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Mr. John practices complex commercial, product liability and tort litigation, including an extensive federal and state trial and appellate practice that includes tax litigation and U.S. Customs issues. He was an Assistant Prosecuting Attorney for three years in Wayne County (Detroit) prior to joining Dykema. Mr. John has extensive trial experience in a wide variety of serious commercial cases and catastrophic injury tort and product liability matters, having conducted more than 80 jury trials during his career. He also has handled more than 50 oral arguments on appeal in the Michigan Court of Appeals, Michigan Supreme Court, the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Federal Circuit.
Mr. John has been involved in numerous commercial class action matters involving antitrust claims, consumer protection statute violation allegations, franchise statute violation claims and other business disputes. He also has prosecuted and defended federal and state tax refund and assessment matters, U.S. Customs matters, contract termination disputes, securities law violation matters, construction disputes, land use and regulation matters, insurance coverage cases, real estate transaction disputes and multi-employer pension plan withdrawal liability claims.
Experience
General Trial and Appellate Experience:
Principal (tried case alone or handled primary witnesses, fact as well as expert, and opening/closing arguments) trial attorney for approximately 55 Class I (Capital) Felony jury trials that were tried to verdict from 1976 to 1979 with a conviction rate greater than 90%
Principal (made oral argument) appellate attorney in approximately 25 appeals to the Michigan Court of Appeals in Class I Felony cases from 1976 to 1979
Principal appellate attorney in 3 Class I Felony appeals to the Michigan Supreme Court
Principal appellate attorney in 1 Class I Felony appeal to the U.S. Supreme Court
Principal trial attorney in approximately 35 serious (death, catastrophic injury or dismemberment, or commercial claims in excess of $1 million) civil jury trials that were tried to verdict from 1981 to 2006 with a success rate in excess of 85%
Principal appellate attorney in approximately 35 serious appeals to the Michigan Court of Appeals, Michigan Supreme Court, U. S. Court of Appeals for the Sixth Circuit or U.S. Court of Appeals for the Federal Circuit
Prosecuted and defended federal and state tax refund and assessment matters, U.S. Customs matters, securities law violation matters, construction disputes, land use and regulation matters, intellectual property claims, antitrust claims, real estate transaction disputes, insurance coverage matters and multi-employer pension plan withdrawal liability claims.
Prosecuted and defended many breach of contract actions for the sale or purchase of goods and services such as computer systems (hardware, software, service and maintenance issues), heavy manufacturing products and machinery, consumer products inventory, etc.
Tax Refund and Assessment Experience: Involved in numerous state and federal motor fuel tax matters and Michigan Single Business Tax disputes, including successful prosecution of actions for declaratory relief from state taxes.
Commercial Claim Experience: Involved in numerous commercial class action matters involving antitrust claims, consumer protection statute violation claims, franchise statute violations claims, and other business disputes. Represented financial institutions in major (more than $5 million) check kiting investigation and collection matters. Represented manufacturer's representatives in major (dispositions in excess of $2 million) termination commission disputes.
Tort Claim Experience: Defended (and in limited numbers prosecuted) tort claims involving pharmaceuticals, automobile negligence, medical devices, medical malpractice, legal malpractice, accounting malpractice, engineering malpractice, farm equipment, outdoor power equipment (tractors, lawn mowers, weed cutters, etc.), consumer products (washers, dryers, powered appliances, etc.), construction equipment, automobiles, trucks, all terrain vehicles, motorcycles, snowmobiles, roadway design, false arrest and imprisonment, and civil rights violations.
Significant Decisions
Carson Fischer PLLC v. Standard Federal Bank and Michigan National Bank, Michigan Court of Appeals Docket Nos. 248125 and 248167, decided 2/8/05, unpublished decision, leave granted 474 Mich 986 (2005), order of reversal, 475 Mich 851, Docket No. 128689, decided 5/12/06;, Plaintiff sued the banks alleging they were liable under the Uniform Commercial Code and common law to recredit Plaintiff's accounts with the banks from which one of Plaintiff's employees had embezzled more than $5,000,000. The trial court granted the banks' respective motions for full and partial summary disposition and Plaintiff appealed. The Michigan Court of Appeals reversed the lower court in part with respect to its decision concerning the liability of Standard Federal Bank. Leave to appeal to the Michigan Supreme Court was sought by Standard Federal Bank and granted. The Michigan Supreme Court reinstated the decision of the lower court which reduced Plaintiff's claim to less than $70,000 against Standard Federal Bank.
Ammex, Inc v. Michigan Department of Treasury, ____ Mich App ____, 2006 WL 2988445, decided 10/19/06, docket nos. 260049 and 265936;, The decision in this case held that the Federal Preemption Doctrine preempts and precludes Michigan sales and motor fuel taxes that fall on duty-free merchandise acquired and sold by a U.S. Customs authorized duty-free sales enterprise that had been stored in a U.S. Customs Class 9 bonded warehouse prior to sale.
Ammex, Inc v. United States, 419 F3d 1345 (Fed Cir 2005);, By court order, U.S. Customs was required to authorize Ammex to acquire, store in a Class 9 Customs bonded warehouse, and sell motor fuel as duty-free merchandise. Thereafter, U.S. Customs revoked the authorization. Ammex challenged the revocation administratively and in court and prevailed on appeal. Mr. John acted as directing counsel in the matter.
Ammex, Inc v. United States, 334 F3d 1052 (Fed Cir 2003);, This matter also involved the continuing dispute described above between Ammex and U.S. Customs with respect to the authorization of Ammex to acquire, store in a Class 9 Customs bonded warehouse and sell motor fuel as duty-free merchandise. Mr. John acted as appellate argument counsel in the matter.
Ammex, Inc v. United States, 384 F3d 1368 (Fed Cir 2004);, These tax refund cases involved federal motor fuel excise taxes imposed on motor fuel Ammex acquired domestically because U.S. Customs would not authorize Ammex to acquire, store in a Class 9 bonded warehouse and sell as duty-free merchandise. Mr. John acted as appellate counsel in the matters.
United States of America v. Certain Land Owned by Detroit International Bridge Company, In a 23-year old federal condemnation action, the court tried the case on valuation only with respect to the property of our client, the Detroit International Bridge Company. The court limited the evidence presented and valuation to be determined to that available on or before October 11, 1979. The jury returned a verdict on valuation of $4.1 million on parcels the Detroit International Bridge Company had purchased for $1.2 million approximately two years earlier. The federal government argued the just compensation value of the parcels was only approximately $900,000. Depending on the pre-judgment interest rate the court selects, the judgment will range from $15 - $29 million.
United States v. Certain Land Situated in the City of Detroit, 450 F3d 205 (6th Cir 2006);, This appeal from the condemnation valuation trial involved claims that the trial court improperly limited the valuation theories that the Detroit International Bridge Company (DIBC) could present to the jury at trial and that the statutory interest provision the trial court applied to the deficiency amount awarded to DIBC was inappropriate and unconstitutional. A petition for writ of certiorari is pending.
Klinke v. Mitsubishi Motors Corp., 458 Mich. 582; 581 N.W.2d 272 1998 Mich. LEXIS 1956; CCH Prod. Liab. Rep. P15,313, A Michigan seat belt statute intended to cap the comparative negligence of drivers who were not using their seat belts properly did not apply to a product liability action against an automobile manufacturer.
Brucker v. McKinlay Transp., 454 Mich. 8; 557 N.W.2d 536; 1997 Mich. LEXIS 19, Court needed only to strike invalid arbitration clauses rather than entire arbitration agreement entered into between parties when court concluded that no significant harm or prejudice would effect the parties or circuit court under the agreement.
Precision Rubber Products Corp. v. George McCarthy, Inc., 872 F.2d 187; 1989 U.S. App. LEXIS 4990, District court ruling on manufacturer's representative's entitlement to commission from corporation was reversed and remanded, as issue depended on terms of offer and acceptance in corporation's individual agreements with its customers.
Central on Line Data Sys. v. Filenet Corp., 99 F.3d 1138, 1996 U.S. App. LEXIS 38790, Court affirmed judgment in breach of contract case finding that representations made that company could meet data corporation's needs were not fraud because they were a future promise and mere opinion or puffing.
Board of Trustees of Trucking Employees of New Jersey Welfare Fund, Inc.-Pension Fund v. Centra, No. 91-5959, 983 F.2d 495; 1992 U.S. App. LEXIS 33696; 16 E.B.C. 1222, Under ERISA and its amendments, a company's option to purchase a bankrupt gave the company the common control necessary to make the company liable for the interim payments due from the bankrupt based on its withdrawal from its pension fund.
Brooks v. Rose, 191 Mich. App. 565; 478 N.W.2d 731; 1991 Mich. App. LEXIS 453, A partner was not entitled to attorneys fees for her former partners' breach of their partnership agreement because there was no exception allowing for recovery of such fees.
Wayne County Prosecutor v. Recorder's Court Judge, 406 Mich. 374; 280 N.W.2d 793; 1979 Mich. LEXIS 369, Michigan's felony-firearm statute, which imposed a mandatory two-year sentence, did not violate the Double Jeopardy Clause of the Fifth Amendment because it satisfied the Blockburger test.
People v. Tilley, 405 Mich. 38; 273 N.W.2d 471; 1979 Mich. LEXIS 427, Premeditation and deliberation necessary for a finding of guilt of a first degree murder requires only the opportunity for a "second look."
People v. Thornton, 403 Mich. 389; 269 N.W.2d 192; 1978 Mich. LEXIS 349, A defendant may not be retried on the original charge if a plea to a lesser charge is overturned on appeal.
United States v. Certain Land Situated in the City of Detroit, 178 F.Supp. 2d 792; 2001 U.S. Dist. LEXIS 22332, In a 22-year old condemnation action, the court vacated three orders issued five years before its involvement in the case. A dismissal order was interlocutory, or extraordinary circumstances warranted granting relief from the order.
United States v. Certain Land Situated in Detroit, 148 F.Supp. 2d 863; 2001 U.S. Dist. LEXIS 10042, Government's motion to exclude valuation testimony was denied; Government's intention to condemn burdened party's property in its entirety after representing that it had no intention of putting the burdened party out of business was deceitful.
In re Cardizem CD Antitrust Litig., Master File No. 99-md-1278, MDL No. 1278 , 105 F.Supp. 2d 682; 2000 U.S. Dist. LEXIS 13226; 2000-1 Trade Cas. (CCH) P72,941, Partial summary judgment granted to plaintiffs on their challenge to defendants' agreement to keep a generic drug off the U.S. market and to compensate generic drug manufacturer for not competing with the pioneer drug.
In re Cardizem CD Antrust Litig., Master File No. 99-md-1278, MDL No. 1278, 105 F.Supp. 2d 618; 2000 U.S. Dist. LEXIS 13186; 2000-1 Trade Cas. (CCH) P72,940, Private agreement, in drug sales, that restrained trade was subject to antitrust liability and was not entitled to immunity under Noerr-Pennington doctrine; plaintiffs alleged injury that flowed directly from the defendants' anticompetitive acts.
Perry Drug Stores v. CSKG, Inc., 83 F.Supp. 2d 873; 2000 U.S. Dist. LEXIS 1633, Plaintiff's agreement to substitute a non-party to its contract with defendants resulted in a novation, which made unenforceable an indemnity obligation under the original contracting parties' purchase agreement.
Nemir v. Mitsubishi Motors Corp., 60 F.Supp. 2d 660; 1999 U.S. Dist. LEXIS 12132 CCH Prod. Liab. Rep. P15,646, Where the court found testimony of plaintiff's witness to be neither reliable nor relevant, it was inadmissible; without expert testimony, plaintiff could not produce evidence of an alleged design defect or an inherently unreasonable risk.
Marshall v. Navistar Int'l Transp. Corp., 168 F.R.D. 606; 1996 U.S. Dist. LEXIS 15089, A state transportation department was not a necessary and indispensable party to a personal representative's wrongful death action against two corporations in federal court, even though a separate state action was proceeding against the department.
Hubbard Richard Community Council v. City of Detroit, 1995 U.S. Dist. LEXIS 19299
Eschenburg v. Navistar Int'l Transp. Corp., 829 F.Supp. 210; 1993 U.S. Dist. LEXIS 10802
Knickerbocker v. Chrysler Corp., 728 F.Supp. 460; 1990 U.S. Dist. LEXIS 595, Although a signing of the removal notice was not required, each corporation was required to nonetheless join in or consent to the removal to federal court by way of an official filing or voicing of consent.
Allen v. Michigan Property & Casualty Guaranty Asso., 129 Mich. App. 271; 341 N.W.2d 500; 1983 Mich. App. LEXIS 3376
People v. Automotive Service Councils, Inc., 123 Mich. App. 774; 333 N.W.2d 352; 1983 Mich. App. LEXIS 2820; 1983-1 Trade Cas. (CCH) P65,313
Lawyers Coop. Publ. Co. v. American Law Research Inst., 705 F.2d 455; 1982 U.S. App. LEXIS 11743
People v. Cage, 83 Mich. App. 534; 269 N.W.2d 213; 1978 Mich. App. LEXIS 2340
People v. Wells, 83 Mich. App. 543; 267 N.W.2d 448; 1978 Mich. App. LEXIS 2248
People v. Solomon, 82 Mich. App. 502; 266 N.W.2d 453; 1978 Mich. App. LEXIS 2244
People v. Smith, 80 Mich. App. 106; 263 N.W.2d 306; 1977 Mich. App. LEXIS 1258
People v. Connolly, 79 Mich. App. 774; 262 N.W.2d 862; 1977 Mich. App. LEXIS 829
People v. Jones, 78 Mich. App. 309; 259 N.W.2d 359; 1977 Mich. App. LEXIS 1197
Professional Associations
Oakland County Bar Association (Members Advisory Committee; Public Advisory Committee on Judicial Candidates; past vice-chairman, Appellate Practice Committee; past vice-chairman, Long Range Planning Committee; past chairman, vice-chairman, Lawyers Admission Committee; past vice-chairman, Legal Assistants Committee)
American Bar Association.
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