RECENT
VICTORIES:
In the last couple of years, Randy and Kevin have
litigated two very large cases against Korean
automotive suppliers. The first was Votar, L.L.C. v.
HS R&A Co., Ltd., 370 Fed. Appx. 583; 2010 WL 960313
(C.A.6 (Mich)) 2010. Randy tried the case before a
jury in the United States District Court in Ann
Arbor in December of 2007. The jury awarded every
penny of damages asked for, totaling approximately
$3.1 million plus continuing sales commissions for
life of part. The defendant, HS R & A, appealed the
decision and lost. The case was eventually settled
for $8.3 million
In May of 2010, in the case of Gerard Thomas
Company, Inc. v. S&T Daewoo Co., Ltd., Randy was
asked to take over as the attorney for the sales
representative firm in an arbitration against
another Korean automotive supplier after the
arbitration proceeding had already begun. The prior
attorney thought that he had negotiated a settlement
of $3 million, but before it was finalized, the
defendant, S&T Daewoo, advised that it would only
pay $1 million. After a six-day arbitration hearing,
the three-person arbitration panel issued an award
in the amount of $8.49 million in favor of Randy's
client. The case is currently on appeal to the Sixth
Circuit Court of Appeals by S&T Daewoo.
Randy and Kevin have also litigated several sales
commission cases involving software companies. In
2009, the firm arbitrated a case on behalf of a
sales representative from New Jersey who sold
software for a Michigan based software company. This
was a hard-fought case and involved more than $1
million in commissions. The arbitrators issued a
unanimous award in favor or the firm's client in the
amount of $1.86 million. This included all past due
commissions, penalty damages, arbitrator fees and
expenses, plus the firm's entire legal fee
calculated on a contingent fee basis.