Attorney Donald C. Wheaton Jr.'s Legal Cases

Chapter 7 bankruptcy

Corcoran v. Publow, 418 B.R. 231 (E.D.Mich. 2009)

Oct 15, 2009

OUTCOME: Successfully defeated the Trustee's objections to the Debtors' exemptions in their tax refunds.

Debtors did not initially take any exemptions in anticipated tax refunds, and the Trustee objected when Debtors amended to take the exemptions when the refund amounts were identified. The Bankruptcy J ... udge upheld the exemptions, and the District Court on Appeal upheld the exemptions, too.

Litigation

Ormsby v. Capital Welding, Inc., 471 Mich. 45, 684 N.W.2d 320 (Mich. 2004)

Jul 23, 2004

OUTCOME: Changed Michigan caselaw regarding construction injury cases.

I appeared on behalf of an interested party as amicus curiae in this case that considered the relationship between the "common work area doctrine" and the "retained control doctrine," and which address ... ed the scope of each doctrine. The defendants got the plaintiffs' claims dismissed in the trial court, but the Court of Appeals reversed, holding that these doctrines are two distinct and separate exceptions to the general rule of nonliability of property owners and general contractors concerning the negligence of independent subcontractors and their employees. The Supreme Court disagreed, reversing the Court of Appeals and clarifying that these two doctrines are not two distinct and separate exceptions. Rather, only one--the "common work area doctrine"--is an exception to the general rule of nonliability for the negligent acts of independent subcontractors and their employees. This case dramatically changed Michigan law applicable to construction injury cases, significantly restricting injured workers' ability to recover anything except the limited benefits awarded under workers' compensation statutes.

Litigation

Schoenherr v. Stuart Frankel Dev. Co., 260 Mich.App. 172, 679 N.W.2d 147 (Mich.App. 2003)

Sep 30, 2003

OUTCOME: Successfully blocked the Defendant's dismissal motion at the trial court level, but lost on appeal.

The client was a roofer who fell from about 28' to the ground below when he stepped on roofing materials that overlaid and masked (so you could not see) the edge of the building. His wrists effectivel ... y ended up in his shoulders when he extended his arms to break his fall. The owner of the project asked the trial court to dismiss the case, but we opposed dismissal and the trial court agreed with us. The project owner appealed. The Court of Appeals decided that despite the evidence we presented, expert testimony showed the work was not inherently dangerous and dismissed the Client's claims.

Litigation

First Public Corp. v. Parfet, 468 Mich. 101, 658 N.W.2d 477 (Mich. 2003)

Apr 08, 2003

OUTCOME: Won summary judgment, then defended and upheld it through the appeals process.

The client was sued for breach of fiduciary duty, and we won summary judgment of the case at the trial court level, demonstrating that Plaintiff terminated any business relationship that may have exist ... ed upon which the Plaintiff based its claim. We successfully defended the result in the Michigan Court of Appeals, which affirmed the result, but created a new business entity -- an entity that the Michigan Supreme Court ultimately vacated because it had no support in existing Michigan law. The Supreme Court upheld the summary judgment we won in the trial court.

Donald C. Wheaton Jr.'s Legal Cases (4)

Corcoran v. Publow, 418 B.R. 231 (E.D.Mich. 2009)

Ormsby v. Capital Welding, Inc., 471 Mich. 45, 684 N.W.2d 320 (Mich. 2004)

Schoenherr v. Stuart Frankel Dev. Co., 260 Mich.App. 172, 679 N.W.2d 147 (Mich.App. 2003)

First Public Corp. v. Parfet, 468 Mich. 101, 658 N.W.2d 477 (Mich. 2003)