SOME RECENT SUCCESSES

A German corporation, through its American subsidiary, employed an executive and assigned him to its operations in Southeast Asia. When the employee lost his job through a reorganization, he sued the German company in federal court in the United States. Mr. Bernard filed a motion and brief on behalf of the German company, arguing that the U.S. court did not have jurisdiction over the German company. The court agreed, dismissing all claims against Mr. Bernard's clients.
Client name withheld by request.

A nightclub owner was in a bind, needing a new parking lot. He called an asphalt company that came in and did a beautiful job, but he refused to pay, citing a variety of fabricated reasons. The asphalt company turned to Mr. Bernard, who not only obtained a judgment to enforce a construction lien, but also obtained a judgment for all of the client's attorney fees as well. Faced with foreclosure of the lien, the nightclub owner finally paid up.
Action Asphalt & Concrete Inc. v. Omni Investment & Development Group, Wayne County Circuit Court

Mr. Bernard persuaded an Oakland County Circuit Court judge to dismiss claims of defamation and injurious falsehood against a university and one of its professors. The professor had posted on his website a paper written by a student for a business ethics assignment. The paper contained statements critical of an actual business and several employees. The business and the employees sued, claiming the publication of the paper on the website constituted defamation and injurious falsehood. On behalf of the professor and the university, Mr. Bernard argued that there was no defamatory intent and no pecuniary motive and that the plaintiffs could not prove a direct link to their claimed damages. The judge agreed and granted a motion to dismiss the case.
Client name withheld by request.

A prominent local law firm had a substantial account receivable from a former client. It turned to Mr. Bernard, who recovered over 90 percent of the unpaid fees and had full payment within a month.
Client name withheld by request.

When a terminated medical resident claimed that his dismissal was the result of racial discrimination, the hospital system turned to Dan Bernard for its defense. Mr. Bernard painstakingly demonstrated that the basis for the decision to terminate the resident was an academic decision made by residency program officials based on the resident's performance and was not motivated by discrimination. The judge agreed, dismissing the case and awarding the hospital system over $40,000 in sanctions.
Colton v. Detroit Medical Center et al., Wayne County Circuit Court.

The trial court granted Mr. Bernard's motion for summary disposition in a case where a builder alleged that the bank was liable for tortious interference with contractual relationships after the bank refused to approve the builder in conjunction with a construction loan. Agreeing that the bank had a right to approve or not approve of builders, the court entered a judgment awarding Mr. Bernard's client its attorney fees as sanctions. The Michigan Court of Appeals affirmed.
Bowler v. Republic Bank, Oakland County Circuit Court; Michigan Court of Appeals