Amy M. Johnston

Amy has extensive experience in a variety of accounting, commercial, energy, environmental, product liability, and utility disputes, including class action litigation as noted below

Banking

Successfully defended lenders against allegations of fraud, UCC violations, breach of contract and conspiracy theories.

Successfully defended Special Servicer in Certificateholders' action alleging breaches of Master Pooling and Servicing Agreement.

Represented lenders in commercial foreclosure actions in Michigan and Ohio.

Managed portfolio of foreclosure actions in Illinois.

Business Disputes

Automobile Manufacturer Supplier Litigation

Secured multiple preliminary injunctions and/or favorable settlements for large automotive manufacturer against suppliers arising out of disputes on pricing, purchase order terms and conditions, disruption costs and sub-supplier delays. 

Biotechnology Drug Company Commercial Litigation

Obtained summary judgment for biotechnology drug company in defense to breach of contract and breach of shareholder agreements.

Biotechnology Company Shareholder Litigation

Successfully defended biotechnology company in shareholder derivative action, involving allegations of Securities Act violations, breaches of fiduciary duty and loyalty, and unjust enrichment.

Commercial and Noncompete Litigation

Represented multiple closely held corporations in unfair trade practices, pricing and covenants not to compete disputes in courts in New York and Michigan.

Franchisor Commercial Litigation

Successfully secured dismissal of challenges to revised terms in franchisor's renewal agreements brought by franchisees in federal court.

General Shareholder Litigation

Represented many small and mid-sized corporations in minority shareholder oppression, share dilution and derivative actions.

Manufacturer Commercial Litigation

Defended local manufacturing company and obtained summary judgment in case concerning corporate dissolution and allegations of breaches of various contracts and shareholder agreements, fiduciary duties and bad faith.

Private Corporation Shareholder Litigation

Successfully defended closely held corporation in minority shareholder oppression, breach of fiduciary duty and breach of contract case, resulting in an ability to commence a counter-suit and obtain a large monetary award for the client.

Trademark Disputes/Anti-Counterfeiting

In separately litigated matters, Amy has secured preliminary injunctions in various federal and state courts for trademark violations under the Lanham Act for cross-hauling, misbranding and other related trademark issues.  Amy regularly represents companies experiencing trademark infringement, including but not limited to counterfeiting and/or misbranding of consumer products.

Class Action

Automotive Company Class Action Litigation

Successfully defended one of the “Big 3” automotive manufacturers in multiple litigations concerning faulty products.

Environmental Contamination/Emissions Class Action Litigation

Defended various industries in putative class action cases brought under nuisance and negligence theories from purported industrial emissions.

Environmental Contamination/Oil Company UST Class Action Litigation

Successfully defended major oil company in putative class action involving allegations of underground storage tank leaks and related groundwater contamination. 

Oil Company Class Action Litigation

Represented major oil company in putative class action concerning nuisance and negligence allegations arising from an explosion at a refinery.

Tobacco Company False Branding/Labeling Class Action

Defended large tobacco company in putative class action involving allegations of false branding/labeling.

Construction/Real Estate

Commercial Real Estate Litigation

Represented developers, builders and real estate management companies in commercial lease, land use, partnership, business torts and related environmental issues.

Construction Litigation

Represents one of the world's largest publicly traded engineering, procurement, construction and project management companies in various construction-related disputes involving claims of negligence, misrepresentation, breach of contract, unjust enrichment, improper termination and scheduling issues.

Deed and Use Restriction Enforcement/Injunctive Litigation

Enforced deed and use restrictions for various commercial properties, including gas stations, retail outlets and franchises, concerning brand, product and site limitations in courts in Michigan, Ohio, Indiana, Illinois and Wisconsin.

Oil Company Construction Litigation

Represented large refinery in construction-related claims arising from expansion of the facility.

Oil Development Disputes

Handled oil well development disputes that have included contract negotiation, real estate (title, zoning, easement), trespass, nuisance, adverse possession and development rights.

Energy

Energy Company Royalty Litigation

Obtained dismissal for Michigan's largest public energy company in overriding royalty dispute concerning allegations of breach of fiduciary duty, alter ego, fraudulent drainage and lack of unitization of a gas field.

International Oil and Gas Litigation

Successfully defended major oil companies in complex litigation matters concerning upstream natural gas production involving application of foreign and state laws.

Natural Gas Energy Company Disputes

Represented large natural gas energy company in contract negotiations concerning hot flame, transportation, propane and pricing issues.

Oil and Gas Lease Issues and Litigation

Extensive experience representing investors, financial institutions and development/drilling companies and manufacturers in oil and gas leases, developments, easements, land restrictions/platting, royalties, timber/vegetation and related disputes. Experience ranges from lease negotiation and drafting through litigation. Amy has handled oil and gas lease issues in Michigan and Ohio.

Oil Company Commercial Litigation

Successfully prosecuted multi-million dollar claims of large petroleum company for breach of contract, warehouseman's liability and account stated arising from asphalt storage tank failure.

Oil Pipeline Commercial Litigation

Represented large oil pipeline in prosecuting claims of breach of contract and violations of the Uniform Commercial Code in relation to faulty additives manufactured by defendant.

Petroleum Marketing Practices Act Litigation

On numerous occasions, Amy has represented major refiners and franchisors in all aspects of petroleum marketing-related counseling and litigation, including terminations pursuant to the Petroleum Marketing Practices Act (PMPA) and multi-dealer litigation involving unfair pricing, product shrinkage, assignment and other franchise related issues in courts throughout the United States, including Alabama, Florida, Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Pennsylvania, Tennessee, Texas and Wisconsin. 

Power Purchase Agreement Litigation

Lead counsel in $270 million arbitration representing Michigan's largest public utility in power purchase agreement dispute centered on utility accounting and methodologies, including avoided costs distinctions, capitalization, discount rates, health care and post-employment benefits, FERC Form 1 and MPSC P-521 accounting, PURPA and other regulatory implications.

Utility Dispute Litigation

Successfully represented large utility in multi-million dollar transmission, metering agreement and electric line loss dispute involving interpretation of MISO tariffs and FERC regulations.

Water Filtration Trade Secret Litigation

Represented principal developer of one of Michigan's largest brownfield redevelopments in trade secrets dispute with former contractor relating to water filtration technology.

Environmental

Environmental Contamination/Emissions Class Action Litigation

Defended various industries in putative class action cases brought under nuisance and negligence theories from purported industrial emissions from various chemicals (benzene, carbon monoxide, hydrogen sulfide, methyl ethyl ketone, sulfur dioxide, VOCs).

Environmental Contamination/Groundwater Contamination

Successfully defended major oil company in putative class action involving allegations of underground storage tank leaks and related groundwater contamination.

Defended various industries in differing chemical emissions (PFAS, lead, mercury) against allegations of groundwater contamination.

Successfully represented water treatment facility in connection with injury, commercial and cost recovery claims from waste water disposal and alleged environmental contamination.

Oil Company Class Action Litigation

Represented major oil company in putative class action concerning environmental nuisance and negligence allegations arising from an explosion at a refinery.

Government-Related Product Investigations

International Trade Commission (ITC) and United States Department of Commerce (DOC)

Represented major manufacturer in a DOC and ITC investigation into certain steel wheels supplied from the People's Republic of China with respect to potential anti-dumping (ADD) and countervailing duties (CVD). Matter concerned economic and quality-related factors establishing necessity of certain imports; and providing information for the government’s consideration in determining whether to impose ADD and CVD, and import penalties under the critical circumstances standard.

Represented multiple United States-based and multinational manufacturing companies with international supply chains in tariff and duty challenges imposed under Section 301 of the Trade Act of 1974, one of the principal statutes by which the United States enforces trade agreements and addresses unjustifiable burdens on U.S. commerce.

Amy is licensed to practice before the United States Court of International Trade.

National Highway Safety Traffic Administration (NHTSA)

Represented major vehicle manufacturer and multiple major automotive and recreational vehicle suppliers in connections with regulatory investigations and compliance procedures. Amy has counseled both knowledgeable and novice clients on safety-defect investigations and all aspects of recalls, from inception through execution.

Personal Injury Litigation Defense

Lead trial counsel in a number of personal injury cases involving wrongful death, amputation, scalping and various other injuries brought on theories of negligence, strict liability, nuisance, contractor liability and related claims in cases throughout the United States.

Product Liability Litigation

Trial counsel in a hundreds of product liability cases, including the defense of design, manufacturing, UCC and warning theories. Amy's extensive product liability experience includes, among others:

• Automotive (airbags, brakes, engines, fires, seats, rollover and roof crush)
• Chemicals (PFAS, benzene, methane, lead, VOCs, carbon monoxide, methyl ethyl ketone, sulfur dioxide, hydrogen sulfide)
• Consumer Products (food contamination, household products, tobacco and tools)
• Industrial Equipment (storage tanks, pipeline, hi-lo, vertical broaching machine, lifts)
• Oil and Gas
• Tires and Wheels (over-inflation, under-inflation, tread defects, structural wheel challenges)

Trademark Disputes/Anti-Counterfeiting

In separately litigated matters, Amy has secured preliminary injunctions in various federal and state courts for trademark violations under the Lanham Act for cross-hauling, misbranding and other related trademark issues.  Amy regularly represents companies experiencing trademark infringement, including but not limited to counterfeiting and/or misbranding of consumer products.

Amy frequently presents on trial practice and procedure, and business and personal injury litigation issues. She has been a speaker and moderator at various State Bar of Michigan, Ohio Bar Association and American Bar Association conferences. She also provides private presentations to large and small businesses on litigation considerations, including risk management, litigation avoidance, evidence preservation and alternative dispute resolution.