Charles N. Ash Jr.

Experience

• Frontier Energy L.L.C. v. Aurora Energy Ltd., U.S. Bankruptcy Court, Western District of Michigan – Lead trial counsel for Aurora Energy (n/k/a NorthStar Energy, a northern Michigan natural gas operator and working interest owner) as the defendant in a multimillion dollar dispute with one of its largest royalty owners. This dispute involved many issues in wide-ranging areas of oil and gas law, including the reasonably prudent operator standard, various terms and conditions in the State of Michigan form of lease, various terms and conditions in a payout clause, deductions from royalty for certain types of post-production costs, treatment/processing and transportation of gas, and the relationship between affiliated entities, as well as the relationships among up-stream entities, mid-stream entities and down-stream entities. After the presentation of the plaintiff’s case-in-chief, the court granted Aurora’s motion to dismiss all but one of the plaintiff’s claims. The full presentation of the proofs at trial spanned 10 days. As to the plaintiff's remaining claim, the court did not find Aurora to be liable for any damages.
• LG Electronics USA, Inc. v. Whirlpool Corporation, U.S. District Court, Northern District of Illinois - Member of trial team who successfully represented Whirlpool as the defendant in a false advertising case under the Lanham Act and Illinois state law. The plaintiff in the case sought $85 million in damages, but, after a three-week trial, the jury did not award any damages. The court entered judgment in favor of Whirlpool and against the plaintiff on each one of the plaintiff’s causes of action, ending in a complete victory for Whirlpool. The plaintiff did not appeal.
• Michigan Department of Transportation v. Aero-Bulk Carrier, et. al., Ingham County Circuit Court, Michigan - Represented subsidiary of national trucking company in connection with Michigan Department of Transportation's claim that the trucking company should be held liable for more than $1 million in alleged damages to an overpass, despite the existence of a No-Fault insurance policy. Successfully obtained summary disposition in favor of Aero-Bulk.
• National Insurance Counsel, Gainey Corporation, U.S. Bankruptcy Court, Western District of Michigan - Represented national trucking company in bankruptcy court on all insurance-related matters arising out of its Chapter 11 bankruptcy filing.
• Intrastate Distributors, Inc. v. Energy Brands, Inc., The Coca-Cola Company, and Coca-Cola Enterprises Inc., U.S. District Court, Eastern District of Michigan - Represented Energy Brands (d/b/a glacéau) in connection with the termination of its former distributor for Southeast Michigan. After receiving the notice of termination from Energy Brands, the distributor sued Energy Brands for breach of contract and violation of Michigan's Franchise Investment Law. In addition, the distributor sued Coca-Cola (the parent company of Energy Brands) and Coca-Cola Enterprises (the new distributor) for tortious interference with contract and violation of the Michigan Antitrust Reform Act.
• Zurich Insurance Company v. S.C. Johnson, Inc., U.S. District Court, Eastern District of Wisconsin - Represented Zurich in connection with a $100 million claim submitted by S.C. Johnson under a fidelity/employee dishonesty policy. For its claim, S.C. Johnson alleged that its former director of transportation engaged in a systematic practice of receiving bribes and kick-backs from various transportation vendors in exchange for payments for services at above-market rates and other favorable treatment.
• Gary Player and World Services Establishment v. Gary Player Golf.com, Inc., U.S. District Court, Southern District of Florida - Represented world-renowned professional golfer Gary Player in a licensing dispute involving the Gary Player-branded golf clubs. Obtained victory after victory for Mr. Player during the litigation, ultimately culminating in the entry of a permanent injunction against the defendant and a multimillion dollar judgment in Mr. Player's favor.
• Tower Automotive Products Co., Inc v. UNOVA Industrial Automotive Systems, Inc., Kent County Circuit Court, Michigan - Represented a tier-one automotive supplier in a breach of warranty action against an integrator/supplier of a turnkey SUV frame assembly line. Resulted in the integrator/supplier paying a $13,500,000 to settle the case.
• Convergent Group Corporation v. The County of Kent, U.S. District Court, Western District of Michigan - Represented one of Michigan's largest counties in defense of the claims of a Denver-based software company for over $1,500,000 in damages relating to the failed implementation of a customized software program for the county-wide property tax administration system. Settled the case on favorable terms to the county.
• Liberty Mutual Insurance Company v. Gainey Corporation, U.S. District Court, District of Massachusetts - Defended a national trucking company and pursued its counter-claim in a lawsuit filed by the trucking company's insurance carrier claiming that the trucking company was required to post an additional $16,000,000 in letter of credit collateral to secure deductibles. Successfully defended the trucking company and negotiated a settlement of the trucking company's counter-claim that resulted in a reduction in the collateral posted by the trucking company.
• Ricky and Susan Young v. Gainey Transportation Services, Inc., Kent County Circuit Court, Michigan - Represented a national trucking company in defense of a third-party no-fault claim where the plaintiff alleged permanent brain damage and other serious injuries. After a four-week jury trial, resulted in jury verdict far less than plaintiff's $4,000,000 demand.
• Linn Products, Inc. v. Arnold Parker, Inc., d/b/a Walgren Company, Eaton County Circuit Court, Michigan - Defended a manufacturer of metal finishing systems in a high stakes, "bet the company" suit brought by one of the company's former customers for breach of warranty relating to an anodizing system purchased by the former customer. Settled the case for a fraction of the former customer's $7,000,000 damage claim, which allowed the manufacturer to remain in business.
• Independent Bank Corporation, et al. v. Edward M. Walder, et al., Ionia County Circuit Court, Michigan and Cook County Circuit Court, Illinois - Represented a publicly traded Michigan bank in related state court cases in Illinois and Michigan on the bank's multimillion dollar indemnification claim for accounting improprieties, misrepresentations, and breaches of the merger agreement against former shareholders of a Chicago-based company acquired by the bank. Also defended the bank against the former shareholders' claims that the bank failed to pay the required merger consideration. Negotiated a settlement for the bank resulting in the dismissal of the claims of the former shareholders and a $2,800,000 payment to the bank by the former shareholders.
• Sarah Malloy and Michelle Mitchell v. Art Van Furniture, AAA Arbitration, Grand Rapids, Michigan - Represented two former female sales associates of Michigan's largest furniture retailer in sexual harassment actions. Following two separate one-week arbitrations, received compensatory damage awards in both cases and a punitive damage award in one case.
• United Rentals v. Terry Grasman, et al, U.S. District Court, Western District of Michigan - Represented Terry Grasman in an action brought by United Rentals for the alleged breach of the covenant-not-to-compete executed by Mr. Grasman in connection with the sale of his family's heavy-equipment rental business to United Rentals. Also involved causes of action by United Rentals to prevent Mr. Grasman's sons from running a competing business. Negotiated a favorable settlement.