Notable pending cases and investigations. If you wish to contact Mr. McGuinness about any of these matters, please use the form here.
Martin, et al., v. Trott Law PC, et al., Case No. 2:15-cv-12838 (E.D. Michigan). Recently settled, we filed this action in federal court in Detroit in August 2015 on behalf of a proposed class of past and present Michigan homeowners against Trott Law PC and David A. Trott. The complaint alleges violations of state and federal fair debt collections practices statutes in connection with the law firm’s processing of hundreds of thousands of home foreclosures over a period of years. Plaintiffs allege that defendants violated consumer debt collection laws in several ways based on form letters similar to this. Statutory damages are claimed on behalf of the named plaintiffs and the proposed classes. If you received a similar letter and wish more information or to discuss this case with Mr. McGuinness, please use the “For More Information” form or call.
Solo, et al., v. United Parcel Service Company, Case No. 2:14-cv-12719 (E.D. Michigan). In this class action filed against UPS by customers who shipped items with a declared value of more than $300, plaintiffs allege that UPS overcharged them for coverage against loss or damage. The case is currently on appeal to the United States Court of Appeals for the Sixth Circuit (Cincinnati).
Gordon, et al., v. Amadeus IT Group, S.A., et al., Case No. 1:15-cv-05457 (S.D.N.Y.). In this class action filed in New York on behalf of Michigan, Vermont, and other states’ residents who purchased airline tickets over a period of several years, plaintiffs allege that providers of airline flight and fare information aggregation platforms (known as “global distribution systems”), violated antitrust laws, resulting in excess fees being borne by travelers. The suit was not filed against airlines, but involves airline tickets purchased for Delta, American, Continental, US Airways, and other flight. We have negotiated proposed settlements against two of the three defendants. For more information, please contact us.
In re: Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales Practices and Products Liability Litigation, MDL Case No. 1:15-md-2627 (E.D. Va.). Mr. McGuinness is co-counsel for several plaintiffs in class actions filed against Lumber Liquidators based on alleged misrepresentations and breaches of warranties and consumer protection statutes in connection with the sale of laminate flooring manufactured in China. Plaintiffs allege that these products (i) fail to meet the durability standards set for in the industry “AC3” certification; and (ii) exceeded the represented level of formaldehyde, a known carcinogen. The cases, pending in federal court in Alexandria, Virginia, have recently received preliminary approval of a $36 million combined settlement. Mr. McGuinness took the second deposition in the formaldehyde case; successfully argued repeated motions to dismiss filed by Lumber Liquidators in the durability case; and has been heavily involved the investigation; discovery; expert work, and the drafting of pleadings and briefing.
The following list is a sample of cases that Mr. McGuinness has tried or litigated, selected to give the reader a general idea of his practice. The scope of commercial contract disputes and class actions litigated by Mr. McGuinness is broad and not capable of succinct summary. For more information, please call or write.
In re Speed Control Deactivation Switch Products Liability Litigation (Case No. MDL-1718, US District Court, ED Mich 2005-2012). Mr. McGuinness served as lead counsel for Ford Motor Company in this seven year-plus, multi-district litigation involving what is believed to be the largest recall case ever (as of 2012) in terms of vehicles recalled. Mr. McGuinness supervised more than 150 transferred cases and, along with a team of outside counsel that he lead, argued and briefed all substantive motions. The district court dismissed all class action claims against Ford, and dismissed numerous additional claims under California, Georgia, Florida, Texas, Illinois, and Michigan law (among other jurisdictions). After a two-day evidentiary hearing in which Mr. McGuinness examined and cross-examined the key witnesses, the district court awarded Ford substantial fees as sanctions for plaintiff’s use of false affidavits in support of her case and struck plaintiff’s expert witness, which latter lead to the dismissal of her wrongful-death claims. The defense team also successfully settled more than one hundred cases. For over three years as a solo practitioner Andrew J. McGuinness, Esq., continued to team with Ford’s outside regional counsel to advance the client’s interests in remanded cases nationwide.
Kalter v. W.B. Doner & Co., et. al. (Case Nos. 10-11386-CZ and 11-20002-CZ, Oakland County Circuit Court, Mich.) Teamed with lead counsel of the largest independent domestic advertising agency in all phases of this fast-moving, highly contested lawsuit with claims of over $50 million. The case involved disputes with former company executives about deferred compensation and corporate governance issues. Argued and helped brief (and win) all dispositive motions. Assisted in all phases of discovery, including retention and supervision of contract counsel for local document review of sensitive documents. Successfully negotiated settlement of all claims.
In re Infant Formula Antitrust Litigation (Calhoun County Circuit Court, Mich.) Defended Abbott Laboratories, a pharmaceutical and consumer products company in this antitrust action alleging price-fixing of infant formula. Successfully defeated the certification of an indirect purchaser class at a multi-day evidentiary hearing (opponent was represented by prominent plaintiff’s counsel Michael Hausfeld), positioning the client to secure a favorable nationwide class settlement.
Maslo v Oak Pointe Country Club (American Arbitration Association & Livingston County Circuit Court, Mich.) Defended golf club and resort corporation in class action challenging membership policies. Obtained de-certification of previously-certified arbitration class and subsequently settled the case on highly favorable terms. Case involved multi-pronged strategy of circuit court litigation and arbitration motion practice, and application of cutting-edge arbitration and class action arguments based on recent Supreme Court precedent.
Hoffman, et al v. Comshare, Inc. (Case No. 2:96-cv-73711, US District Court, ED Mich.; US Court of Appeals for the Sixth Circuit.) Served as defense counsel for Comshare, a Michigan software company, in a securities class action involving allegations of accounting improprieties. The case is a landmark securities ruling under the Private Securities Litigation Reform Act and has been cited by the Supreme Court regarding the pleading standards applicable to scienter in a Section 10(b) fraud action. Worked successfully with client’s D & O Insurance carrier to implement a successful, cost-effect defense.
Lincoln Financial Group (US District Court, ED Mich; US District Court WD Mich; FINRA. ) Defended class action claiming an erroneous calculation of prepayment premiums in commercial loans, obtaining summary judgment in favor of client. Additional work for Lincoln Financial Group includes federal court litigation and FINRA arbitration hearing involving claims of breach of contract, selling away, and breach of fiduciary duties. Obtained ex-parte federal TRO blocking the destruction of sensitive client data and award for violation of same.
Tyfield Importers v. Giovanni Bosca SpA (Case No. 2:0-73431 US District Court, ED Mich.) Defended Italian wine manufacturer in dealer termination litigation involving both contract and statutory claims. The case was settled on terms favorable to client Giovanni Bosca SpA.
Dow Chemical v. Sumitomo Chemical (Case No. 1:96-cv-10330, US District Court, ED Mich.) Defended Japan’s largest chemical company in process patent litigation involving the process for encapsulating computer chips, with claims in excess of one hundred million dollars. The case required extensive investigation, fact discovery, witness preparation, expert witness development and cross-examination, and trial preparation. Obtained dismissal in the district court of all claims; the case was later settled on remand after appeal.
Michaels v. Federal Kemper Life Ins. Company (US District Court for the WD Mich.) Lead trial counsel obtaining no cause verdict after two-week jury trial of breach of contract of life insurance action where benefits were denied based on suicide exception.
Billoo v. Aggour (Washtenaw County Trial Court, Case No. 13-827-ck). Obtained favorable jury verdict in 2015 in this business fraud, misrepresentation, and breach of contract case involving the purchase and sale of a travel business specializing in international religious pilgrimages.
Drew demonstrated an outstanding ability to hit the ground running on very complex corporate litigation. Besides being an excellent litigator with outstanding credentials he also has listens to what the client’s goals are in crafting solutions and strategies which help achieve the objectives. His ability to work effectively with an internal team including other counsel while drawing upon his wealth of experience is outstanding. He accomplishes these goals while exhibiting a high sense of integrity and sharp wit that make him enjoyable to work with.