Honors and Successes
Fraser Lawyer victorious on behalf of ERISA health plan client
Fraser Trebilcock shareholder and President, Thaddeus E. Morgan, obtained a significant victory on behalf of the Firm's ERISA health plan client in Glover v Nationwide, 676 F.Supp.2d 202 (W.D. Mich. 2009). At issue was the plan's right to seek reimbursement for paid medical expenses from its member's personal injury settlement. The court ruled in favor of the Firm's client. This was an issue of first impression in Michigan, resulting in a published federal district court decision - only approximately 10% of all federal district court opinions are published in the Federal Supplement.
Mr. Morgan practices in the areas of ERISA and health care litigation. He can be reached at (517) 377-0877 or tmorgan@fraserlawfirm.com.
Fraser Attorneys Listed in Best Lawyers in America
Nine shareholders with Fraser Trebilcock have been selected for inclusion in the 25th Anniversary edition of The Best Lawyers in America®.
The attorneys named to the list and their practice areas include David E. S. Marvin, Administrative Law; Peter L. Dunlap, Alternative Dispute Resolution; Michael E. Cavanaugh, Commercial Litigation; Stephen L. Burlingame, Corporate Law; Darrell A. Lindman, Employee Benefits Law; Mark R. Fox, Intellectual Property Litigation; Douglas J. Austin, Real Estate Law; Iris K. Linder, Securities and Corporate Law; and Marlaine C. Teahan, Trusts and Estates.
Selection to The Best Lawyers in America® is based on an exhaustive and rigorous peer-review survey that utilizes more than 2 million confidential evaluations by the top attorneys in the country. The publication has been described in The American Lawyer as "the most respected referral list of attorneys in practice."
Eleven Fraser Trebilcock Attorneys Named Michigan Super Lawyers
Eleven shareholders with Fraser Trebilcock have been named "Michigan Super Lawyers" for 2010 by the Publishers of Law & Politics. Each year, Law & Politics uses a rigorous selection process, inviting more than 30,000 Michigan lawyers to nominate the best attorneys they know; then Law & Politics’ own research department searches for outstanding Michigan lawyers by reviewing national and local periodicals and trade journals; searching professional databases and online sources; and conducting in-person and telephone meetings with law firms.
Through a rigorous judging process, only 5% of the total lawyers in Michigan are listed in Super Lawyers.
The eleven "Michigan Super Lawyers" at Fraser Trebilcock include: Mark A. Bush, General Litigation, Insurance Coverage, Professional Liability, Defense; Michael E. Cavanaugh, Administrative Law, Commercial Litigation; Graham K. Crabtree, Appellate Practice; Mark R. Fox, Intellectual Property; Peter D. Houk, Alternative Dispute Resolution; Darrell A. Lindman, Employee Benefits/ERISA; David E.S. Marvin, Utilities, Administrative Law, Government/Cities/Municipalities; Thaddeus E. Morgan, Business Litigation; Michael H. Perry, Environmental Litigation, Business Litigation; Marlaine C. Teahan, Estate Planning & Probate, Estate & Trust Litigation and Kenneth S. Wilson, Employment & Labor, Franchise/Dealership.
Fraser Lawyers Prevail In Major Gaming Patent Case
Mark R. Fox and Toni L. Harris have prevailed in a major gaming industry patent infringement lawsuit in the United States District Court for the District of Nevada.
A publicly-traded company located in Nevada that manufactures and distributes electronic gaming devices filed a patent infringement lawsuit against a small privately-held Michigan business that manufacturers and distributes similar electronic gaming devices. The publicly-traded company had successfully sued other companies for infringement involving the same patent.
Fox and Harris first prevailed in the Markman Claim Construction Proceeding. Then, with the federal court construing the critical patent claim terms as argued by Fox and Harris, they moved for summary judgment of non-infringement. The federal court granted the motion in a thirteen-page, sealed Opinion and Order.
Fox and Harris have extensive experience trying patent and other intellectual property cases throughout the country. Fox is the Chair of the Firm's Intellectual Property & Technology Practice Group. Harris, who has a master's degree in electrical engineering, is also licensed to practice before the United States Patent and Trademark Office.
After Six Months, Fraser Lawyers Prevail
Mark R. Fox and Toni L. Harris successfully tried an arbitration case that lasted more than six months, in which they prevailed on all of the patent issues, obtained a dismissal of the other company's state law claims, and received an award of their attorney fees and costs. The arbitration decision was subsequently affirmed by the court.
Fraser Attorneys Successfully Defend Defamation Suit
In the published case, Oesterle v Wallace, 272 Mich App 260 (2006), attorneys Peter L. Dunlap and Ryan K. Kauffman successfully defended a defamation suit in the Michigan Court of Appeals, which affirmed summary disposition for their client. In a matter of first-impression in Michigan, the Court followed suit with other jurisdictions and held that the absolute privilege, which applies to judicial proceedings, protects statements made during settlement negotiations.