On Monday, March 25, 2019, as part of the continuation of a litigation spanning five (5) years and involving appeals by the Plaintiff to the Michigan Court of Appeals and Michigan Supreme Court, Foley & Mansfield's Gregory M. Meihn and Matthew T. Wise successfully won sanctions in the form of attorneys’ fees and cost against Plaintiff. Plaintiff, an individual and condominium owner, filed a civil suit against our client, Saline Northview Condominium Association, claiming typical breach of contract and violation of non-profit corporation act claims.
Additionally, Plaintiff alleged a “cybersquatting” claim under 15 U.S.C. Section 1114(2)(D). Our team secured dismissal of the claims at summary judgment. The Michigan Court of Appeals denied Plaintiffs appeal finding the claims and appeal to be without merit. Attorney Howard Wallach drafted the appeal brief. The Michigan Supreme Court denied leave.
Upon the filing of the Motion for sanctions, the Circuit Court granted Defendant Saline Northview Condominium Association’s motion and set the matter for evidentiary hearing on March 25, 2019.
At court, but prior to the case being called, Plaintiff agreed to pay sanctions in the amount of $69,000, to be reduced to $22,500 if the sum of $22,500 was paid in cash within 10 days. Plaintiff borrowed the money and the $22,500 was remitted to the carrier.