J-Bob LLC v. Mike's Garage / LaRocca's Towing, LLC, 2017 WL 395288 (E.D. Mich. 2017)
Jan 31, 2017OUTCOME: Case Dismissed
Successful defense of a lawsuit filed by parties claiming a towing company wrongfully converted and acquired title to a motorhome valued at $350,000. The plaintiffs asserted claims of conversion, repl ... evin, fraud, and abuse of process, seeking treble damages exceeding $1 million. In lieu of answering the complaint, Doerr Law Firm, on behalf of the company, filed a motion to dismiss. In the motion, the company argued that Plaintiff’s exclusive remedy was governed by Michigan’s abandonment statute, MCL § 257.252a, et al, which the plaintiffs failed to honor. The United States District Court for the Eastern District of Michigan agreed, finding that parties could not circumvent Michigan’s statutory scheme by putting different labels on their claims. The court granted the motion and dismissed the case with prejudice.
