Attorneys and Counselors


Attorneys

Patrick McLain


   

T: 313-961-0200

F: 313-961-0388

Patrick McLain is a Member of Kerr Russell and Weber, PLC.  Mr. McLain has a varied litigation practice concentrated in the areas of commercial and medical malpractice litigation, as well as professional responsibility and licensing defense.  An experienced trial lawyer, Mr. McLain is an Advocate of the American Board of Trial Advocates, a member of the International Association of Defense Counsel, Association of Defense Trial Counsel, Michigan Defense Trial Counsel, State Bar of Michigan Negligence Section and Employment Law Section, American Bar Association Tort and Insurance Practice Section and Employment Law Section and the Metropolitan Detroit Bar Association. He represents Michigan's 3rdJudicial Circuit on the State Bar of Michigan Representative Assembly. He participates as a member of a hearing panel for the Michigan Attorney Grievance Commission, which hears accusations of wrongdoing against Michigan lawyers.  He is listed as a Michigan Super Lawyer.

 Recent successes include:

 

  • Successful defense of a European M&A lawyer charged with contempt after conveying corporate shares abroad as trustee notwithstanding a US injunction prohibiting such action; M&C v Erwin Behr GmbH & Co, KG; ED MI No. 91-74110, docket 794, February 18, 2011 and docket 811, August 31, 2011.
  • Recovering seven figures in liquidated damages for breach of a restrictive covenant not to compete in the sale of a dental practice, pursuant to arbitration award and judicial enforcement proceeding. Kulongowski v Brower, Michigan Court of Appeals No. 293996 (November 9, 2010), lv den 489 Mich 898 (2011).
  • Obtaining permanent injunctions restraining the unauthorized practice of dentistry; Michigan Dental Association v Douglas Sowkin, d/b/a Accent Denture Care, Livingston County Circuit CourtNo. 11-25821-CZ(June 30, 2011); Michigan Dental Association v Everett van den Eeden, d/b/a Smile-Rite Denture Center, Oakland County Circuit Court No. 08-094849-CZ (November 13, 2008).
  • Recovering damages incurred during shipment of goods in interstate commerce under applicable provisions of the Carmack Amendment, pursuant to jury verdict; Mitchel Osman v International Freight Logistics, Ltd, ED MI No. 08-11767   (June 25, 2009).
  • Obtaining specific performance of a provision in an executive employment contract mandating receipt of an Audi R8 automobile; Lawrence A Denton v Dura Automotive Systems, Inc., Oakland County Circuit Court No. 09-100768-CK (June 9, 2009).
  • Obtaining summary judgment on proximate cause grounds in a suicide wrongful death medical malpractice action; Estate of Teal v Manish Prasad, MD, et al, 283 Mich App 384 (2009).
  • Obtaining injunctive relief enforcing restrictive covenants in the employment contract of a former manufacturer's representative; Zimmer, Inc. and Zimmer Spine, Inc. v Pamela Albring, No. 2:08-cv-12484 (ED MI, 2008).
  • Obtaining injunctive relief enforcing non-competition restraints in an executive employment contract; Specialty Vehicle Acquisition Corp. v Trostle, Wayne County Circuit Court No. 07-728675-CK (2007).

 Mr. McLain has tried cases to jury verdict in all nearby state and federal courts, and has argued cases before the Michigan Court of Appeals, United States Court of Appeals for the Federal Circuit, and United States Court of Appeals for the Sixth Circuit.   He is admitted to practice before the United States Supreme Court.  Mr. McLain is an editor of "Michigan Law of Damages and Other Remedies," published by the Institute of Continuing Legal Education at the University of Michigan 2002-55-2310.  He has authored numerous articles and lectured in the area of business and professional liability litigation.

 Mr. McLain is a graduate of the University of Michigan (AB, English Language and Literature) and the University of Michigan Law School.