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Utility Case Studies Strategy: In Cooksey v City of Detroit and CMDA’s client, Plaintiff’s attorney filed a wrongful death claim as a result of an electrocution. Discovery confirmed that the electrical equipment at fault was owned by the City of Detroit, not CMDA’s client. It was obvious that the City’s attempt to transfer blame to CMDA’s client would significantly increase the exposure for both Defendants and the cost of litigation, especially since Plaintiff’s attorney was Geoffrey Fieger. CMDA’s Tim Young and his client devised the strategy to negotiate a settlement with Plaintiff’s counsel for both Defendants, notify the City of this intent, and invite the City to participate, which they predictably declined. A reasonable settlement was obtained, and Mr. Young ought recovery from the City for the full amount of the settlement plus costs and interest. The strategy worked to perfection with summary judgment entered in favor of CMDA’s client for the full amount of the settlement. Statutory interest adds $1 million to the recovery in favor of the CMDA client. Indemnification: In Fields v a CMDA client, a child was electrocuted when he contacted a fallen electrical wire while walking in the woods. Discovery revealed that the electrical conductor came down as a result of the contractor trimming trees which resulted in a large tree limb falling on and damaging the client's electrical conductor. CMDA and Tim Young proved these facts and won summary judgment against the contractor, resulting in complete indemnification for settlement of the wrongful death claim in the amount of $2,250,000 plus costs, interest and attorney fees in the amount of $675,000. Commercial Litigation: In Concord v Comcast, CMDA’s client sought an accounting of funds collected by Comcast and reimbursement of sums due as a result of revenue sharing contracts between the two parties involving multiple apartment complexes. In a Court Order that CMDA’s clients were entitled to the accounting which then led to settlement of the claim in favor of CMDA’s client through alternative dispute resolution. Commercial Dispute: Professional Underwriters, Inc. sued CMDA’s client for termination of professional underwriters services selling professional liability insurance policies for an insurance program managed by by the client. Professional Underwriters alleged claims of unfair trade practices, anti-trust violations, and claims of conspiracy and tortious interference with a business relationship since Professional Underwriters’ former employee, Jeffrey Sternick, left the employment of Professional Underwriters after having been unfairly treated, and was established as an agent to sell professional underwriter policies for the client. Utilizing an aggressive strategy through discovery depositions and motion practice, CMDA and Tim Young were able to show that all of Professional Underwriters’ claims were without merit resulting in a complete dismissal by orders granting summary judgment. In CMDA Client v The Used Car Factory, Tim Young represented the Plaintiffs to obtain recovery for uninsured motorists benefits, no-fault personal insurance protection (PIP) benefits, and workers’ compensation insurance benefits payable to Eugene Bunt as a result of a motor vehicle accident with Michael Klecha. CMDA asserted that the vehicle operated by Michael Klecha was, in fact, owned by Defendant, The Used Car Factory, since the Defendant failed to comply with the statutory requirements for transferring title to the vehicle. CMDA successfully obtained full recovery for its client based upon the doctrine of equitable subrogation in establishing new law in the Michigan Supreme Court.   |
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