National Labor Relations Board v Newspaper Publisher. Represented newspaper resisting NLRB subpoena that sought business records that would identify a newspaper customer who had placed an “anonymous” classified employment ad. Successfully argued in the Sixth Circuit, that this practice violated the First Amendment by discouraging commercial free speech. The NLRB then discontinued the practice nationwide.
Nonprofit Tax Exempt Organization v Former Officers and Directors. Represented tax exempt membership organization seeking recovery of funds transferred by former officers and directors to newly established charitable foundation that was under control of the former officers and directors. Recovered all of the funds and enabled client to take control of the foundation.
HMO v Healthcare Provider. Represent HMO seeking recovery of more than $1 million from healthcare provider under risk sharing provisions of Medicaid managed care contract.
Bank v Corporation and Guarantors. Principal attorney for plaintiff bank in lawsuit against corporation and guarantors of corporation’s secured debt. Representation resulted in summary disposition in plaintiff’s favor on guarantor’s counterclaims for breach of fiduciary duty, fraud, and negligence, which in turn resulted in settlement for full amount of bank’s claims.
Manufacturer of Thermoforming Machines v Former Employee. Principal attorney for plaintiff manufacturer in lawsuit against former employee who had become employed by a direct competitor in violation of a covenant not to compete. Representation resulted in entry of preliminary injunction prohibiting defendant’s employment with competitor, which in turn resulted in settlement of all claims and counterclaims in favor of plaintiff, including payment to plaintiff as a condition to former employee’s employment with competitor, and permanent injunctive relief.
Township v Billboard Company. Represented township in action to limit extent of billboards constructed by Billboard Company. Successful in trial court and Court of Appeals, published opinion, holding that state Highway Advertising Act did not preempt local units of government from adopting billboard regulation more restrictive than state law. Judgment entered for relief as requested in initial complaint and billboard removed. (2005).
Mortgage Borrower v Lender. Represented borrower in action to have certain provisions in residential first mortgage loan declared unlawful. Offending provision charged prepayment penalties in excess of state law. Client successful in obtain full refund of prepayment taken by lender when borrower refinanced, attorney fees and costs under state law provisions, including Consumer Protection Act. Operative key issued decided in state Court of Appeals, published decision, holding the prepayment penalty in mortgage documents violated state usury statute. (2002)
Former Employer v Employees. Represented former employees of accounting firm in action to enforce non-competition agreements and “anti-piracy” agreements. Trial court dismissed the complaint and employer appealed. Resolution of matter by Court of Appeals, published opinion, set precedent which remains controlling of key points of employee – employee relations and confidential information in licensed professions. (1991)
Township v Property Owner. Enforcement action by Township to enjoin use of land contrary to zoning ordinance. Trial Court held for property owner, Court of Appeals, published opinion, held that violation of zoning ordinance was nuisance per se and proof of nuisance in fact not required. Court of Appeals also held that Right to Farm Act did not protect commercial apiary where apiary was not part of farming activities existing at adoption of ordinance. (1990)