ZVMLaw Scores Win for Comau on Motion for Summary Disposition

On July 14, 2023, ZVMLaw secured a major victory on behalf of its client Comau LLC on a motion for summary disposition to dismiss certain claims brought against it concerning a project to install robotic body welding systems at the FCA Mack Avenue Plant in Detroit.     

In its motion, Comau sought to dismiss claims against Comau arising prior to the date of two settlement agreements that, by their plain terms, released all claims preceding the dates of the agreements.  Finding that “[i]f the language of the contract is clear and unambiguous, it must be enforced as written,” Judge Edward Ewell, Jr. of Wayne County Circuit Court, refused to consider the extrinsic evidence offered by the other parties and agreed with Comau that any claims preceding the agreements—which amount to the majority of the claims asserted against Comau in this long-running dispute—should be barred.  The court also dismissed unjust enrichment, fraudulent inducement, and negligent misrepresentation claims against Comau.  The full decision can be viewed here.   

ZVMLaw serves as co-counsel with McDonald Hopkins LLC on this matter.  ZVMLaw attorneys Zachary V. Moen, Daniel A. Grossman, and Mackenzie C. Burns worked on the motion.