Fink Bressack has been appointed by Judge Marianne Battani of the U.S. District Court for the Eastern District of Michigan to serve as Interim Liaison Counsel for the Direct Purchaser Plaintiffs in the pending Automotive Parts Antitrust Multidistrict Litigation. This case arises from a massive U.S. Department of Justice investigation into allegations of bid rigging and price fixing in the auto parts industry. The Antitrust Division of the DOJ, as well as foreign antitrust authorities, have undertaken antitrust investigations, which have led to multiple guilty pleas and the assessment of very significant fines and jail sentences. In conjunction with lead counsel, Fink Bressack has successfully recovered over $100 million for direct purchasers of various automotive parts, including wire harnesses, instrument panel clusters, heater control panels, occupant safety systems and bearings.
Fink Bressack currently represents plaintiffs in the Equifax Multidistrict Litigation arising out of the largest data breach in U.S. history
Fink Bressack currently represents plaintiffs in a class action against Allstate Insurance Company alleging that the insurance company uses an improper process called “price optimization” that gauges an insured’s willingness to pay and adjusts the appropriate premium for insureds based on how much Allstate believes it can get away with charging the insured. Plaintiffs allege that price optimization is nothing more than pricing discrimination and is unlawful.
Fink Bressack currently represents a CRNA in an antitrust class action against Munson Healthcare and Traverse Anesthesia Associates. The CRNA alleges that the companies have engaged in an unlawful no-poach agreement in violation of antitrust laws.
Fink Bressack currently represents students from universities throughout Michigan and Ohio in class action lawsuits filed against these universities seeking a refund for room and board, tuition, and other fees from the Spring/Winter 2020 semester, when the universities advised students to move off campus and converted all classes to emergency remote teaching.
Fink Bressack currently represents plaintiffs in a class action against Total Health Care arising out of a data breach.
Fink Bressack currently represents plaintiffs in a class action against General Motors related to an alleged “shift to park” defect in hundreds of thousands of 2016 through 2019 Chevrolet Malibu, 2016 through 2019 Chevrolet Volt, 2018 through 2019 Chevrolet Traverse, and 2019 Chevrolet Blazer. Plaintiffs allege that the vehicles contain a defect in which the vehicles fail to detect that the driver has placed the car in park and thus prevents the vehicle driver from shutting off and locking the vehicle. Instead, the vehicles display a “Shift to Park” error message on the instrument cluster even though the gear shift is already in “Park.”
Fink Bressack currently represents plaintiffs in a class action against FCA US related to an alleged defected in 2014 model year and later Chrysler 300s, Dodge Chargers, and Dodge Challengers. Plaintiffs allege the vehicles suffer from an inherent defect that results in interior trim panels (e.g., door panels, center console, dash console, kick panels) warping and pulling away from the vehicle from. The federal judge in the matter recently denied in part FCA’s motion to dismiss.
Fink Bressack currently represents plaintiffs in class action lawsuits brought under the ERISA against certain companies related to the companies’ breaches of their fiduciary duties related to their mismanagement of employee retirement plans.
Fink Bressack was appointed by Judge Marianne Battani of the U.S. District Court for the Eastern District of Michigan to serve as Interim Liaison Counsel for the Direct Purchaser Plaintiffs in the pending Automotive Parts Antitrust Multidistrict Litigation. The cases, which have been consolidated in the Eastern District of Michigan, arise from a massive investigation into allegations of bid rigging and price fixing in the auto parts industry by the U.S. Department of Justice and numerous foreign antitrust regulators. The investigations led to multiple guilty pleas and the assessment of record fines and jail sentences. Working with lead counsel, Fink Bressack has, to date, successfully recovered over $100 million for direct purchasers of various automotive parts, including wire harnesses, instrument panel clusters, heater control panels, occupant safety systems and bearings.
Fink Bressack was appointed to serve as lead counsel for Direct Purchaser Plaintiffs in the Refrigerant Compressors Antitrust Litigation. After five years of litigation, the Direct Purchaser Plaintiffs settled with (1) Tecumseh Products Company, Tecumseh Compressor Company, Tecumseh do Brasil, Ltda and their subsidiaries and affiliates; (2) Embraco North America, Inc., Whirlpool S.A. and their subsidiaries and; (3) Danfoss Flensburg GmbH, formerly Danfoss Compressors GmbH; and, (4) Panasonic Corporation, Panasonic Corporation of North America and their subsidiaries and affiliates for the net total amount of $20,842,260.52.
Fink Bressack represented a client in the investigation of potential anticompetitive conduct in the pharmaceutical industry. The firm provided advice to the client regarding the market and regarding possible legal challenges to the anticompetitive conduct.
Fink Bressack represented a Fortune 500 company in the investigation of potential anticompetitive conduct in a new industry for the client. Fink Bressack was able to advise the client of potential anticompetitive conduct in the industry and was able to advise the client of legal strategies to address the conduct.
Fink Bressack was retained by a bankruptcy trustee to pursue litigation relating to a transaction in which the debtor was allegedly defrauded (leading, in part, to the bankruptcy filing). The firm was able to recover nearly the entire amount lost by the debtor.
Fink Bressack represented the largest creditor in bankruptcy proceedings for a large Illinois and Michigan company. The firm was able to collect a large percentage of the amount owed to its client.
Fink Bressack represented a debtor in a Chapter 7 liquidation action. The firm’s client had worked for the liquidating business for many years, and the bankruptcy trustee sought to repossess all of the money she earned. The firm successfully moved for dismissal of the claims against the firm’s client.
Fink Bressack represents the primary creditors in a large, complex bankruptcy involving a multi-million dollar healthcare business.
Fink Bressack was retained by a large debtor to challenge legal fees that had been billed to the debtor by its attorneys and consultants. The firm was able to obtain a large reduction in the amounts owing.
Fink Bressack represented a law firm with respect to a dispute that arose when several of the partners left to form a rival firm. Fink + Associates successfully negotiation a resolution that was beneficial to its client.
Fink Bressack represented a law firm that was being sued by a former partner under various common law and contract theories. Fink Bressack was able to negotiate a resolution that was highly favorable to its client.
Fink Bressack represented the founding partner of a healthcare organization in litigation between the founding partner and other owners of the organization. Fink Bressack negotiated a settlement that provided significant financial benefit to the client.
Fink Bressack represented a boat manufacturer in an action regarding a contract for sale of goods. After contentious litigation, the matter settled with Fink Bressack’s client obtaining a very favorable result.
Fink Bressack represented a manufacturer in a breach of contract action regarding the termination of a dealer franchise agreement. After extensive litigation and mediation, the firm negotiated a favorable settlement on behalf of its client.
Fink Bressack represented an independent sponsor in a lawsuit relating to an attempted squeeze out related to a business deal. The firm’s client presented a lucrative investment opportunity to various investors. The investors accepted the business opportunity and agreed to share the economic benefits with the firm’s client. The other investors, however, implemented a scheme to squeeze out Fink Bressack’s client and eliminate his economic benefits. After the firm filed a complaint and sought an injunction, the case quickly resolved through mediation, resulting in a beneficial settlement for Fink Bressack’s client.
Fink Bressack represented a large municipality in contentious litigation with a cable television operator, who, the municipality alleged, owed fees to the municipality under a franchise agreement. After oral argument in the Sixth Circuit Court of Appeals, the parties entered into mediation, where Fink Bressack obtained a very favorable settlement for the municipality.
At the end of its historic bankruptcy, the City of Detroit turned to Fink Bressack for representation to challenge the massive fees charged by lawyers, actuaries and other bankruptcy experts. With extraordinary time constraints, the firm succeeded in saving the City millions of dollars through a mediation process.
Fink Bressack represented a public energy company in a lawsuit against a university for alleged underpayment of energy costs. After extensive litigation, Fink Bressack’s client received a favorable settlement. The resolution was a true win-win, as the settlement was structured in a manner to also benefit the university.
Fink Bressack represented a governmental entity in breach of contract actions brought by municipal contractors. The trial court denied a motion to stay discovery while Fink Bressack’s motion for summary disposition was pending. Fink Bressack prevailed on an interlocutory appeal. The Michigan Court of Appeals reversed the trial court and ordered the matter stayed pending the resolution of the dispositive motion. Fink Bressack then obtained a complete dismissal of that case at the pleading stage, without any discovery.
Fink Bressack represented a governmental entity in a dispute involving a sub-contractor involved in an abatement contract. The sub-contractor alleged that the governmental entity was unjustly enriched when the contractor failed to pay the sub-contractor. Fink Bressack obtained a dismissal of the case with prejudice after case evaluation and before trial, without any discovery.
Fink Bressack currently represents the Detroit Downtown Development Authority, Detroit Brownfield Redevelopment Authority, Detroit Mayor Mike Duggan and Thomas Lewand in litigation challenging the use of tax increment financing for the Little Caesars Arena in downtown Detroit, which is the home to the Detroit Red Wings and the Detroit Pistons. After extensive motion practice and multiple hearings in federal court, Fink Bressack’s clients prevailed, obtaining summary judgment. An appeal is currently pending in the United States Court of Appeals for the Sixth Circuit.
Fink Bressack represented the highest ranking official of a municipality in a lawsuit alleging that the official was individually liable on a purported contract with a former employee.
Fink Bressack represented municipal entities in litigation to determine whether tax increment finance entities could capture taxes from revenue raised from a millage to support the municipal entities. The matter was resolved via new legislation that exempted Fink Bressack’s clients from having their millage taxes captured.
Fink Bressack represented a municipality in a dispute with the State of Michigan regarding the use of federal grant money provided by the State. The firm negotiated a settlement with the State without resorting to litigation.
Fink Bressack represented a municipality with respect to a dispute relating to the capture and use of tax increment revenue by a different municipality and its tax increment financing entities. A favorable settlement was reached without expending resources in litigation.
Fink Bressack has represented governmental entities in matters related to large-scale blight demolition programs. The firm has handled litigation in both trial courts and appellate courts involving contractor disputes and allegations of improper demolitions.
Fink Bressack represented a group of property developers and managers in a dispute with a group of investors. On the eve of trial, the firm negotiated an advantageous settlement for the firm’s clients.
Fink Bressack represented a group of investors in a renovation of a large building in downtown Detroit. The dispute arose when the firm’s clients’ partners surreptitiously sold a percentage of their interests in the development through a purported syndication. Without filing a lawsuit, the firm was able to negotiate a fair resolution that improved the partnership relationship for the firm’s clients.
Fink Bressack represented a putative class of plaintiffs in a class action against Pacific Union and Proctor Financial, Inc. alleging that lenders and third-party mortgage services abused homeowners in a vulnerable position due to experiencing property damage to their homes. Plaintiffs alleged that rather than honoring their contractual obligation to assist homeowners in using insurance proceeds to repair their damaged homes, these companies instead sought to profiteer in the face of homeowners’ vulnerability, by erecting illegal barriers to homeowners’ ability to use their insurance proceeds to repair their homes. Plaintiffs alleged that the companies deducted bogus inspection fees from insurance proceeds, a deduction which is in direct contravention of the companies’ mortgage agreements.
Fink Bressack represented a class of plaintiffs in a class action against a bank and its officers and directors arising from the alleged improper assessment, collection and disclosure of overdraft fees, including those fees that were assessed due to the bank’s high-to-low debit card transaction sequencing practice. After litigating the case for over three-and-a-half years, Fink Bressack and its co-counsel negotiated a large payment for the class.
Fink Bressack represented a class of plaintiffs in a class action against a large bank relating to improper collection of excessive overdraft fees from its customers. After the Court denied the bank’s motion for summary judgment, Fink Bressack and its co-counsel obtained a large settlement on behalf of the class.
Fink Bressack represented a company accused of sending spam emails. Fink Bressack obtained complete dismissal of the lawsuit prior to class certification.
Fink Bressack represented a pharmaceutical wholesaler accused in a putative class action of making misleading claims relating to products sold. Fink Bressack able to obtain a very favorable settlement for its client prior to class certification.
Fink Bressack represented a company accused of violating the Telephone Consumer Privacy Act by allegedly sending unsolicited marketing text messages. The firm was able to obtain a very favorable class settlement for its client.
Fink Bressack served as co-counsel representing a class of shareholders who were objecting to the terms of a proposed merger. The matter was settled by the acquiring company increasing the value of its offer and providing additional disclosures.
Fink Bressack represented a large employer with respect to a contested petition for union representation. Near the end of the administrative proceedings in the matter, the Michigan Legislature and Governor enacted targeted legislation that changed the labor laws in dispute. Fink Bressack challenged the new legislation and federal court and obtained a ruling that the law was unconstitutionally enacted.
Fink Bressack represented a minority owner of an automobile dealership in a Title VII sexual harassment claim against the majority owner of the dealership. Shortly before trial, the firm was able to negotiate a large settlement of the matter.
Representation of employer in Elliot Larsen Civil Rights Act lawsuit (AIT)
Fink Bressack represented a class of plaintiffs against Enbridge Inc. after one of its pipelines leaked and sent an estimated 843,000 gallons of crude oil into Talmadge Creek and the Kalamazoo River, creating the largest inland oil spill in U.S. history. The settlement required the company to pay millions of dollars to residents and land owners of properties near the river.
Fink Bressack represents a local municipality and downtown development authority, individually and on behalf of a class of similarly situated property owners, in a lawsuit brought against another governmental entity regarding a dispute over the remediation of contaminants at a landfill operated by a different municipality. Fink Bressack’s clients filed the lawsuit to recover environmental responses costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Michigan Natural Resources and Environmental Protection Act (NREPA).
Fink Bressack represented a Fortune 100 company in a successor liability suit relating to contamination at a site owned by the company. After obtaining several very favorable rulings, the case was settled on terms very favorable to the client.
Fink Bressack represented the minority owner of a large company in a dispute relating to oppressive conduct by the shareholder and the distribution of revenue derived from the sale of the corporation. Despite obtaining several unfavorable rulings by the trial court, Fink Bressack was able to settle the matter on terms favorable to the client.
Fink Bressack represented a minority shareholder in a healthcare company, who had not received appropriate distributions and improperly forced out of the company. Fink Bressack obtained a very favorable settlement for its client, who was able to use the settlement proceeds to start a very successful competitor company.