant Editor; Dean's Scholar; Order of the Coif; Silver Key Certificate

Civic, Cultural + Social Activities

• Old Newsboys’ Goodfellows Fund of Detroit
• University of Michigan Alumni Association
• Federalist Society

Publications

"The Confusion Continues over Key Word Confusion," (Co-author A. Michael Palizzi), American Bar Association, Intellectual Property Law Section, Landslide, September/October 2012

"Tuning Up the Motor City: The Viability of Restructuring Detroit's Oppressive Property Tax System within the Boundaries of Michigan's Constitution," 51 Wayne L. Rev. 1309 (2005)

Seminars + Events

• Before the Bell Breakfast Forum: Ponzi Schemes - Are You At Risk?

Articles + Newsletters

• The Confusion Continues over Key Word Confusion
• Global Automotive Newsletter