Criminal Law

• Criminal Defense
  We are excited to announce that Nicole Wisnewski has joined Harvey Kruse, P.C., as an associate attorney. Mrs. Wisnewski brings a wealth of experience in No-Fault first-party and bodily injury defense, and her background also includes work in general civil defense, criminal defense, landlord/tenant matters, and civil rights claims. Prior […]
• Wrongful Death
  But returning to the legal profession, Jason has worked at Harvey Kruse, PC since law school and was made a partner in the Firm in 2011 and a member of the Firm’s Board of Directors in 2021. Jason aggressively represents his clients in the courts with a single goal of obtaining the most favorable outcome and desired results for his clients. Through his tireless efforts and by putting his clients first Jason has been able to routinely achieve victories on motion practice, trials and on appeal. For example, Jason was lead defense counsel for a trial in the Wayne County Circuit Court for a wrongful death case that lasted three weeks, resulting in a “no cause.â€
• Sex Crimes
  Liberty Insurance Corp. v Bowles, 36 F Supp 3d 756 (ED Mich, 2014), in which we obtained a summary judgment on the basis that there was no duty to defend or provide coverage for the underlying allegations of an assault because there was no “occurrence†, that the self-defense exception did not apply, and that coverage was also barred by the sexual molestation, corporal punishment or physical or mental abuse exclusion.
• Fraud
  Acted as a prosecutor handling special and general courts-martial, trying numerous jury and bench trials involving offenses including, but not limited to, conspiracy, aggravated assault, larceny, drug importation, drug use, and distribution, and check and credit card fraud. Received the Navy Achievement Medal for successfully prosecuting a complex criminal conspiracy to commit check fraud.
• Robbery
  The plaintiff, Curtis McLeod, was arrested and held in jail for 18 months surrounding  the murder and robbery of an African American male in Flint. Mr. McLeod was later released from  jail when it was determined there was not enough evidence to prosecute. Plaintiff sued the arresting police officer defendant, David Bender, the detective who conducted the murder investigation, Lieutenant Marcus Mahan, The City of Flint, and the Genesee County Prosecutor’s office. The City of Flint and the prosecutor’s office were dismissed on the basis of governmental immunity. Defendants Bender and Mahan then filed the instant Motion for Summary Judgment asserting there was probable cause for the arrest and detainment of Mr. McLeod. The District Court agreed, explaining that there was at least “arguable probable cause to arrest and detain McLeod†. Thus, qualified immunity applied, warranting the dismissal of allegations of false imprisonment and violations of 42 USC § 1983. Plaintiff filed an appeal to the U.S. Sixth Circuit Court of Appeals, and he filed a state court action in the Genesee County Circuit Court. Through the process of early mediation within the sixth circuit, the cases were all resolved for a nominal sum. Another good result for the City of Flint.
• Theft
• Assault
  This was an action filed against the defendant police officer asserting gross negligence, false imprisonment, and assault and battery concerning the officer’s handling of a single vehicle roll-over accident, and medical care provided to the plaintiff following the accident. The plaintiff asserted she was denied the right to refuse medical treatment, and that the officer’s conduct in standing by while the EMS crew allegedly forced medical care upon the plaintiff, subjected the officer to liability. The trial court granted defendant’s Motion for Summary Disposition on the state law claims. The trial court told plaintiff she could amend her complaint to add a federal cause of action under 42 USC § 1983, but cautioned plaintiff that unless she had additional evidence to support such a cause of action, that filing an amended complaint could be considered frivolous. Thus far, plaintiff has not filed an amended complaint or an appeal of the trial court’s decision.
• Murder
  McLeod v City of Flint, David Bender, Marcus Mahan, et al – U.S. District Court, Eastern District of Michigan, Case No. 13-CV-1287. The plaintiff, Curtis McLeod, was one of two suspects arrested in Flint after Officer David Bender observed two individuals wearing t-shirts covering their faces, appearing to be involved with criminal mischief, and who ran as soon as they observed police. Officer Bender gave chase and called for back-up, and two suspects, including Mr. McLeod, were eventually arrested. It was discovered during this time frame that murder and robbery had been committed in the apartment where the two suspects were originally observed. One of the two suspects was later found guilty of the murder, having tested positive for gun powder residue on his hands. Mr. McLeod was held in jail for 18 months on charges of murder and robbery, but he was later released from jail for lack of evidence linking him to the crimes. Plaintiff sued Officer David Bender, Lieutenant Marcus Mahan, who investigated the murder, the City of Flint, and the Genesee County Prosecutor’s Office. The City of Flint and the Prosecutor’s Office, through separate legal counsel, were dismissed from the case. Michael J. Guss and Anne V. McArdle, representing Officer Bender and Lieutenant Mahan, filed a Motion for Summary Judgment asserting that there was a reasonable belief of probable cause for the arrest and detainment of Mr. McLeod and that qualified governmental immunity applied. The District Court agreed, explaining that there was at least “arguable probable cause to arrest and detain McLeod†, and the dismissal of plaintiff’s allegations of false imprisonment and violations of 42 USC § 1983 was ordered.
• Arson
  Successfully defending an insurance company in property damage claims resulting in the convictions of four persons for arson and insurance fraud.
• Restraining Order

Business and Corporate Law

• Business Disputes
  We pride ourselves on the extent of our litigation practice and take full advantage of our attorneys’ significant experience in handling specialized matters. Our attorneys’ specialties range from business disputes and consumer rights litigation to environmental and regulatory issues. We can intelligently staff our cases with seasoned litigators who have the expertise necessary to not only successfully defend the client in litigation but to do so in a manner that emphasizes cost-efficiency.
• Business Transactions
• Construction Contracts
  We litigate all types of cases under the Uniform Commercial Code and we regularly appear in equitable actions (involving the enforcement of supply contracts). In addition, we defend manufacturers in cases arising under statutes such as federal and state consumer protection laws or laws regulating trade practices. We also represent clients in a variety of sophisticated contract disputes arising out of sales of goods, the purchase and sale of businesses, utility contracts, the transfer or licensing of intellectual property, construction contracts, overtime disputes, and partnership disputes.
• Trade Secrets
• Intellectual Property
  Robert D. Goldstein, of counsel with Harvey Kruse, began and continues his career in the courtroom. A skilled litigator, he represents his clients in insurance defense, appellate, commercial, and intellectual property litigation covering personal injury, premises liability, automobile claims, defamation, and business interference matters.
• Unfair Competition

Employment Law

• Workers Compensation
  Harvey Kruse, P.C. has been involved in litigating first-party, no-fault insurance, disputes since the Michigan No-Fault Act was enacted in 1973. We have been counsel for insurance companies in published Michigan Court of Appeals and federal opinions on nearly every section of the Act, including cases involving accidents with parked vehicles, issues of priority among insurers for payment of benefits, setoff of workers compensation and no-fault cases in the trial courts involving claims for medical expenses, work loss, replacement services, as well as claims for payment of attendant care provided by family members and friends.
• Wrongful Termination
  I regularly sit as a Mediator or Case Evaluator in Wayne County Circuit Court as both a defense mediator and as a commercial mediator. In addition, I frequently serve as a Special Mediator and as an Arbitrator in commercial, toxic tort, malpractice, and wrongful discharge cases.
• Employment Discrimination
  Robert Garceau, et. al. v City of Flint, et al., Sixth Circuit Court of Appeals. In 2011 the City of Flint Police Department had an excess of sergeant openings. Thus, its then-Chief of Police, defendant Alvern Lock, provisionally promoted 12 officers until the Department could create and administer a formal promotional exam. Following the provisional-appointments, twelve Caucasian police officers who were promoted to sergeant brought suit under 42 U.S.C. § 1983, claiming reverse race discrimination. After extensive discovery, the district court granted our motion for summary judgment and dismissed plaintiffs’ reverse discrimination claims. The plaintiffs then appealed to the Sixth Circuit Court of Appeals. After the briefing, the Sixth Circuit waived oral argument and issued an opinion affirming the trial court ruling, holding that there was no support in the record that plaintiffs’ race motivated Chief Lock’s promotional decisions
• Employment Contract
  The Hurley Clinic v Susan Moulton & Susan Moulton v The Hurley Clinic, Genesee County Circuit Court. Defendant/Counter-Plaintiff is a nurse practitioner who worked for The Hurley Clinic. When her employment contract was set to expire on December 31, 2011, Hurley drafted a proposed Separation Agreement that agreed to waive the Covenant Not to Compete for clause in her contract. Rather than executing the Separation Agreement that was provided to her, Defendant/Counter-Plaintiff unilaterally struck out a provision in the contract, signed it, and returned it to Hurley an hour before the deadline. As such, Hurley took the position that the Separation Agreement was void and the Covenant Not to Compete remained in effect. When Hurley discovered that Defendant/Counter-Plaintiff accepted employment with a competitor roughly a month after her employment with Hurley expired, which was located roughly a quarter to a half-mile from Hurley, Hurley filed suit for Breach of the Covenant Not to Compete and Confidentiality. In response, Defendant/Counter-Plaintiff filed a counterclaim for fraud and breach of contract, primarily alleging that she was not paid correctly over the past 10 years. Thereafter, Defendant/Counter-Plaintiff’s new employer terminated her pursuant to Hurley’s Covenant Not to Compete. Thus, Hurley attempted to withdraw its lawsuit as the termination effectively stopped the competition. However, Defendant/Counter-Plaintiff refused to dismiss her claims, making a $300,000 settlement demand up until the date of trial. After a five-day jury trial, Defendant/Counter-Plaintiff accepted an offer of a mutual dismissal, with prejudice, without costs, interest, or attorney fees to either party.
• Employment Litigation
  A company’s employees can be among its most valuable assets. But if employers violate the complex web of federal and state laws and regulations that govern the relationship between employer and employee, those assets can quickly become costly liabilities. At Harvey Kruse, P.C., we help companies defend themselves against the vast array of employment claims and administrative actions that can disrupt operations, damage reputations, and expose them to significant losses.
• Non-compete Agreement
  Crane 1 Services, Inc. v. William Janssen, Eastern District of Mich (2023) – This was a case involving allegations that our client, a sales area supervisor, violated his former employer’s non-solicitation and non-compete clauses. The damages alleged were in excess of $1 million dollars. Initially, we were successful in having the case transferred out of the Southern District of Ohio Court for a lack of contacts with Ohio and move the case into a new venue in the Eastern District of Michigan to gain a homefield advantage. Next, we continued to advance arguments opposing the plaintiff’s requests for a Temporary Restraining Order and later Preliminary Injunction, arguing that plaintiff had not demonstrated it was likely to prevail on the merits, that money damages were sufficient, and later that the passage of time had rendered many of the plaintiff’s claims moot and plaintiff was improperly attempting to extend the term of the non-solicitation and non-compete agreements beyond the agreed upon 1-year term. This allowed the client to continue in his role in sales with his new employer. Additionally, we filed a counterclaim on behalf of our client for additional unpaid commissions during his employment with Crane 1. Finally, our discovery efforts successfully disproved to the plaintiff’s satisfaction that the allegations of improper conduct were unsupported in evidence, and similarly that any damages it had were speculative and unsupported in evidence. Collectively, the defense efforts in this case ultimately resulted in a voluntary dismissal of our client without any injunctive relief or monetary damages.
• Severance Agreement
• Sexual Harassment
  Chojnowski v Huron Clinton Metropolitan Authority, et.al. (Michigan Court of Appeals, 2015) (unpublished)  – Summary disposition granted by lower court unanimously affirmed on appeal, approving dismissal of a variety of employment-related claims, including gender discrimination, sexual harassment, retaliation, assault, and intentional infliction of emotional distress.

Property Law

• Premises Liability
  Harvey Kruse, P.C. has been litigating premises liability cases and protecting the interests of business property owners, homeowners, and carriers since our founding over 50 years ago.  Our attorneys have also worked on some of the most significant appellate cases in Michigan in this area.
• Construction Litigation
  Construction disputes, as with most other lawsuits, are typically resolved before trial litigation begins. This is not only cost-effective in many cases, but allows each party to avoid the uncertainty of trial by negotiating a controlled “compromise outcome.†  At Harvey Kruse, P.C., we maintain an active and varied practice in alternative dispute resolution. We help our clients navigate the procedural and substantive complexity requisite to the range of available alternative dispute resolution processes, including arbitrations, mediation, facilitation and mini-trials, among others.  In fact, a number of our partners serve as neutral arbitrators and mediators themselves.
• Easement
• Property Damage
  We provide comprehensive representation for transport carriers who are involved in transportation-related disputes that involve bodily injury, property damage, cargo loss, insurance issues, government regulation, vehicle design defects, and risk management.

Health Law

• Personal Injury
  In addition, I have extensive product liability experience including personal injury cases involving mismatch and multi-piece wheel explosion lawsuits, seat belt injury and death cases, vehicle rollovers claims, automotive seating system files, flex fan injury and death suits, automatic transmission “park-to-reverse” cases, environmental claims, machinery accidents and fire extinguisher litigation.
• Medical Malpractice
  David focuses his practice on representing defendant manufacturers and suppliers involved in asbestos litigation throughout the state of Michigan. His work in this area on behalf of his clients has resulted in the favorable resolution or dismissal of hundreds of cases. At his prior firm, David focused on toxic tort and medical malpractice defense.
• Auto Accidents
• Social Security Disability
  Advanced Surgery Center (Ida Smith) v Amerisure Insurance Co, Oakland County Circuit Court, case no. 19-174088-NF, Hon. D. Langford Morris. The plaintiff Ida Smith filed No-Fault PIP and Auto Negligence claims, where several medical providers filed their own lawsuits for PIP medical benefits in various Michigan courts.  Our office filed a Motion for Summary Disposition in the Ida Smith case seeking dismissal of her PIP action, the intervening medical provider case, and the third-party auto negligence lawsuit.  The court granted this motion in its entirety, dismissing the case and all counts with prejudice.  In rendering this ruling, the court reviewed a security video obtained by defense counsel that captured the occurrence of the accident.  In this video, Ms. Smith exited the medical transportation vehicle she was riding within, and she walked behind the vehicle, which then very slowly backed up making a slight contact with her left arm.  Ms. Smith went into the hospital and complained of the accident, and of having pain to her left arm, but no other injuries were identified on exam.  Later though, she asserted a rather serious low back injury including disc herniation, where Ms. Smith engaged in various forms of therapy, and she then had surgery to the lumbar spine.  The court additionally reviewed evidence presented of the medical records and history of Ms. Smith, showing she had longstanding low back pain, and various other health conditions, where she was already receiving Social Security Disability benefits as of the happening of the accident.  The trial court therefore found that Ms. Smith could not establish proximate causation of any injuries, to satisfy the requisite no-fault standards for first and third-party cases.  Plaintiff Smith did not appeal.  Defendant then asked all no-fault medical providers to dismiss their PIP cases, where upon refusal, defendant filed motions for summary disposition, asserting no causation of injuries, and also, res judicata based on the Circuit Court ruling in the Smith case.  The 15
• Disability Discrimination

Trusts and Estates

• Wills
  Michael began his legal career in Utah working in partnership with his father in a general law practice handling matters including contract, property/real estate, wills & trusts, family law, and general business transactions. He also worked as a guardian ad litem representing minors in family court.
• Trusts
• Probate

Finance Law

• Bankruptcy
• Debt Collection
  From its founding, this firm has proudly held the reputation of aggressive litigators and being willing and eager to try cases to conclusion. We pride ourselves on having handled all types of product liability cases. From that base, the firm has expanded its expertise to include overtime litigation, employment discrimination, wrongful discharge, construction accidents, toxic torts, malpractice, environmental, premises liability, dram shop actions, automobile negligence, insurance coverage questions, contractual disputes, trade secrets, probate, will contests, debt collection and bankruptcy matters.