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REPRESENTATIVE CASES

Paragon 28, Inc. v. Esplin Medical LLC

(United States District Court, Eastern District of Michigan)  Representing medical device manufacturer, obtained order enforcing covenant not to compete and confidentiality agreement and return of excess commissions.

Comerica Bank, N.A. v. United States of America

(United States Sixth Circuit Court of Appeals)  Representing taxpayer on appeal in action for recovery of federal generation skipping transfer taxes, obtained reversal of trial court’s judgment against taxpayer, resulting in refund award of over $3,500,000 in taxes and interest.  93 F3d 225.

 
Select Commercial Assets, LLC v. Birmingham Property, LLC

(Oakland Circuit Court)  Representing members of limited partnership, successfully resolved membership dispute involving the sale of real estate in downtown Birmingham, Michigan.

In re Estate of Donald E. Massey

(Wayne County Probate Court)  Representing widow of decedent, successfully resolved claims of undue influence prior to trial.

 
In re Estate of Theodore Arguerillo

(Wayne County Probate Court)  Representing blood relatives of decedent, successfully set aside decedent's will, which left estate to non-relatives, on the basis of mental competency.

 
In re Marcella Shepard Dohany Trust

(Wayne County, Michigan Probate Court)  Representing Trustee, successfully defeated claims challenging administration of trust and distribution of trust assets.

 
Automotive Moulding Company v. Nissan Motor Manufacturing Corporation USA

(American Arbitration Association)  Representing first-tier automotive supplier, obtained arbitration award against manufacturer for breach of contract and wrongful rejection of parts.

 
D & H Mack Sales & Service, Inc. v. Mack Trucks, Inc.

(United States District Court, Eastern District of Michigan)  Representing truck dealership, halted manufacturer’s attempted termination of dealership franchise and restored full dealership standing with manufacturer prior to trial.

 
Hanson Pipe & Products, Inc. v. Mancini Company

(Broward County Circuit Court, Florida)  Representing closely held Florida concrete pipe manufacturer at trial, defeated claim by international conglomerate to force sale of business and for lost profits resulting from cancellation of asset purchase agreement.

 
Autumn Cashmere v Xiong

(United States District Court, Eastern District of Michigan)  Representing worldwide manufacturer of designer sweaters headquartered in New York City, successfully prosecuted claim of unlawful design infringement against competitor.

 
35th District Courthouse Authority v. Michigan Township Participating Plan

(Wayne County, Michigan Circuit Court)  Representing five Michigan communities whose courthouse had burned to the ground following a major storm, obtained judgment against insurer which had denied coverage claiming lack of insurable interest.

Ford Dealer Computer Services, Inc. v. Marler Ford Company, Inc.

(American Arbitration Association)  Representing Louisiana Automobile Dealership which cancelled a ten-year computer services contract due to failure of the product, defeated Texas computer company’s claim at arbitration for over $400,000 in damages resulting from alleged wrongful termination.

 
Huron Valley Schools v. Secretary of State

(Ingham County, Michigan Circuit Court)  Representing school district in action for declaratory judgment, obtained court ruling restoring district’s statutory rights to participate in the electoral process on pending school-voucher ballot proposal.

 
Redmond v. Oakland Schools

(Oakland Circuit Court, Michigan)  Representing school district that had terminated the superintendent’s employment; defeated superintendent’s claim for over $2,000,000 in damages prior to trial through discovery and motion practice.

 
Geraci v. Huron Valley Schools

(Michigan Tenure Commission)  Representing a school district in an administrative hearing, successfully established grounds for discipline of a tenured teacher.

 
Timelox AB v Hotel Access Technologies

(Wayne County, Michigan Circuit Court)  Obtained mid-trial settlement in favor of a Swedish manufacturer of door locks on claim against a distributor which had overstated its accounts receivables in an asset sale.

 
Hanlin v. Foster Medical Corporation

(Oakland County, Michigan Circuit Court)  Representing lessor, recovered interim rent and fair market value of leased durable medical equipment from lessee which had failed to honor purchase at lease end.

 
Fine v. Texwood Furniture Corporation

(United States District Court, Eastern District of Michigan)  Representing Texas furniture distributor against a sales representative’s claim of religious discrimination, obtained successful dismissal of case by summary judgment motion prior to trial.

 
Lilly v DCT. Inc.

(Wayne County, Michigan Circuit Court)  Representing defense contractor, defeated an employee’s claim of hostile work environment under the Elliott-Larsen Civil Rights Act.

 
Johnson v. International Hardcoat, Inc.

(United States District Court, Eastern District of Michigan)  Representing employer, obtained dismissal of employee’s Title VII employment claim through motion practice.

Kaiser Optical Systems, Inc. v. Michigan Department of Treasury

(Michigan Court of Appeals)  Representing taxpayer on appeal, overturned Department of Treasury’s imposition of Michigan’s Single Business Tax liability based upon finding that the taxpayer had a nexus with the state of California.

Wiggins v. Standridge

(Macomb County, Michigan Circuit Court)  In defense of claim brought by client’s prior attorney for alleged unpaid legal fees, obtained judgment on counterclaim in the amount of $221,000 for return of all fees paid and malpractice damages.

Clapper v. Freeman Marine

(Michigan Court of Appeals)  Representing Oregon yacht parts manufacturer, obtain reversal of trial court’s finding of personal jurisdiction based on maintenance of an Internet web site.

Hixon v. Van Dyke Dodge, Inc.

(Michigan Court of Appeals)  Representing motor vehicle dealership on appeal, obtained reversal of jury’s verdict of $100,000 in exemplary damages resulting from sale of new motor vehicle.

Huston Produce v. Fedak

(Michigan Supreme Court)  Representing developer of the Yukon Gold Potato, successfully prevailed in Michigan Supreme Court overturning trial court and Michigan Court of Appeals change of venue rulings and subsequently successfully prosecuted claim against farmer for wrongful conversion of crop.

Carl Jarboe Law Firm
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Carl Jarboe Law Firm
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