Search
Successfully representing a master pizza franchisee in a series of high-profile tort cases.
Successfully representing a large service industry franchisor in series of suits by franchisees seeking to exit the system.
Successfully defended county government against a constitutional challenge to capital improvement fees charged by the county to cover costs of increasing water and sewer system capacity for new customers.
Successfully represented large school district in investigating multi-million dollar fraud scheme and litigated claims to a successful settlement recognized by local and national publications as one of the largest recoveries of the year, and assisting U.S. Attorney with successful criminal prosecutions.
On behalf of the Detroit Water and Sewerage Department (“DWSD”), Miller Canfield conducted an investigation of the charges set forth in an indictment returned by a federal grand jury under the auspices of the United States Department of Justice alleging public corruption and other wrongful conduct involving the Kwame Kilpatrick mayoral administration and various DWSD contractors and vendors. As a result of its investigation, Miller Canfield filed in federal court on behalf of the City of Detroit (including DWSD) a civil RICO action against approximately 20 defendant companies and individuals, alleging civil RICO violations, including bribery, extortion, obstruction of justice, mail fraud, wire fraud, money laundering and other charges. After protracted discovery and motion practice, the civil RICO action was eventually settled against a number of the defendants for substantial sums of money. In connection with its work for DWSD, Miller Canfield also drafted the Detroit Water and Sewerage Department Suspension and Debarment Policy, which governs contractual relations between DWSD and its contractors and vendors.
Successfully defended municipality in multiple constitutional challenges (brought by activists, unions and individuals) to the State’s Emergency Manager law
We represented the owners of a high-rise hotel in Grand Rapids, Michigan, which was required to close for two years after it was originally occupied for complete reconstruction because of defective exterior wall panels and internal HVAC design defects. It is reported to have been the largest lawsuit in the history of Kent County. The initial mediation took a full week resulting in a settlement with 29 of the 32 defendants, recovering well into eight figures for the client.
We represented a large west Michigan city with regard to an expansion to its drinking water facility. The city was sued by a contractor for $3 million in damages for delay of the project. We defended the claim and counter-sued for damages with respect to poor workmanship. Utilizing high-technology CAD drawing demonstrations, which were regarded as highly persuasive and effective, we obtained a favorable settlement for the city of $6.2 million and no payment to the contractor.
We represented a national construction manager in defense of $25 million claim by mechanical contractor alleging design defects relating to overhead mechanical systems and asserting claims for scheduling delays. The matter consumed 42 days of arbitration hearings.
We successfully defended a public utility owner and promptly resolved through mediation a multitude of claims by process piping contractor for claimed added scope and alleged design deficiencies resulting in increased costs, inefficiencies and delays with respect to a compressor project. The claims totaled around $5 million. This one of many cases in which we have successfully represented public utilities in claims involving power and generation facilities.
We successfully defended a national construction manager against a steel erector's claims relating to alleged design deficiencies for construction of steel truss roofing system for an indoor NFL football stadium. The claims exceeded $35 million in damages We've also successfully pursued other claims on behalf of the construction manager relating to design errors and omissions.
We achieved a substantial recovery for a national construction manager – and defeated a counterclaim – after an extensive arbitration hearing involving construction of a Native American tribe-owned casino. The firm successfully counseled the client on issues of sovereign immunity applicable to Native American tribes in achieving the settlement.
Miller Canfield represented the Committee for Unsecured Creditors in the bankruptcy case of a building materials chain headquartered in Texas. After we participated in the successful sale of the debtors’ asserts, Miller Canfield began prosecuting avoidance actions. The debtors’ counsel initially estimated that unsecured claimants would receive 45-55 percent of their claims, but because of our successful efforts, by the time the case had closed, the forecast had been revised upward to 72-82 percent. We achieved this result without forcing a single defendant to go to trial, saving resources both for the estate and for the defendants.
We represented a mineral owner in a large and complex oil and gas leasing dispute against Chesapeake Energy, one of the largest producers of natural gas in North America. The matter involved approximately 15,000 acres of land and in excess of $34 million. The controversy surrounded the construction and enforceability of various leasing agreements. Resolving the matter also involved expert testimony on numerous oil and gas issues, including the evaluation of geological formations, drilling, testing methods and results, and trade usage of oil and gas leasing terms. Extensive e-discovery of hundreds of thousands of documents produced in electronic format was required.
Defended a large manufacturer in a state enforcement action regarding alleged groundwater impacts from wastewater discharges, negotiated administrative consent order and remedy. Defended a civil suit brought by nearby property owners seeking damages for alleged groundwater impacts.
Represented municipal landfill in state enforcement action and civil suit by private landowners over groundwater impacts due to migrating solvent plume. Coordinated enforcement response, delineation of impact, and remedy provision of alternative community water supply, with litigation defense to achieve satisfactory settlements for client and community.
Assisted a multinational manufacturer in assessing the impact of U.S. Anti-dumping laws on potential purchases where the export price may be lower than the normal value in the country of export.
Assisted a manufacturing-parts reseller in filing a voluntary self-disclosure with the Census Bureau to report systemic violations as to their reporting within the Automated Export System (AES).
Katrina assisted in the tax structuring of the newly-formed Public Lighting Authority, as part of the City's plan to "light up Detroit" and continue its blight removal efforts. This work involved pre-and post-issuance tax analysis to allow for innovative public and private financing.
Represented an AmLaw 200 firm in the successful resolution of a legal malpractice action related to a patent infringement lawsuit.
Successfully defended athletic association in trial court and court of appeals against breach of contract claims by client’s former vendor seeking millions of dollars in alleged damages.
Represented the company during its expansion of supermarket chains in Poland by providing legal advice, directly or through supervision, on development projects, including securing and subsequent purchase of the land, permitting, general contractor, architect and other associated contracts, and construction process.
Represented the company in public procurement proceedings as well as during project development in various innovative projects including DBFO contract for 300 bed hospital project (PPP model), development of water-park (PPP model) and other projects involving development of medical and leisure infrastructure. Legal aid included negotiation of contract provisions and verification of project’s legal framework and its business consequences.
Represented the company in competing for as well as performance of large scale broadband network projects held in PPP model.
Represented client in various proceedings for IT solutions for municipal public transport services, as well as created legal framework for cooperation between consortium partners.
Represented Michigan quasi-public utility in acquisition of the only known operational fractionated tire fuel system for electrical generation.
Assisted a leading multi-specialty group of physicians in navigating all employment issues – both simple and complex – associated with its merger with a leading physician group practice.
Successfully appealed an adverse decision before an En Banc panel of the Sixth Circuit Court of Appeals on behalf of a prisoner in a Section 1983 case resulting in a change in the law to apply federal law in spoliation cases and a remand of the case.
Represented a start-up microbrewery through the licensing process and, ultimately, a successful appeal of a Liquor Control Commission license denial.
Represented a winery/cidery in negotiations with the Department of Agriculture and obtained a successful determination that certain regulations were inapplicable to the client.
Represented a brewery in litigation resulted in return of the brewery’s property.
Advised a large multi-state grocery chain on the process of transferring alcohol and tobacco inventory when closing a store and coordinated the transfer with the required state regulatory agencies.
Represented one of Michigan's largest multispecialty physician practice group companies in asset sale to one of Michigan's leading physician group practices.
Successfully defended the non-competition provision of a multi-million dollar physician group's shareholder agreements, obtaining a favorable settlement for the client prior to a trial on damages.
Served as lead trial counsel defending a billion-dollar construction management company against a $20 million construction claim brought in a multi-party arbitration.
Successfully defended a client sued by a “whistleblower” under the False Claims Act for damages and penalties totaling more than $10 million. Based on an early and vigorous defense of the claims, Soni was able to convince the federal government to decline intervention. Ultimately, the case was immediately dismissed after it was unsealed.
Represented a major North American supplier of food and industrial starches against breach of warranty claims and successfully obtained summary judgment on all counts – a decision that was affirmed on appeal in the United States Court of Appeals for the Sixth Circuit.
Defended a Michigan-based company against a putative class action lawsuit brought by consumers under the Fair Credit Reporting Act. Prior to class certification, she was able to resolve the dispute on favorable terms that were significantly less than the anticipated exposure from a trial on the merits.
Structured, negotiated and closed $60 million leveraged Federal New Markets Tax Credit transaction involving five Community Development Entities.
Handled the development and construction of a new state-of-the-art manufacturing plant involving over $500 million in capital investment located in South Carolina, including Federal, State and local incentives.
Defending a product manufacturer in a series of national class actions, multiple party and attorneys general lawsuits involving commercial tort and product liability claims.
Representing a school district in a series of cases seeking recoveries against vendors on breach of contract and fraudulent activity claims.
Representing a major financing/real estate company in an action involving a buy/sell agreement for a national shopping mall.
Representing a governmental entity in a class action welfare rights case.
Represented a major retailer accused of race discrimination in a class action contesting its hiring and promotion decisions. Case was resolved for nuisance value.
Represented purchaser with acquisition of multi-million dollar dental practice with multiple locations, including structuring of transaction, obtaining regulatory approvals and third-party consents.
Represented various health care professionals in connection with establishing a multi-disciplinary health care facility, including the acquisition of real property, and preparation of various contracts including leases, cost-sharing agreements and associate agreements.
Worked collaboratively with health care professional's accountants, insurance advisors and financial planners to implement a tax-effective estate plan, utilizing multiple inter vivos and testamentary trusts.
Completed a corporate reorganization to "freeze" the value of a dental practice to permit the issuance of shares to family members to facilitate income splitting among the family unit.
Filed amicus curiae brief in Supreme Court case concerning legislative approval of Indian gaming compacts.
Served as lead counsel in complex litigation concerning the Bureau of State Lottery's introduction of the Club Keno game and its effect on exclusivity provisions in tribal gaming compacts that funded public entity.
Advised client on meaning and effect of current statutes governing horse racing and pari-mutuel gaming in connection with expanding gaming.
Advocated for favorable opinion from Michigan Attorney General regarding meaning and effect of constitutional amendment concerning limitations on expanded gaming.
Counseled client on business promotion technology and adaptations to meet safe harbor provisions of anti-lottery laws.
Counseled client on emerging Native American law issues concerning lending for gaming facilities on land taken into trust.
Represented a lender in an action brought by the lender to enforce a guaranty.
Represented a leading manufacturer of building materials in the complex, multi-party litigation brought following the fire at the MGM Grand Hotel in Las Vegas, Nevada.
Represented Fortune Global 50 company in connection with the sale/leaseback of its $75 million North American headquarters.
Represented energy provider in closings on over $500 million worth of renewable power generation projects.
Represented large commercial and residential developer in the largest residential development in the City of Kalamazoo since the 1970s.
Successfully argued to the Michigan Supreme Court that the termination of a joint tenancy caused solely by the death of the other joint tenant is not a transfer of ownership that uncaps the property taxes under the General Property Tax Act (GPTA).
Successfully argued to the Michigan Supreme Court that the offer of judgment rule (MCR 2.405) did not apply to a monetary settlement offer in return for a quitclaim deed in a quiet title action because said offer was not a "judgment for a sum certain" under MCR 2.405.
Represented Canada's largest insurance rating and broker services company in $110+ million (Canadian) stock and asset sale to U.S. private equity firm.
Represented client in $42 million equity sale to U.S. private equity firm and concomitant creation of only the second certified Minority Controlled Business under NMSDC Growth Initiative.
Represented shareholders in consolidation with another book manufacturing company to form 6th largest book manufacturer in the U.S.
Represented a public safety communications center in an action to vacate a significant arbitration award regarding a dispute with a contractor retained to implement an integrated automated public safety system. The District Court agreed with our arguments that the arbitrator exceeded his authority and vacated the arbitration award. The U.S. Circuit Court for the Sixth Circuit affirmed the District Court's opinion and order and further ordered that the parties select a new arbitrator to decide the remaining issues.
Successfully obtained summary judgment for our client in a premises liability action claiming a significant head injury and substantial monetary damages that was removed to federal court based on diversity of jurisdiction. The District Court held that the accumulation of ice and snow on the retailer's roof was an open and obvious danger under Michigan law.
Representation of owners in the design and construction of complex health care, office and manufacturing facilities throughout the United States. Represented the owner in one of the first large construction projects in Michigan utilizing an Integrated Project Delivery system.
Representation of lenders and special services in connection with the workout and foreclosure planning; post foreclosure management and positioning of assets, including leasing; and subsequent disposition of commercial real estate throughout the Midwest.
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.
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.
Successfully obtained court order directing Financial Industry Regulatory Authority to expunge investors’ meritless claims from public records of securities brokers.
Obtained summary judgment on behalf of Indian corporation on claims of breach of contract involving purchase of large industrial presses.
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.
Represented Michigan corporation and successfully obtained reversal of trial court order regarding personal jurisdiction over foreign corporation in sales commission dispute.
Obtained favorable settlement on behalf of leading automotive repair shop on claims of trademark infringement.
Obtained favorable settlement on behalf of leading maker of electronic-paint-thickness gauges on claims of trademark infringement and false advertising.
Successfully defended against customer’s motion to dismiss client’s breach-of-contract claims involving supply of specially designed and manufactured tires and wheels.
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.
Represented credit card debtor in dispute with debt-collection company and obtained favorable settlement of dispute for less than ten percent of alleged debt.
Won dismissal of breach of contract claim on behalf of secured creditor on claims of wrongful repossession.
Won dismissal of sex and disability discrimination claims against nationwide gas station/convenience store chain.
In an ICDR arbitration we successfully defended a $300 million claim involving the largest reserve of brown coal in the world, located in New South Wales, Australia. The client was a U.S. energy company and the adverse parties were energy companies in Australia and Canada.
After a full hearing in London in an ICC arbitration, we defeated a bet-the-company-division intellectual property claim brought against a U.S. engine manufacturer by a Swiss corporation headquartered in the Isle of Jersey, UK.
We were retained to take over the defense of a German automotive interior manufacturer in a multimillion dollar sales agency dispute brought in the ICC. The client had already lost on the merits, and we successfully limited the claimant’s recovery in a week-long damages hearing in London.
We convinced the U.S. Court of Appeals for the Seventh Circuit to order a terminated distributor’s multi-million dollar claims under the Illinois Beer Industry Fair Dealing Act arbitrated in Poland, then obtained an arbitration award dismissing those claims, which was confirmed by the U.S. courts.
After a full hearing in Stockholm, Sweden we defeated a multi-million dollar intellectual property claim arbitrated under the Swedish Arbitration Act.
We currently are defending a multimillion dollar agency claim in the Singapore International Centre.
Successfully represented an Italian power producer in an ICC arbitration against its European EPC contractor in connection with the construction of a biomass power plant.
Successfully represented a Caribbean power producer in an ICC arbitration against its European EPC contractor involving the construction and operation of a fuel oil power plant.
Successfully represented the Swiss Arbitration Association and the American Arbitration Association as amici curiae in highly-publicized case, Gulf Petro Trading Co. v Nigerian National Petroleum Co., 512 F.3d 742 (5th Cir. 2008), involving a collateral attack upon on international arbitration award.
Successfully represented a real estate developer in federal court litigation and related mediation of a dispute involving the construction of a luxury Caribbean hotel and resort complex.
Won summary judgment and specific performance for the telecommunications subsidiary of a Class I Railroad in federal court litigation and related AAA arbitration and mediation of a dispute related to the construction of a fiber-optic conduit system in the railroad’s right-of-way.
Represented a school district in ongoing litigation against the joint venture hired to manage the district’s $1 billion construction program.
Obtained preliminary injunction on behalf of founding member of LLC who alleged oppression under the Illinois LLC Act and breach of contract; that preliminary injunction was ultimately confirmed by a judgment in favor of the founding member.
Obtained verdict on behalf of nationally known cookware manufacturer in a case involving the trade dress misappropriation of the client’s successful line of cookware by a retail store which received samples of the cookware and later began selling identical cookware. The retailer appealed and the verdict was upheld on appeal by the Fourth Circuit Court of Appeals.
Obtained summary judgment, which was affirmed by the Seventh Circuit, on behalf of client against claims of national origin discrimination.
In a complicated and innovative transaction, led an interdisciplinary team to create a new medical school in Michigan. The project involved forming a not for profit corporation involving a university, two hospitals, and a privately funded donation of $100 million.
Conducted patentability, validity, infringement, trademark clearance and state of the art searches and opinions for vehicle component manufacturer.
Challenged and resolved U.S. and European trademark infringement of consumer product.