REPRESENTATIVE CASES
Attorney Brooks has assembled an impressive track record of success throughout his professional career. These successes, include the following published opinions concerning cases in which Michael J. Brooks, Esquire has appeared on behalf of clients and are representative of the types of matters the firm handles.
Mason v. LSF9 Master Participation Trust Construction Company
Philadelphia County C.C.P.2017-01749
Practice Area: Post Mortgage
Date: 22 OCTOBER 2018
Outcome: Philadelphia Common Pleas Court denied defendants' motion for summary judgment which resulted in a confidential settlement.
Description: Mason fell behind on his mortgage payments and in accordance with the mortgage agreement between the parties, LSF9, to protect its interest in a $771,078.78 loan on a $999,000 property, protected the value of the Property against lower bids with a $575,000 bid. LSF9 then sought proceeds paid by a third party for taking the Property for $999,000. Attorney Brooks argued the Miscellaneous Proceeds should be applied to the sums secured by the mortgage, with the excess paid to Mason. Attorney Brooks successfully argued to deny Summary Judgment.
Colory Metals Inc. v. Turner Construction Company
Philadelphia County C.C.P.2017-00818
Practice Area: Construction Law - Subcontractor Payment Act
Date: 9 JUNE 2017
Outcome: Philadelphia Common Pleas Court denied defendant's motion for summary judgment which resulted in a confidential settlement.
Description: The Court found as Michael J. Brooks, Esquire 'credibly argues, the amounts for which Colory would be responsible under the terms of the subcontract are those that are specifically enumerated by the contract; such as "clean-up cost" listed under Article XII." Attorney Brooks successfully argued to deny Summary Judgment in Subcontractor Payment Act matter.
McCarthy v. Riddell
2260 EDA 2015
Practice Area: Contracts/Agreements
Date: 29 April 2016
Outcome: Order Dismissing Case Vacated and Remanded.
Description: Attorney Brooks appealed from Order granting the Petition to Open/Strike for untimely appeal and improper venue. Attorney Brooks successfully argued the Trial Court erred in ruling that the underlying appeal from Magistrate District Court to the Court of Common Pleas was untimely, in that the appropriate appeal period is 30 days and not 10 days as decided by the trial court. Attorney Brooks further successfully argued that venue in Bucks County is proper where Defendants waived any challenge to improper venue by failing to file preliminary objections.
http://law.justia.com/cases/pennsylvania/superior-court/2016/2260-eda-2015.html
Graphic Styles v. Mens Wear Creations
Practice Area: Copyright Infringement
Date: 25 JAN 2016
Outcome: Court granted request for entry of default judgment in the amount of $300,000 and $13,006.50 in attorney fees and costs.
Description: Attorney Brooks argued Defendants willfully infringed Plaintiff's copyrights, seeking to recover the statutory maximum award of $150,000 for infringement of each of two Stylebooks. Attorney Brooks sought a total damages award of $300,000. See, http://goo.gl/U2xodV
Gayemen v. School District of City of Allentown
Practice Area: Personal Injury
Date: 22 APR 2015
Outcome: Court denied Defendant's Motion to Dismiss.
Description: Attorney Brooks argued the Plaintiff has alleged a violation of his Fourteenth Amendment substantive due process right pursuant to the "state-created danger" theory of liability, therefore the Motion to Dismiss should be denied. See, http://goo.gl/I1AM1V
Graphic Styles v. RAJA Fashions Bespoke Tailors
Practice Area: Copyright Infringement
Date: 11 SEPT 2014
Outcome: Court granted request for entry of default judgment in the amount of $300,000 and $9,858.00 in attorney fees and costs.
Description: Attorney Brooks argued Defendants willfully infringed Plaintiff's copyrights, seeking to recover the statutory maximum award of $150,000 for infringement of each of two Stylebooks. Attorney Brooks sought a total damages award of $300,000.
See, https://www.paed.uscourts.gov/documents/opinions/14D0758P.pdf
Ackourey v. Noblehouse Custom Tailors
2013 U.S. Dist. LEXIS 163535
Practice Area: International Law
Date: 14 NOV 2013
Outcome: Court granted request to vacate order dismissing case.
Description: Attorney Brooks successfully argued the Hague Service Convention applies to the instant case and permits service of process by postal channels to Defendants in Hong Kong. Service by certified mail, return receipt requested, with proof of service by certified receipt and a letter from Defendants evidencing actual notice were permissible in this case.
FullCircle Intermedia, LLC v. Foster
Bucks County C.C.P. 2013-05811
Practice Area: Sports & Entertainment Law
Date: 10 SEPT 2013
Outcome: Attorney Brooks obtained an emergency injunction naming a new managing member of LLC and having all files and financials turned over to new management.
Description: Sports & Entertainment industry company required immediate resolution of internal management situation for continuity in serving its sport and entertainment clients.
Nakonetschny v. Rezykowski
Practice Area: Business Law/Bankruptcy Court
Date: 19 June 2013
Outcome: Sale Proceeds in the amount of $20,842.25 were converted as a result of the Debtor’s willful and malicious conduct, Plaintiff’s claim in that amount is nondischargeable under §523(a)(6).
Description: Debtor purchased a retail apparel store known as Circles, LLC from the Plaintiff. Debtor signed a promissory note for part of the purchase price. The note was secured by the assets of the business and a confession of judgment. In approximately late 2010 and early 2011, the Debtor conducted a “blow out” sale and closed the business. The Debtor opened a separate account for the proceeds from the blow out sale but later took the money for herself, ostensibly for her own back wages. Attorney Brooks filed a Confessed Judgment in the Bucks County Court of Common Pleas. Shortly thereafter, the Debtor filed for individual chapter 7 bankruptcy relief. Attorney Brooks instituted an adversary proceeding in the Bankruptcy Court against the Debtor requesting a determination that the Debtor’s use of the proceeds from the blow out sale gave rise to a debt for willful and malicious injury that is excepted from discharge under 11 U.S.C. §523(a)(6).
http://www.paeb.uscourts.gov/sites/paeb/files/In%20re%20Rezykowski.pdf
Byrnes v. Klingerman
Bucks County C.C.P. 2008-11305
Practice Area: Contracts/Agreements
Date: 28 June 2010
Outcome: Verdict in favor of Plaintiff
Description: Attorney Brooks represented Plaintiff in a bench trial brought under for RECOVERY OF IMPROPERLY HELD ESCROW FUNDS and BREACH OF CONTRACT.
Caring People, LLC v. Paletz
Bucks County C.C.P. 2007-04543
Practice Area: Business Law
Date: 21 JULY 2009
Outcome: A non-jury trial verdict entered in favor of Attorney Brooks' client in the amount of $10,000.00 in contract damages and $4,173.50 in attorney fees and costs.
Description: Attorney Brooks drafted a $10,000.00 liquidated damages clause and an attorney fees clause for a client. The liquidated damages clause was challenged in court as an unenforceable penalty clause. A non-jury trial verdict was entered in favor of Attorney Brooks' client in the amount of $10,000.00 in contract damages and $4,173.50 in attorney fees and costs.
Graham v. Bond et al.
2004-0765 Bucks County C.C.P.
Practice Area: Medical Malpractice
Date: 9 JUNE 2006
Outcome: Bucks Common Pleas Court granted the motion for partial summary judgment which resulted in a confidential settlement. The Memorandum Opinion is reported in the Bucks County Law Reporter.
Description: Michael J. Brooks, Esquire successfully argued for partial Summary Judgment in medical malpractice case on the issues that expert testimony is not required to establish a breach of duty when it concerns a matter of common knowledge and plaintiff is entitled to summary judgment on the issue of professional liability based on the admissions acquired by Brooks' examination in the deposition testimony of defendant Doctors.
Reeves v. Jenderko
866 A.2d 1115
Practice Area: Personal Injury
Date: 28 DEC 2004
Outcome: Superior Court: Reversal of the trial court's grant of summary judgment.
Description: Michael J. Brooks, Esquire, who represented the Plaintiff only in the appeal, successfully argued that the trial court abused its discretion by entering summary judgment with regard to Plaintiff's negligence claim. See, http://caselaw.findlaw.com/pa-superior-court/1436754.html
Parcell v. Sohum, Inc.
832 A.2d 551
Practice Area: Personal Injury
Date: 16 JULY 2003
Outcome: Reversed and Remanded.
Description: The Lower court found after a jury trial that plaintiffs were not entitled to joint and several judgment against all defendants, instead of allocating the amount of the total verdict each defendant was liable to pay. Attorney Brooks appealed seeking to hold all defendants jointly and severally liable. On appeal, the Superior Court held the single harm could not be apportioned, and thus the defendants are jointly and severally liable to the plaintiff.
Souderton Area School District v. Souderton Charter School Collaborative
764 A.2d 688
Practice Area: Education
Date: 29 DEC 2000
Outcome: Commonwealth Court affirmed the Charter School Appeal Board's Decision granting the Charter
Description: Michael J. Brooks, Esquire represented the Souderton Charter School in a case involving the interpretation and application of the Charter School Law (CSL), where the Souderton Area School District (School District) appealed an order of the State Charter School Appeal Board (CAB) that: (1) reversed the decision of the School District's Board of School Directors (District Board) to deny Souderton Charter School Collaborative's (Collaborative) charter school application; (2) directed the District Board to grant Collaborative's charter school application and sign Collaborative's charter; and (3) denied the School District's Motion to Dismiss.