Mills Meyers Swartling

• Editor-in-Chief, University of Michigan Journal of Law Reform, Vol. 7

Representative Issues Handled as a Mediator

• Dispute between two development companies regarding a commercial and residential real estate development.
• Dispute between a family and a developer regarding an easement and the right to use developable property.
• Claim by a development company for damages against a municipality for failure to approve development permits.
• Dispute between a municipal bond broker and a brokerage company regarding a non-competition provision.
• Claim for damages and for trademark infringement.
• Intra-family dispute regarding ownership and contributions to expenses for a personal residence.
• Dispute regarding parking charges set by agreement between a tenant and a parking company.
• Claim for breach of software license.
• Claim by investors for losses in their investment accounts over a period of years due to unsuitability of investments recommended by broker.
• Claim for damages for breach of a commercial lease involving unpaid rent and damages.
• Claim for breach of agreement regarding a soccer program.
• Claim for negligent investment management.
• Claims arising out of alleged breach of warranties on sale of business.
• Claims for wrongful termination and withholding of wages.
• Claims regarding breach of contract for development of affordable housing.
• Claims for contributions to benefit trust under collective bargaining agreement.
• Claims for damages for negligent reporting of credit information.
• Claims for trademark and copyright infringement.
• Claims arising from site preparation and grading contract.
• Action regarding recovery of costs of resurfacing access easement road.
• Claims for damages for sale of property without disclosing zoning violations.
• Claims for damages to restaurant business caused by competitor infringing on concept.
• Claims of misrepresentation in the sale of residential property that sustained considerable damage because of abnormal settling of the foundation.
• Claim for damages for loss of view because of construction in breach of a height restriction covenant and subsequent arbitration of issues arising out of the performance of the mediated settlement agreement.
• Dispute between two members of a limited liability company engaged in the business of selling commercial and residential real estate.
• Investors’ claims against a financial consultant for investment losses from unauthorized sales and purchases of securities and excessive trading to generate commissions.
• Claims for damages and injunctive relief for misappropriation of trade secrets in the business of selling computer hardware.
• Claims to recover the value of a house and damages for misrepresentation by a real estate broker that a transaction was a re-finance when in fact it was a sale.
• Claim for breach of a loan commitment and related damages.
• Claim for damages based on loss of priority of a security interest in real property where the obligor filed for bankruptcy.
• Claim for attorneys’ fees in which the client counterclaimed for malpractice.
• Claim for damages for misuse of a road easement and trespass.
• Conflicting claims to intellectual property and funds relating to a non-profit organization for the prevention and treatment of a disease.
• Claim by a financial advisor for breach of a contract for strategic planning and executing a strategic transaction for a hospital district.
• Malpractice claim against attorneys relating to a protracted legal proceeding regarding disclosure of public records and penalties for nondisclosure.
• Dispute regarding failure of an employer to contribute to a contractors’ “retro fund” regarding group premiums for industrial insurance.

Representative Issues Handled as an Arbitrator

• Breach of non-compete agreement and failure to transfer intellectual property.
• Failure of a landlord to approve a commercial tenant’s plan for tenant improvements.
• Claim by an Indian tribe for damages for failure to perform a settlement agreement.
• Claim for attorneys’ fees under Washington Securities Act.
• Claims for vested benefits under ERISA by former law firm shareholder.
• Claims for reimbursement of pre-development design and permitting expenses for a multi-lot residential development.
• Claim for payment regarding chemicals supplied for ethanol production facilities.
• Multi-faceted dispute between two on-line services to match compatible individuals for dating.
• Claim for liquidated damages for breach of a retailer contract for supply of branded gasoline.
• Dispute between owners of condominium spaces in a building regarding the disapproval of a change of use of a portion of the building.
• Claim for breach of contract to pay for substantial remediation of hazardous waste upon the removal of underground petroleum storage tanks.
• Claim for indemnification arising out of alleged breaches of representations and warranties in an asset purchase agreement of a seafood company.
• Consumer claim for conversion of funds by a trading and barter company.
• Claim by a chemical supplier for amounts not paid by a customer.
• Disputes between materials supplier and distributor regarding allocation of territory and pricing.