Gottlieb and Goren, PC
30150 Telegraph Road, Suite 249
Bingham Farms, Michigan 48025
Phone: (248) 593-0090
Fax: (248) 593-0095
Email: g2law@g2law.net

Recent cases we have successfully concluded:

AUTOMOBILE INSURANCE: Client's Insurance company vigorously defended suit to recover value of stolen classic automobile.  Collected judgment for the entire amount of auto owner's claim including interest and costs. 

BANKRUPTCY: Judgment debtor transferred real property interests to creditor.  He then filed for bankruptcy.  As attorney for trustee in bankruptcy, filed suits against debtor and creditor claiming transfers were fraudulent and preferential.  Also sought to deny debtor discharge in bankruptcy.  Significant issue of whether properties had value.  Recovered payment to bankruptcy estate of $20,000.

Creditor provided services to Chapter 11 bankrupt debtor to enable debtor to continue to operate its business after debtor filed its petition in bankruptcy.  Represented creditor to recover value of these services as priority administrative expense of bankruptcy estate.  Settled for 86% of the amount claimed.  Also settled unsecured claim for pre-bankruptcy services rendered to same debtor for 85% of the claim.

Creditor received payments from bankrupt debtor after bankruptcy peitition was filed while creditor continued to provide services to debtor.  Defended creditor against Chapter 11 trustee's claim that payments totaling in excess of $140,000 were preferential payments.  Settled by payment to the trustee of 16% of the amount claimed.

BUSINESS PURCHASE:   Client could not afford to pay agreed purchase price without bank financing.  Bank would not provide financing until client establishes that business is viable.  Seller agreed to defer receipt of the final 36% of the purchase price for 3 years so that buyer can satisfy herself that the business is worth keeping and she can arrange bank financing.  Negotiated provision forgiving balance of purchase price upon return of business assets if either contingency is not satisfied.

BUSINESS SALE: A competitor  was assigned the first right to purchase the client's business on the sale terms offered by any prospective buyer.  Thwarted competitor's interest by excluding from sale agreement the non-compete covenant of owner-manager and denying competitor right to examine business books because due diligence period was over.

CONSTRUCTION LAW: Client contracted for custom built home.  Cracks in great room and exterior brick remained unresolved.  In conjunction with construction engineer determined that during construction the foundation was filled without proper compacting of dirt.  Settled claim against builder on the basis of well documented expert opinion of engineer and repair contractor.

COVENANT NOT TO COMPETE: Former employee was sued for violating covenant not to compete.  Defended on basis of lack of demonstrable damages or unique character to former employer's business plan.  Settled for entry of nominal judgment without injunction against further competitive activity.

DISABILITY BENEFITS: Obtained favorable federal court decisions for employees who claimed insurers' denials of claims were arbitrary and capricious.

DIVORCE: Husband disclosed no interest in any pension.  Through discovery directed to husband's former employer, discovered a pension payable to husband when he reaches retirement age.  (Husband claimed that he forgot about it.)  Won award to wife of 50% of portion of pension that was earned during marriage. 

EMPLOYMENT DISCRIMINATION: Black employee was discharged for inventory shortages when non-black employees were not disciplined and even promoted.  Won six figure settlement.

Six figure disability discrimination settlement for teacher needing wheelchair, but assigned duties requiring walking and stair climbing.

White employee denied promotion given to black employee with lesser qualifications.  Favorably settled.

Won settlements of race discrimination claims for group of black employees who were subjected to discriminatory undesirable job assignments (clean toilets, etc.).

ERISA: Negotiated multi-million dollar class settlement for wrongful denial of retiree medical benefits.

GM denied enhanced pensions to employees when division sold off.  Although the employees did not qualify for the pension based on the plan terms, obtained favorable Federal court ruling because a corporate officer represented that the enhancement would be made available to employees who were "stabilized" during the sale negotiations.

Settled claim against group life insurer alleging breach of fiduciary duty by plan administrator who failed to submit good health medical questionnaire.

FAMILY MEDICAL LEAVE ACT: Won or settled cases involving:

     Employee fired for excessive absence although some of the absences qualified for FMLA leave.

     Employee fired for violating no call/no show rule when absent for medical reasons.  Obtained all lost wages.

     Six figure settlement for police officer fired after unable to pass fitness for work exam because contrary to FMLA regulations.

     Obtained federal court ruling that employee suspended for unapproved absences qualified for intermittent FMLA leave for recurring migraine headaches.

     Judgment for employee, including legal fees and lost CTO, fired because medical certification was one day late.

     Settled for all lost wages claim of employee fired for refusing overtime because of fatigue resulting from chemotherapy treatment.

     Employer fired production workers for absenteeism under its not fault absence policy although they called in sick and had medical verificatioin.  Substantial settlement recovered because employer failed to provide notice that absences qualified under FMLA.

MINORITY SHAREHOLDERS SUIT:  Widow of majority shareholder froze minority shareholders out of management of company.  Recovered approximately 60% of minority shareholders' investments even though company went out of business.

ORAL EMPLOYMENT PROMISE: Wonback wages for out placement counselor who moved out-of-state to accept new position when orally promised a one year job. 

OVERTIME PAY: An employer thought it could avoid paying overtime to an administrative assistant by classifying her as exempt and paying on a salary basis. Won overtime pay for her because employer kept track of her hours and docked her for absences.

PROBATE: Nephew claimed that decedent was incompetent, did not sign will and was subjected to undue influence. Defended against nephew's challenge to will and joint bank accounts. Settled for nominal amount.

RETALIATION: Client was fired for filing discrimination complaint against supervisor.  Recovered favorable settlement for back-pay and emotional distress damages.

SEVERANCE BENEFITS: Although client fired for good cause, successfully enforced grant of stock option.  Client was fired after accepting new job with competitor; won severance benefit claim.

SUBROGATION CLAIM: Subcontractor accidentally set house under construction on fire.  Builder's insurer sought reimbursement of money it paid to builder.  Settled on behalf of subcontractor for less than 40% of claim by challenging cost of restoration.

VACATION PAY: Employer denied vacation pay to employee who quit without notice because employee went to work for a competitor and employee owed money to the employer. Withholding vacation pay had to be based on the employee's written permission.

WHISTLE BLOWER: Obtained ruling that employer wrongfully fired client for consulting with attorney about possible claim against employer.

Favorable settlement for lawyer fired after objecting that manager was an unlicensed attorney.

Pending law suit for fired employee who objected to misspending of federal head start grant funds.

WORKERS COMPENSATION: Six figure judgment recovered for injured employee whose employer failed to have workers compensation insurance-employer denied employment status.

Large settlement for employee fired in retaliation for filing for workers compensation benefits.

The success in these cases is no guarantee of the result in your case.