Stephen M. Ragatzki

§1983 Litigation

Represented the Wineries of the Old Mission Peninsula Association and 11 wineries in a lawsuit against Peninsula Township. Michigan.  The district court concluded that Peninsula Township’s zoning ordinance violated the First Amendment, the Due Process Clause, and the Dormant Commerce Clause and that it was preempted by the Michigan Liquor Control Code.

Breach of Contract Litigation

Successfully enforced a non-compete agreement against former employees who left a pharmaceutical manufacturer and took documents to new employer.

Successfully represented a financial advisory firm to enforce a non-compete and confidentiality agreement against a former employee. 

Successfully represented a local business to enforce a non-compete agreement against a former employee.  Matter resulted in a preliminary injunction and a money judgment against the former employee. 

Successfully represented a local manufacturing company in a breach of contract claim against a parts manufacturer.  Representation resulted in a $239,000 judgment against the parts manufacturer.

Construction Litigation

Successfully defended a homeowner against claims made by a contractor.  Settlement resulted in a dismissal of all claims against the client, lien removed from homeowner’s residence, and no damages owed.

Successfully defended a California subcontractor and its employee in federal court against breach of contract and conversion claims by a Michigan general contractor.  The claims were dismissed for lack of personal jurisdiction, lack of subject matter jurisdiction, and failure to state a claim.  Lee Contracting, Inc. v. Shore W. Mfg., No. 1:19-CV-831, 2020 WL 6193628, at *1 (W.D. Mich. Oct. 22, 2020).

Represented homeowners against their general contractor for claims for breach of contract and conversion.  Successful settlement for homeowners after general contract admitted under oath to falsifying sworn statements.

Represented a business owner against its general contractor, resulting in successful settlement for business owner.

Tort Defense

Successfully defended gas station and received summary judgment of trip and fall claim on elevated sidewalk.  Sherman v. Speedway LLC, No. 1:21-CV-63, 2022 WL 22248553 (W.D. Mich. July 28, 2022).  Sixth Circuit Court of Appeals affirmed the grant of summary judgment. Sherman v. Speedway, LLC, No. 22-1545, 2023 WL 2870721 (6th Cir. Apr. 10, 2023).

Successfully defended gas station and received full dismissal of slip and fall claim on snow and ice.  Lewis v. Speedway LLC, No. 1:20-CV-1166, 2021 WL 6932967 (W.D. Mich. Dec. 1, 2021).

Defended utility company after natural gas fire destroyed a historic building.  Following discovery that showed holes in the plaintiff’s theory of causation for the fire, the parties reached a successful settlement for the utility company.

Defended utility company after natural gas exploded inside a residence.  Following discovery, the parties reached a successful settlement for the utility company.

Administrative Challenges

Represented large chemical manufacturer challenging chemical-limit standards set by state agency.  Michigan Court of Claims and Court of Appeals ruled to invalidate the standards because the state agency failed to follow the Administrative Procedures Act.