Here is a small sampling of representative cases we’ve handled over the years to give you an idea of our capabilities and experience.
Construction Lein Enforcement
W. Jay Brown represented a contractor in a federal court jury trial in June 2010 for a breach of contract/construction lien foreclosure. After a six-day trial, the jury awarded the contractor $30,000 more than was requested.
Business Ownership Dispute
W. Jay Brown represented a family trust in an ownership dispute over several Mid-Michigan hydroelectric facilities. The client had been displaced by an out-of-state lender who maintained control of the facility. Through a lengthy preliminary injunction hearing, the client was placed in control of the facility. A favorable settlement was eventually obtained after extensive discovery unearthed several key pieces of evidence that built a very strong case.
Boundary Dispute Defense
W. Jay Brown represented property owners who had bought an 80 acre farm in northern Bay County. After the neighboring property owners sued and claimed that an old fence was the property line rather than a survey line, W. Jay Brown successfully defended the matter and obtained complete victory for his clients at trial. The key to victory was doing the legal research early in the case and developing parallel facts to an existing case through discovery. Also, by viewing the property, W. Jay Brown determined that it was important to have the judge personally view property, which was done.
Break-Up of a Cattle-Raising Partnership
W. Jay Brown represented a cattle farmer whose business partner suddenly removed the herd from the property and claimed ownership of all cattle and that no partnership existed. Acting very quickly, W. Jay Brown obtained temporary restraining and preliminary injunctive orders requiring the return of the herd and the maintenance of the status quo during the case. Upon being tried, the assets of the partnership were split 50-50 and Plaintiff was further awarded more than $34,000 in case evaluation sanctions against the Defendant.
Individual Boat Owner vs. Boat Manufacturer
W. Jay Brown represented an individual who bought a new 35 foot boat that developed significant and mysterious water leakage problems. By digging deep during discovery, it was revealed that the boat had been used extensively as a “test boat” by the manufacturer prior to being sold as new. A successful settlement was reached after this fact became known.
Break-Up of a Joint Venture
W. Jay Brown represented a German auto parts manufacturer who had entered into a joint venture with an American company. A successful confidential settlement was obtained after proceeding through both state court and an adversary proceeding in bankruptcy court.
W. Jay Brown represented a manufacturer of corn-burning furnaces who had been sued on a claim that a furnace was defective. Through discovery and an inspection, photographs were obtained showing that the home owners’ installation was the reason the furnace was not delivering sufficient heat to the home. At trial the business prevailed.
Predatory Lending Success
W. Jay Brown represented a consumer who purchased an over-priced car through a “buy here/pay here” automotive dealership. Through the use of appraisals, violations of the Consumer Protection Act and Truth-in-Lending were proven as the car’s excessive price amounted to a hidden finance charge.
Individual vs. Former Business Partner
W. Jay Brown represented an individual who had been defrauded by his former business partner in an amount in excess of $9 million. The representation resulted in the recovery of significant assets that had been fraudulently conveyed to third parties.