Brad A. Danek

Partner

• Location: Birmingham, Michigan
• Phone: 248-971-1725
• Fax: 248-971-1801
• Email: Danek@BWST-Law.com

Brad A. Danek focuses his practice on trial and appellate court advocacy on behalf of corporations and medical non-profit organizations in high risk, complex commercial, business, construction and motor carrier disputes.

He has extensive commercial litigation experience in state and federal trial courts in Michigan, Ohio, Illinois, New Jersey, California, Indiana, Washington, Wisconsin and Alabama.

Separately, Mr. Danek counsels a wide range of employers in workplace health and safety regulations imposed by the Michigan and Federal Occupational Safety and Health Administrations (MIOSHA and OSHA). He also defends corporate clients with workplace accident-related regulatory citations, including all stages of an OSHA appeal, abatement and trial in the Administrative Hearing System.

Prior to joining Brooks Wilkins Sharkey & Turco, Mr. Danek was a litigation associate at Vandeveer Garzia, P.C. focusing on insurance defense, commercial disputes, product liability defense and insurance coverage.

Mr. Danek was recognized as a Top Rated Business Litigation Attorney by Super Lawyers in 2020-2021 and a “Rising Star” in Michigan Super Lawyers from 2013-2018.

Recent Experience Includes:

• Won summary judgment in $33 million supply chain disruption claim filed by OEM against Tier 1 client, Mercedes-Benz, US Intl Inc v Inteva Products LLC, United States District Court, N.D. Alabama (October 2023)
• Negotiated favorable $1 million settlement during litigation in favor of Tier 1 client from Tier 2 and its insurers, for supply of defective automotive components, United States District Court, N.D. of Ohio (2023)
• Won $1.7 million verdict for aluminum wheel supplier in licensing dispute, KIC, LLC v. Zhejiang Dicastal Hongxin Tech. Co., United States District Court, W.D. of Washington (2022)
• Negotiated favorable $9 million settlement during litigation for assembly line design and manufacturer, involving dispute over EV battery assembly line performance, Oakland County Circuit Court (2022)
• Negotiated favorable $4.3 million pre-suit settlement for Tier 2 client, involving an alleged breach of automotive requirements contract (2021)
• Negotiated favorable MIOSHA citation reductions from serious to non-serious for Tier 1 automotive supplier, during Administrative Appeal Hearing in Michigan (2021)
• Won over $650,000 arbitration award in favor of automotive supplier dispute involving recall costs for defective component parts, American Arbitration Association (2021)
• Obtained $400,000 settlement for corporate client from insurer following theft by computer hacker, January 2021
• Successfully negotiated settlements in five lawsuits for national restaurant chain, 2021
• Received summary disposition for defendant in personal injury lawsuit involving airline services, Mary Dunbar v Spirit Airlines, et. al., Wayne County Circuit Court, October 2020
• Obtained dismissal of four serious Indiana OSHA citations for Tier 1 automotive supplier following hydraulic press amputation, 2020
• Obtained $2.5 million settlement for multi-national cement producer in defective equipment claim, American Arbitration Association, February 2019
• Obtained dismissal for Chinese manufacturer in wrongful death suit, McKee v Providence, Wayne County Circuit Court, Detroit, MI, April 2018
• Obtained dismissal of 3 serious Illinois OSHA citations for Tier 1 automotive supplier following amputation on lathe, 2018
• Appealed Federal OSHA Citations in Illinois for alleged corporate exposure to Blood Borne Pathogens and negotiated settlement for dismissal of serious Citation, 2017
• Appealed MIOSHA Citations on behalf of manufacturing client and obtained settlement with dismissal of six serious Citations, 2017
• Obtained voluntary dismissal for manufacturing defendant in sales representative claim, Oakland County Circuit Court, 2017
• Obtained summary judgment for corporate client in asbestos claim by former employee, New Jersey state court, 2017
• Obtained voluntary dismissal for corporate client in asbestos claim for product exposure, California state court, 2017
• Appealed MIOSHA Citations following fatality and obtained favorable settlement with reduced citations, 2017
• Obtained summary disposition for physician in medical malpractice claim, Oakland County Circuit Court, 2016
• Obtained favorable case evaluation award for defendant of less than 10% on a $1.2M personal guarantee claim, Washtenaw County Circuit Court, 2015
• Obtained summary disposition for defendant in business defamation claim, Oakland County Circuit Court, 2015
• Obtained nuisance value award of $5,000 at case evaluation of personal injury claim for corporate defendant, Wayne County Circuit Court, 2015
• Obtained $1.7M award for supplier through summary judgement.  A. Raymond Tinnerman Mfg., Inc. v. TecStar Mfg. Co., ___ F. Supp. 2d ___ (E.D. Wis. 2013)
• Obtained summary disposition for defendant in slip and fall premises liability claim, Warchol v Sonic Plymouth Cadillac, Wayne County Circuit Court, 2013
• Obtained $234,000 in pre-suit settlement for automotive supplier, 2012
• Obtained “no cause” verdict as part of defense team during four-week construction site injury jury trial, Edington v Union Square Development, Kent County Circuit Court, 2010
• Obtained summary disposition for defendant in slip and fall premises liability claim, Billiau v Grand Rapids Building Services, Macomb County Circuit Court, 2010
• Obtained summary judgment for product distributor in insurance declaratory judgment action, in the United States District Court for the Eastern District of Michigan, 2010
• Obtained summary disposition for corporate defendant in negligence action, Zelinski v Acho, Macomb County Circuit Court, 2009. Drafted appeal briefs and successfully argued in Court of Appeals, which upheld the trial court’s decision
• Obtained “no cause” jury verdict as part of defense team during six-week jury trial in wrongful death trucking accident, Estate of Palmatier v Bell Warehousing, Inc, Genesee County Circuit Court, 2009
• Worked on defense team during trademark and copyright jury trial in the United States District Court for the Eastern District of Michigan

Speaking Engagements

• “Promoting Safety in a Positive Way – OSHA Regulations,” Forging Industry Association, Schaumburg, IL, March 2023
• “What to expect in a career in commercial litigation,” University of Detroit Mercy School of Law, Detroit, Michigan, November 2020
• “OSHA During Covid-19; What you need to know,” Precision Metalforming Association, Webinar, September 2020
• “Trade Secrets-Fraud Detection,” National Association of Construction Auditors, 2019 Annual Conference, Las Vegas, Nevada, September 2019

Education, Professional Associations and Awards

• University of Detroit Mercy Law School, Detroit, Michigan(J.D., 2008)
• Albion College (B.A. in Honors Economics, magna cum laude, 2005)
• Macquarie University, Sydney, Australia (2004)
• Michigan Bar Association
• Insurance and Indemnity Section
• Oakland County Bar Association
• American Bar Association
• ABA Litigation Committee
• ABA Tort and Insurance Practice Committee
• Centennial Chapter of the American Inns of Court
• 2015 President’s Award from client for assistance with employee fatality
• Rising Star in Business Litigation, Michigan Super Lawyers, 2013-2018
• Top Rated Business Litigation Attorney, Michigan Super Lawyers, 2020-2021

Bar Admissions

• Michigan, 2008
• U.S. District Court Eastern District of Michigan
• U.S. District Court Northern District of Indiana
• U.S. District Court Eastern District of Wisconsin
• U.S. Court of Appeals, 6th Circuit

Areas of Practice

• Commercial and Business Litigation
• Automotive supply chain counseling and negotiation and drafting terms and conditions of sale and purchase
• Negotiation and drafting terms and conditions of sales representative agreements