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www.crainsdetroit.com Vol. 29, No. 8 FEBRUARY 25 – MARCH 3, 2013 $2 a copy; $59 a year
©Entire contents copyright 2013 by Crain Communications Inc. All rights reserved Page 3 Compuware Belle Tire on a roll with Detroit prepares for remodeling stores takeover try Art Van not lounging asks: Where’s around EM; Snyder mulls pick when it comes to board’s IT IQ? City can expect an 18-24 month stint expanding BY TOM HENDERSON CRAIN’S DETROIT BUSINESS BY KIRK PINHO In an interview with Crain’s Detroit Business CRAIN’S DETROIT BUSINESS last week, Snyder said he has a short list of emer- State ready to roll the dice Whether Elliott Management Corp. gency manager candidates and his administration decides to make a better offer for Com- Wanted: A seasoned turnaround expert who can is considering candidates from across the U.S. But on Internet lottery puware Corp., it likely will ask for a lead the city of Detroit through tough decisions he wouldn’t speculate on how many there are or shake-up of the company’s board of needed to fix its balance sheet. where they are from. directors, based on its past proxy bat- Experts believe an emergency manager in the The Financial Review Team on Tuesday said the Inside tles with other publicly traded infor- city is all but certain; Snyder said Thursday he will city has “no satisfactory plan” to address its finan- mation technology companies. take at least another week to make a decision on cial problems, although Mayor Dave Bing respond- Barring, that is, Compuware’s sale whether he agrees with the Financial Review Team’s ed Wednesday by saying that while the city has a Newsmaker to another suitor. conclusion that the city is in a financial emer- plan agreed to by the state and Detroit Financial Advi- On Thursday, Reuters reported that gency. sory Board, significant roadblocks exist to its full winner Compuware (Nasdaq: CPWR) has But whoever gets the job will have an enormous implementation. Schlichting held prelimi- task as he or she tackles a cumulative cash deficit Those include a restrictive city charter, law- HUNGRY nary talks with of $100 million by June 30, a $327 million general suits, and “a scarcity of financial and human re- tells why New York City- fund deficit in fiscal year 2012, and more than $14 INVESTORS based Blackstone billion in debt. See Snyder, Page 19 health Group LP and Lear Corp., others Fort Worth, system is also battling activist investors, Texas-based TPG finding Page 20 Capital LP. In a EM FAQS release dated success in the city. Page 7 Jan. 25, Com- puware said it Can the city reject an would entertain other offers. Capitol Briefings: State’s When New York-based Elliott appointment? What bumpiest road is on the launched its $2.3 billion offer to buy Compuware and take it private in De- powers does an EM route to repairs. cember, Jesse Cohn, a portfolio man- have? What about Page 9 ager for the hedge fund, said Com- puware’s independent board labor contracts? members lacked technology back- This Just In grounds and seemed chosen more for being high-profile members of the See Page 19 Lakeshore Express Aviation community than for having an ability to provide expert advice. adds local flights NATHAN SKID See Compuware, Page 21 Lakeshore Express Aviation is adding service between Chicago’s Midway Airport and Oakland County International Airport in Waterford Town- ship. Service begins June 6 and Price-fixing probe may widen; suppliers uneasy will operate Thursday-Sun- day. Tickets cost $109 each BY CHAD HALCOM wider. Group and NTN Corp., were previously in- way, said Luke Dixon, vice CRAIN’S DETROIT BUSINESS Earlier this month, Tokyo-based bear- dicted by the Tokyo District Public Pros- president of technology for ings and electric power steering compo- ecutor’s Office last June, following a Lakeshore. Over the past two years, more than nents supplier NSK Ltd. reported in a price-fixing investigation by Japan Fair The carrier will use a two- $800 million in judgments against indi- public disclosure that its U.S. sub- Trade Commission. jet fleet – a pair of Saab viduals and companies have been sidiary, NSK Americas Inc. in Ann Arbor, NSK Americas President Bernard 340B’s with 30 seats. reached related to automotive supplier has received a subpoena from Justice re- Lindsay and Vice President of Finance Lakeshore currently offers price-fixing, but for four months the U.S. questing information on its sales of bear- Brian Parsons did not return phone calls service between Midway and IG CASES B Department of Justice has been fairly qui- ings. seeking comment last week, but a com- the Pellston Regional Airport. Hot flap over et about its ongoing investigation. The company’s Singapore subsidiary pany statement said NSK is cooperating More information is avail- homeowners Still, officials and investigated compa- also underwent an unannounced inspec- in the investigations. able at www.lakeshoreex- insurance and nies have dropped new hints that the tion Feb. 6 from that country’s Competi- “Financial losses … may occur in the press.com. other top verdicts government’s work in Detroit isn’t over tion Commission. NSK, along with bear- — Ryan Felton of 2012, Page 11 — and the investigation may be getting ings market competitors Nachi-Fujikoshi See Price fixing, Page 18
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MICHIGAN BRIEFS Mich. firm accused of honey up nearly 40 percent from 2011. Ⅲ Priority Health’s chief medical of- laundering with China imports Magna brings new life to ECD plant in Battle Creek ficer for the past 20 years, Jim There’s more to this story than Byrne, will retire in July, the Grand A never-occupied plant in Battle Creek that was incentives from the federal, state and county gov- the fact that a headline writer Rapids Business Journal reported. built by now-bankrupt United Solar Ovonic LLC has a ernments. Magna received a $1.6 million perfor- could have untold amounts of fun Ⅲ The Grand Valley State University new owner. mance-based Michigan Business Development with bee-related puns. Last week, board of trustees has approved $18.7 Cosma Castings Michigan, a subsidiary of Canadian grant from the Michigan Strategic Fund. The city of the feds accused a honey process- million in renovations and addi- auto supplier Magna International Inc., purchased the Battle Creek provided a 50 percent real property tax ing plant south of Jackson of help- tions to the main Allendale campus. plant and plans to bring 572 jobs with an investment abatement and 100 percent personal property tax ing pollinate the smuggling and Ⅲ Lansing-based Demmer Corp. of $162 million, MiBiz reported. abatement, both for 12 years. mislabeling of honey from China. has laid off about 90 employees, When the parent of United Solar Ovonic, Auburn Signature Associates Inc. represented the buyer and Also charged were another proces- citing reasons that include a loss Hills-based Energy Conversion Devices Inc., built the the seller. The plant had been for sale for $5.6 mil- sor and five individuals. of defense-related programs, plant in 2008, it received about $120 million worth of lion, but the purchase price was not disclosed. The group allegedly mislabeled WLNS-TV reported. It’s the fourth Chinese-origin honey in an at- round of layoffs at Demmer in re- cent years. tempt to skirt more than $180 mil- returned the verdict after deliber- cials said three companies had in the manufacturing and sale of Ⅲ lion in anti-dumping duties, ating for parts of two days, filed tax liens against the Holland the compressors, which in turn What is Michigan’s most pop- Bloomberg News reported. The Bloomberg News reported. The tri- plant for more than $250,000 over raised prices for consumers. ular tourist attraction? According charges from the investigation al before Judge John Lungstrum of work not paid for, WOOD-TV in Ⅲ The Experience Grand Rapids to a story in Bridge Magazine (yes, you could say it was a sting), U.S. District Court began Jan. 23. Grand Rapids reported. At the visitors bureau said hotel revenue about the “Pure Michigan effect,” called “Project Honeygate,” led to The case started in 2005 with al- Michigan Economic Development in Kent County totaled more than it’s Frankenmuth, with 3 million two of the nation’s largest honey legations that Dow plotted with Corp., officials told MLive.com $127 million last year, up 11 per- visitors annually. Good news, un- suppliers — Texas-based Honey BASF SE, Huntsman International LLC that they had not paid any of the cent from the previous record high less you’re a chicken. Holding and Onsted-based Groeb and Lyondell Chemical Co. in viola- state tax credits promised to LG set in 2011, the Grand Rapids Busi- Find business news from Farms Inc. — entering into deferred tion of federal law. Only Dow did- Chem. The battery maker was or- ness Journal reported. The in- around the state at crainsdetroit prosecution agreements and pay- n’t settle. At the heart of the suit dered to refund $842,000 of its $151 crease is higher than the 7.7 per- .com/crainsmichiganbusiness. ing $1 million and $2 million in were urethane-based products million federal stimulus grant cent average gain in the state and Sign up for Crain's Michigan fines, respectively. used in the automotive, construc- last week after it was reported the 7.3 percent increase nation- Business e-newsletter at crains tion, appliance and furniture in- that it was paying workers to do wide. Conventions brought 243,491 detroit.com/emailsignup. dustries. just about everything except attendees to Grand Rapids in 2012, Jury: Dow Chemical must pay Dow is “evaluating all of our op- make batteries because demand $400M for fixing urethane prices tions, including appeal,” Rebecca was nonexistent. Bentley, a company spokeswoman, Ⅲ General Electric Co. has sued CORRECTIONS Midland-based Dow Chemical Co. wrote in an email. Whirlpool Corp., accusing the Ben- conspired with other companies to ton Harbor-based home appliance Ⅲ Because of a data sorting error, the list of largest office leases in 2012 fix urethane product prices and maker of conspiring to fix prices that appeared on Page 16 of the Feb. 18 issue omitted many of the must pay buyers of those products MICH-CELLANEOUS largest leases. A correct list appears on Page 9. for refrigerant compressors. Ⅲ more than $400 million in damages, Ⅲ Batteries continued to be Bloomberg News reported that GE SAE Detroit Section was incorrectly identified under its former name a federal jury ruled last week. battered last week at LG Chem claims that Whirlpool and other of the Society of Automotive Engineers in a Calendar item in the Feb. 18 The jury in Kansas City, Kan., Michigan Inc. Allegan County offi- defendants restrained competition edition.
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February 25, 2013 CRAIN’S DETROIT BUSINESS Page 3
Inside Art Van: Chicago is our kind of town Tigers success gives Fox Sports clout with raising ad Firm targets Illinois stores, Michigan growth rates, Page 4 Lear just one of case of BY SHERRI WELCH Kim Yost told Crain’s late last of the Chicago-area stores, citing CRAIN’S DETROIT BUSINESS week. The stores will open in competitive reasons, but Crain’s investors sparring with Batavia, Bolingbrook, Orland Park, Chicago Business reported in Sep- Art Van Furniture Inc. is poised to Ford City and Lincoln Park, Ill., tember that the company had hired company execs over board enter the country’s third-largest and Merrillville, Ind. local real estate brokers to look for market for furniture and mattress Yost declined to say which sub- 60,000-square-foot sites. strategy, Page 20 sales: Chicago. urb it has purchased property in, To supply inventory to the new At the same time, the Warren- what it paid or who the seller was, stores, Art Van has leased an based company is making moves citing competitive reasons. 180,000-square-foot warehouse in to expand in Michigan, with fran- “We haven’t found a location in Bolingbrook that will work in tan- chise agreements for new markets, downtown Chicago that works for dem with its 1 million-square-foot investments in its high-end Scott us — yet,” Yost said. warehouse in Warren. In addition Shuptrine Interiors line and a new The stores are the first of what to its furniture lines, the new Company index appliance business. will be more than a dozen Art Van stores will include Art Van’s affili- These companies have significant mention in this Those efforts follow Art Van’s furniture stores and an equal num- ate companies: Pure Sleep mattress- previously announced expansion week’s Crain’s Detroit Business: DAVID DALTON ber of mattress stores over the es, World of Floors, Art Van Clear- in the Toledo area. Adell Broadcasting ...... 12 CEO Kim Yost says Art Van plans to next three years, the company said ance Centers, Paul’s TV and a new open six stores in the Chicago area Art Van has acquired one prop- in a LinkedIn job description for a segment coming into all Art Van Art Van ...... 3, 20 this year. It also plans to open its first erty and leased five others to open regional training manager in locations: Paul’s Appliances, featur- Associated Food & Petroleum Dealers ...... 3 six stores in the Chicago area be- standalone Scott Shuptrine Interiors Chicago. Behr America ...... 18 store, in Royal Oak, on March 7. tween July and September, CEO Yost declined to disclose the size See Art Van, Page 20 Belle Tire ...... 3 Chrysler Group ...... 14 Compuware ...... 1 Deborah L. Gordon ...... 15 Detroit Tigers ...... 4 State ready Dykema Gossett ...... 17 Flagstar Bancorp ...... 18 Foley & Lardner ...... 18 to gamble on Fox Sports Detroit ...... 4 Gorman’s Furniture ...... 20 Henry Ford Health System ...... 7 Hercules Drawn Steel ...... 13 Internet lottery Inland Waters Pollution Control ...... 12 JGA ...... 19 Retailers worry about KM Eight Mile Group ...... 15 Lakeshore Express Aviation ...... 1 Lear ...... 20 loss of foot traffic Liss, Seder & Andrews ...... 13
Loomis Sayles ...... 20 BY AMY LANE Mantese and Rossman ...... 13 SPECIAL TO CRAIN’S DETROIT BUSINESS Michigan Grocers Association ...... 17 Michigan’s thousands of lottery retailers NSK Americas ...... 1 soon could see a new competitor on their tick- O’Keefe and Associates ...... 19 et-selling turf: iLottery. The Snyder administration plans to launch Plunkett Cooney ...... 19 a new Internet lottery system that would al- Reosti & Sirlin ...... 11 low people in Michigan to play digital ver- Salem Land Associates ...... 15 sions of games like those currently offered at Sommers Schwartz ...... 11 stores — but with smartphones and comput- ARA HAWRANI University of Michigan ...... 15, 20, 21 The Belle Tire store on Southfield Road near 13 Mile in Southfield has been remodeled, with separate pods ers. Wayne State University ...... 21 for customer service, a workstation (rear) and a new showroom configuration. The proposal could change the landscape of Michigan’s 40-year-old lot- Weather Underground ...... 15 tery and, by state projec- Williams, Williams, Rattner & Plunkett ...... 11, 15 tions, pump at least $118 million in profits into the Belle Tire plans to spread its tread state School Aid Fund in iLottery’s first four years BY SHERRI WELCH customer — that’s really the business we’re in.” and deliver an additional CRAIN’S DETROIT BUSINESS Barnes declined to say how much the compa- $361 million over the fol- Department index ny is spending on the renovations and store lowing four years. Belle Tire Distributors Inc. is moving into new BANKRUPTCIES ...... 9 openings. However, some question Michigan markets and renovating its 85 stores BUSINESS DIARY ...... 16 Belle Tire ranked No. 11 on whether iLottery would be to improve customer service and gain market a list of the largest indepen- competition, or complemen- Arabo CALENDAR ...... 10 share. dent tire retailers in the U.S. tary, to Michigan’s nearly 11,000 lottery retail- CAPITOL BRIEFINGS...... 9 The Allen Park-based tire retailer opened as compiled by Tire ers. CLASSIFIED ADS ...... 17 five stores last year and plans to open five more Business, a sister publication Auday Arabo, president and CEO of the this year — beginning with one in the aptly JOB FRONT ...... 16 of Crain’s Detroit Business. West Bloomfield Township-based Associated named Belleville, set to open in early April. KEITH CRAIN...... 8 The ranking was based on Food & Petroleum Dealers, said he has discussed By the end of the year, four other Belle Tire LETTERS...... 8 the number of retail stores iLottery concerns with Lottery Commissioner locations are scheduled to open in Lapeer, operated. M. Scott Bowen and other lottery officials. OPINION ...... 8 Grand Blanc, Port Huron and the Grand Rapids Belle Tire ranked No. 15 “They say you won’t lose your regular play- OTHER VOICES ...... 8 suburb of Greenville, creating about 125 jobs. in terms of revenue, with es- er” and that iLottery will attract a “younger, “We’ve always said if you’re not growing, Barnes PEOPLE ...... 16 timated 2011 replacement- hipper-type demographic,” Arabo said. But you’re dying,” said Don Barnes III, vice presi- RUMBLINGS ...... 22 tire sales of $250 million. The list includes big- he’s not convinced. dent-retail operations for Belle Tire. WEEK ON THE WEB ...... 22 box retailers that provide tire replacement. “From a retail standpoint … every cus- “We’re investing in the renovations because we want to deliver a better experience for our See Belle Tire, Page 19 See Lottery, Page 17
Business events Getting to work THIS WEEK @ During any given week, useful events tailored to business People on the move, job postings and other are held throughout the region. See what’s happening at career information can be found at Crain’s Job WWW.CRAINSDETROIT.COM crainsdetroit.com/section/events. Front at crainsdetroit.com/jobfront. 20130225-NEWS--0004-NAT-CCI-CD_-- 2/22/2013 4:56 PM Page 1
Page 4 CRAIN’S DETROIT BUSINESS February 25, 2013 As Tigers roar on field, Fox Sports wields clout with TV ad rate hikes BY BILL SHEA CRAIN’S DETROIT BUSINESS Tigers raise ticket prices for most seats Fans watched the American The Detroit Tigers were the 2012 circle. Last year, the cheapest 81- League champion Detroit Tigers in American League champions and game plan was $1,053 for a bleach- record numbers last season on Fox have a franchise-record $148.2 mil- er seat and the most expensive Sports Detroit, and the regional ca- lion in player salaries this season, was $5,751 for spots near the on- ble network is capitalizing on that and that’s having a predictable re- deck circles. thirst this year with double-digit sult: Price increases for tickets, The team also acknowledged advertising rate increases. suites and sponsorships. without disclosing details that it’s “We’re asking for it, and getting The middle-market team, try- also charging more for suites and very large rate increases,” said Greg ing to repeat as American League new corporate sponsorship deals. Hammaren, the Southfield-based champions with a big-market The cost of food, beverages and network’s senior vice president. “I payroll, has increased single- merchandise are set by the haven’t seen this sort of year-over- game and season ticket prices for Tigers’ concessions and retail year rate increase in my career. all but a handful of seats at Com- provider, Buffalo, N.Y.-based There is tremendous demand in erica Park for 2013. A small num- Sportservice. every (advertising) category.” ber of the seats at the top of the The Tigers, who draw much of In some cases, such as for new ballpark have been reduced. their revenue from broadcast advertisers, FSD is charging up to Gone is the $5 ticket that was rights deals rather than tickets, 25 percent more for a 30-second billed for the past several years as attracted more than 3 million spot than it did a year ago, accord- a cheap way for cost-conscious fans last season, ninth-best in ing to a person familiar with the families to enjoy games. The baseball in 2012 and the third-best rates who spoke on the condition cheapest seat is now $12. attendance in team history. The of anonymity. New this year is a three-tiered all-time Tigers attendance record Television industry metrics pricing system for value, regular was 3.2 million in 2008. show a new advertiser would be and premium games, which are The team won’t have a handle charged a base rate of $610 per dictated by the popularity of the on season ticket sales until closer Changing the odds household rating point in the De- opponent and time of the season. to Opening Day in April. Last troit market for a 30-second spot in The least-expensive full-season year, it sold 22,000 full-season the evening time slot when Tigers ticket plan is $1,041 for an Upper tickets, up from slightly more in our clients’ favor games typically are broadcast. Reserved seat, while the priciest than 15,000 in 2011. Based on FSD’s 9.8 rating for is $6,051 for one near the on-deck — Bill Shea Tigers games last season, the charge would be $5,978 for an adver- a product of a three-fold equation: Fans tend not to DVR sporting tiser. Because FSD reaches a wide distribution of the telecasts, events nearly as much because statewide audience, that figure in the quality of Fox’s production of they want to see the games live and many cases is a bit more expensive. the games and the team’s on-field thus are exposed to commercials. Bulk and longtime advertisers performance. “While the rate increase might typically negotiate discounts that The last element is the only one look steep, as we’ve seen with drive down that cost, Hammaren out of the network’s control, but it nearly all sports programming, said. He declined to discuss finan- hasn’t been an issue. The team has live events are really the last bas- cial specifics. invested in elite players and ap- tion for advertisers where they FSD has about 150 advertisers peared in two World Series since have a captive audience,” said for the Tigers’ season, Hammaren 2006, including last season against Maury Brown, president of the said. He was unable to say how the San Francisco Giants. Portland, Ore.-based Business of many are new for 2013. That has fans tuning in. Sports Network, which includes a
Securities fraud and shareholder rights The network will broadcast 152 “When all three of those things website devoted to the business Automotive supplier disputes Shareholder and partnership disputes of the team’s 162 regular-season are working well, you get big rat- side of baseball. Commercial and business lawsuits Family law and probate litigation games this year, with the remain- ings. The Tigers are certainly do- “Given the performance of the der airing on national channels. ing their part. The on-field prod- Tigers — both on the field and in FSD has sold 80 percent of its ad- uct is just tremendous,” television ratings — it should 248-841-2200 vertising inventory for the season Hammaren said. come as no surprise.” millerlawpc.com at this point, which puts the net- The network has done its part Regional sports networks typi- work slightly ahead of last year, on audience reach: There are few- cally make the bulk of their rev- Hammaren said. er than 2,000 households out of the enue not from advertising but “We could be sold out today. We 3.2 million in Michigan that don’t from the fees they charge broad- choose not to be,” he said. That’s have Fox Sports Detroit, he said. casters to carry the live games. because the network wants to save Hammaren said the network has In the case of Fox Sports Detroit, air time for advertisers who want deals with “hundreds of cable that fee was $2.86 per average sub- to be only in the second half of the providers” across the state. “For scriber per month in 2012, accord- season, and those who have not yet every Comcast and DirecTV, there are ing to SNL Kagan data. That fee is made their ad-buy decisions. a hundred mom-and-pops,” he said. passed from the provider, such as “We need to manage the de- That reach and those ratings Comcast, onto its subscribers. mand,” he said. should boost FSD’s bottom line in FSD doesn’t share its advertis- The network set a viewership 2013. ing or subscription revenue with record for its 148 Tigers game The network was expected to see broadcasts in 2012, thanks to a 41 its operating revenue increase to the Tigers. Instead, the network percent ratings increase com- $136 million in 2012 from $119 mil- has a long-term broadcast rights pared with 2011. lion in 2011, according to New deal that pays the team about $50 The games last season averaged York City-based research firm SNL million annually. a 9.21 rating, a record for FSD and Kagan. The network has aired Tigers based on data from New York City- FSD, which increased its pro- games since 1998, when it won the based audience tracker The Nielsen gramming expenses last year to broadcast rights from the now- Co. $99 million from $87 million two defunct Pro-Am Sports System, That led all of Major League Base- years ago, ranked 21st in operating owned at the time by the Washing- ball in local TV ratings, and was revenue out of the 36 regional ton Post Co.’s Post-Newsweek Sta- about 170,000 households tuning sports networks tracked by SNL tions Inc. in, on average per game, in the De- Kagan. Despite the revenue boost, there troit area. It also was nearly a 41 Cable sports deals are attractive is no discussion of a new or rene- percent increase over FSD’s 2011 to networks because they can still gotiated deal, Hammaren said. ratings average. charge a premium for advertising, “Both the Tigers and Fox Sports The old record for FSD’s Tigers whereas regular broadcast, cable are happy with the relationship,” telecasts was 7.54 in 2007, the year and satellite shows suffer from he said. after the team’s unexpected World more viewers recording them on Bill Shea: (313) 446-1626, Series trip. DVRs and fast-forwarding through [email protected]. Twitter: Hammaren said the ratings are commercials. @bill_shea19 DBpageAD_DBpageAD.qxd 2/7/2013 9:30 AM Page 1
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February 25, 2013 CRAIN’S DETROIT BUSINESS Page 7 Investing in city key to Henry Ford success, honoree Schlichting says
BY JAY GREENE porate headquarters and quantify Schlichting decided to take the No. After losing $87 million in CRAIN’S DETROIT BUSINESS merger savings. 2 job at Henry Ford, said Crain. 2001, Henry Ford has banked an “It is a privilege and an honor to Some other Henry Ford high- aggregate $570.7 million in net in- Nancy Schlichting believes. work with Beaumont and their lights include: come and increased its net assets As CEO of Detroit-based Henry great leaders,” Schlichting said of Winning the 2011 Malcolm by 55 percent to $1.36 billion in Ford Health System, Crain’s News- the blockbuster merger that would Baldrige National Quality Award, 2011 from $877 million in 2001. maker of the Year for 2012 said she create a 10-hospital, $6.4 billion the nation’s highest quality award Jay Greene: (313) 446-0325, believes the seven-hospital system system with 40 percent market for innovation, improvement and [email protected]. Twitter: @jay- can grow in a shrinking health share in Southeast Michigan. visionary leadership. greene care market, that her talented em- Schlichting also said she be- ployees are the keys to success and lieved she could hire an executive that Detroit can turn itself back with the luxury hotel chain Ritz- into a vital city. Carlton to run Henry Ford’s new “If we had not invested in De- $360 million hospital in West SMALL OFFICE troit, we would have failed” as a Bloomfield. health system, Schlichting said. “Everyone thought I was crazy HOME OFFICE “This is true for everyone. If to hire Gerard Van Grinsven” in Detroit does not succeed,” nor will 2008, Schlichting said. “He has Michigan’s Best Selection For Small Michigan. Professional Office or Home Office Schlichting, who was honored made me look good.” Thursday at the Crain’s Newsmak- But 15 years ago when Schlicht- ing, 58, came to Southeast Michi- Free Design Assistance er luncheon attended by more than 500 people, also said she believes gan from Ohio, the city of Detroit Customization - Sizes & Finishes you can collaborate — even with and Henry Ford Health System Professional Installation competitors. AARON ECKELS were down in the dumps. Contemporary or Traditional Henry Ford Health System CEO Nancy “Mike Duggan (former CEO of “The culture of (Henry Ford Schlichting addresses the crowd after Health System) was ‘a thousand Detroit Medical Center) once said he being honored Crain’s Newsmaker of finally found a way to beat me — the Year for 2012. points of veto,’ ” she said. “This DMC has more holiday lights,” was not great for change and said Schlichting, adding, “I bought that big of a deal,” she said. “Pam progress. Our culture now is no him another string.” and our kids now call me ‘The blame, no excuses, no more vic- Duggan, expected to soon an- Newsmaker.’ ” tims, find solutions.” Keith Crain, chairman of Crain nounce his candidacy for mayor, On the pending merger with FEATURING said in a taped tribute video at the Beaumont Health System, Schlicht- Communications Inc. and editor-in- luncheon at Ford Field, “Nancy is ing said talks are going well and a chief of Crain’s Detroit Business, polite, kind … and a killer.” definitive agreement is likely to be said Henry Ford Health System 6287+),(/'ō752< But back at home in Bloomfield reached by mid-May. It is expected has made a great impact on the 129,ō/$.(6,'( Township, Schlichting said she is the newly merged system will an- community in its 98-year history. *5$1'5$3,'6 known as “The Newsmaker.” nounced a new corporate name, “It was lucky for Henry Ford www.gormans.com “At home, they don’t think it is identify the location for joint cor- and lucky for Detroit” that jesper_D
How the Rossiters are making heart procedures at Beaumont the best in the world.
Behind all the latest innovations in heart care at Beaumont are some very special people like Pam and Bob Rossiter. Community and business leaders who inspire us by their commitment to help people they’ll never meet. Because of their generosity, our cardiovascular physicians and surgeons will have a state-of-the-art cardiac catheterization suite for the diagnosis and treatment of heart problems. This facility will be equipped with advanced imaging to allow our specialists to identify plaque in arteries more precisely than ever before. Mr. Rossiter explained, “Pam and I wanted to help Beaumont and the community. Without investments like these, we can’t keep pace with others. I want the best care available right here in Michigan.” We couldn’t agree more. All of us at Beaumont are grateful for the philanthropy of families like the Rossiters. And they remind us that it doesn’t take a medical degree to improve patient care. All it takes is a heart.
A Not-for-Profit Provider 20130225-NEWS--0008-NAT-CCI-CD_-- 2/22/2013 5:40 PM Page 1
Page 8 CRAIN’S DETROIT BUSINESS February 25, 2013 OPINION OTHER VOICES No-fault reform: Offer voters mayor-council slate
The Detroit City Coun- council candidates. to the state and overhauling the cil has been a do-nothing Since approving the Water and Sewerage Department. body since approving a consent agreement last A mayor’s plans for Detroit will No data, no deal consent agreement with April, City Council has be dead on arrival if he or she does the state last year. stymied numerous re- not have enough allies on City dvocates for maintaining unlimited medical care for On almost every key forms. In August, council Council. Similar to a president those injured in Michigan traffic accidents got a pow- matter before it, the coun- rejected a proposal to put campaigning for congressional erful ally last week: Oakland County Executive L. cil has given in to the vo- a millage on the ballot hopefuls, mayoral contenders A cal protesters who attend that would have paid for should form tickets with council Brooks Patterson denounced proposed changes to the state’s its meetings. Council’s more police officers. candidates that share their legisla- no-fault auto insurance law that would cap medical expenses bickering maintenance of Council members cited a tive agenda. now paid by the Michigan Catastrophic Claims Association. the status quo hinders the David Russell report from the city’s Law work of Detroit’s entrepreneurs Detroit needs a mayor and City Still recovering from his own traumatic auto collision last Department that said the city and cultural institutions to create Council that will work together to year, Patterson knows his driver and friend remains para- could lose some money from state a better reality and public image enact necessary reforms without lyzed and benefits from uncapped care. Patterson also main- revenue sharing if the millage for the city. getting bogged down in delays and tains that changing the insurance terms would cost jobs in his In this year’s elections, may- passed. This contrasted with coun- embarrassing public spats. This county and around the state. oral candidates should explain cil’s actions in November, when it year, mayoral candidates should We have suggested in the past that a cap could be sensible. their vision for the city and cam- jeopardized $30 million in bond pick their City Council running But we also believe the catastrophic fund – created by fees paid paign with council candidates proceeds by delaying the approval mates and present voters with the by insured motorists – should be transparent. Public release of who will be productive and sup- of a $300,000 contract with law firm opportunity to elect a unified gov- Miller Canfield. ernment that will lead Detroit. claims data, including actuarial assumptions, is tied up in port their agenda. Detroit voters The council has blocked other David Russell is a writer and edi- court challenges. should have the option of choos- ing a team of united mayoral and ideas, including leasing Belle Isle tor from Commerce Township. Public release of that data should be reviewed before any changes in the no-fault law are considered. Biz Leaders, check membership Last week, more than 550 people honored Henry Ford LETTERS Health System CEO Nancy Schlichting as Crain’s 2012 News- maker of the Year. As we report on Page 7, Schlichting offered powerful advice to leaders wanting to drive cultural change and improve re- Reasons why PA 4 is so bad sults for their company or organization. That’s the legacy of her tenure at Henry Ford — transforming a culture of “1,000 Editor: The EFM laws fit nicely with the Crain’s Detroit Business points of veto” to generate increases in market share, a string “Remind me again why Public modern Republican agenda to welcomes letters to the editor. Act 4 was so bad?” Mary Kramer change laws to retain control of all of profitable years, the awarding of the Malcolm Baldrige Na- All letters will be considered for levels of government. Restricting tional Quality Award for 2011 and the pending merger with wrote about the Pontiac EFM in publication, provided they are Beaumont Health System. your Feb. 4 column (“Pontiac EM’s signed and do not defame voter access, changing the elec- impact noteworthy”). toral college to tabulate by gerry- Schlichting, who chairs the board of the Detroit Regional individuals or organizations. Please allow me to do so. We live mandered districts instead of by Chamber in 2012-13, believes health care executives should be Letters may be edited for length in America, where we, the people, and clarity. popular vote, “right to work” to de- among the leadership of major business and civic organizations. elect our representatives. We still Write: Editor, Crain’s Detroit fund the Democratic Party — these “I’m still flabbergasted that Business Leaders for Michigan have the right to vote for our lead- Business, 1155 Gratiot Ave., are desperate measures reminis- does not have a health care leader on that board,” she told ership, no matter how incompe- Detroit, MI 48207-2997. cent of the apartheid era of South Africa. Crain’s in a recent interview. “To ignore leaders who have an tent that leadership may be. Email: [email protected] impact in a community is wrong. I go to Walgreen’s, the 32nd- Whose idea was it to establish The bullying of Gov. Snyder by the Koch brothers and Dick DeVos largest company in the country, and they value my input. But PA 4? It was done with disregard to sign “right to work” or face an not Business Leaders for Michigan.” for the democratic process, the un- Lost in the fear of the tea party spoken truth being that people movement has been the notion, over-funded primary nut job chal- Doug Rothwell, CEO of the statewide council of CEOs, de- lenger calls to mind the intimida- cannot vote for their own repre- however quaint, that the purpose fends the inclusion of for-profit CEOs and just four nonprofit tion of eastern Europe by the Sovi- sentatives, no matter how good the of government is to see that the et Union. leaders — university presidents and the CEO of Blue Cross, books look. needs of its citizens are addressed. Instead of cheering them on, the who were “grandfathered” in from the group’s days as Detroit How did government entities re- Government is established by the news media should be calling the Renaissance Inc. He adds: “Nancy is a terrific leader, and we solve financial problems before people, for the people. Not by the GOP out for its heavy-handed des- have a great deal of respect for her and her work.” PA 4 and other measures like it? banks, for the banks. Who are the peration. What was so wrong with those unmentioned losers in the bright Yet if Business Leaders is all about reinventing the state Frank Rizzo and its economy, maybe it should be more progressive on its remedies that the democratic story of Pontiac balancing its UAW 1264 member process needs to be circumvented? membership policies, too. books? Sterling Heights KEITH CRAIN: But what about the people of Detroit? I have no doubt that something But everyone seems to the best thing they could not changed. Poverty will still exist. economically, we have to have not is about to happen with the gover- be missing another big get is a job. It is time for the business commu- only a functioning political system nance of Detroit that will set the fi- challenge. What about When all this is said nity to start thinking about an eco- but a vibrant economy, as well. nancial system and political sys- the people who live in and done, we will have nomic solution to our problems. Fixing the political system and tem back on the right track. the city? Detroit has a a city that works. The That is something that bankruptcy all the pieces of this government No one, probably not even the huge unemployment streetlights will be on or an EM won’t be able to solve. unit are without a doubt our No. 1 governor, has any idea what form of problem. The number of and permits will be is- We can only hope that the exis- priority. But it is only the first step. repair it will take. Whether the city folks who don’t have a sued. The police and tence of an efficient, workable gov- If we expect to have a strong files for bankruptcy, has an emer- job is simply staggering. fire departments will be ernment will encourage economic economy, it will not happen by gency manager appointed by the The number of residents functioning efficiently. development in Southeast Michi- simply waving a magic wand over governor or some other sort of rem- who are living on some But the economy will gan. The malaise of Detroit has to the government. edy is pure speculation at this time. sort of government assis- still be horrible, and all affect all of Southeast Michigan This will be only the beginning. But we will know shortly what’s go- tance is huge. Whether the talk of fixing the and all its communities. You can- And this is when the business com- ing to happen to the political system it’s city, county, state or federal aid, city only deals with the problem of not have a healthy community munity has to start getting in- and how it will be fixed. a lot of money and help is being giv- the city government. without having a healthy core. For volved — right now. Or it will all That is a critical first step. en to the residents of Detroit, when The unemployment rate will have Southeast Michigan to prosper be for naught. 20130225-NEWS--0009-NAT-CCI-CD_-- 2/22/2013 11:47 AM Page 1
February 25, 2013 CRAIN’S DETROIT BUSINESS Page 9 State’s bumpiest CRAIN'S LIST: OFFICE LEASES Ranked by square feet Rank Building Owner, owner city Tenant Broker Square feet 1. First National Building, Detroit Rock Ventures LLC, Title Source Inc. Bedrock Real Estate Services 305,000 road? Route to Detroit Chrysler House, Detroit Rock Ventures LLC, Quicken Loans Inc. Bedrock Real Estate Services 167,000 2. Detroit 3. United Shore Financial Sure Holdings LLC, United Shore Financial Core Partners LLC 110,000 Center, Troy Birmingham Services LLC funding repairs Westminster Troy LLC, Valeo Inc. CBRE Group Inc. 103,253 4. 150 Stephenson Highway, Troy Bingham Farms It took all and tear it apart, because it’s go- 5. 19975 Victor Parkway, Smith Equities Corp., Valassis DTZ, a UGL company; and 100,597 of about a ing to be harder to put this whole Livonia B Mount Pleasant Communications Inc. Hinman Co. week after Capitol thing back together when it’s Gov. Rick done if we don’t,” he said. Northville Park Place, REIS (REI and Schostak University of Michigan 100,000 Briefings 6. Northville Township Brothers & Co.), Ambulatory Care Snyder began Richardville has reservations Bloomfield Hills pushing his about any tax increases but ulti- Stoneridge I, Bloomfield Hills B Kojaian Management Butzel Long PC 89,745 idea to in- mately wants to solve the prob- 7. Corp., Bloomfield Hills crease gas lem and not leave it for someone Lehman Brothers Quicken Loans Inc. Bedrock Real Estate Services 83,870 taxes and reg- 27555 Farmington Road, else to solve later, as the roads 8. Farmington Hills Holding Corp., New istration fees and bridges in this state are al- York to raise $1.2 ready in bad shape and will only 9. 37101 Corporate Drive, Lexington Realty Trust, Panasonic Automotive Jones Lang LaSalle and Mohr 82,886 billion annu- get worse. Farmington Hills New York Electronics Co. Partners Inc. ally for infra- Chris Gautz “We can give and take if we 10. 3550 Green Road, Ann Arbor B GE Capital, Fairfield, Black & Veatch Corp. Jones Lang LaSalle 82,003 structure im- keep our doors open to every- Conn. provements thing,” Richardville said. before his fellow Republicans be- One Detroit Center, Detroit iStar Financial Inc., Quicken Loans Inc. Bedrock Real Estate Services 74,000 Sitting on the dais with 11. New York and Signature Associates Inc. gan dissing it. Richardville and Greimel, House A combination of anti-tax-in- 21700 Telegraph Road, Syms Corp., Secaucus, Lear Corp. CBRE Group Inc. 71,132 Speaker Jase Bolger, R-Marshall, 12. crease ideology and irritated con- Southfield New Jersey stated the obvious: “You’re seeing stituents who think they already One Detroit Center, Detroit iStar Financial Inc., PricewaterhouseCoopers Signature Associates Inc. and 70,184 pay too much at the pump — and how difficult this is going to be.” 13. New York LLP CBRE Group Inc. on their birthdays when they re- Richardville remains confident that legislators can reach a deal 800 Tower, Troy Rialto Capital Quicken Loans Inc. Bedrock Real Estate Services 67,000 new their tabs — caused key Re- 14. Management LLC, and Friedman Integrated Real publicans to begin to walk away by the Fourth of July. Miami Estate Solutions But whatever the deal they from Snyder’s proposal. 15. Troy Officentre, Troy Osprey Management Dialogue Marketing Inc. Friedman Integrated Real 64,484 Senate Majority Leader Randy come up with, all agree it will Co., Brighton Estate Solutions Richardville, R-Monroe, said he have to be bipartisan, because Troy Officentre, Troy Osprey Management FVA Ventures Inc., dba Friedman Integrated Real 63,356 wasn’t on board with the plan. there aren’t enough Republicans 16. Co., Brighton ViSalus Sciences Estate Solutions And Secretary of State Ruth John- to pass it on their own. And if that deal includes tax in- 900 Tower Drive, Troy Kojaian Management Plex Systems Inc. L. Mason Capitani Inc. and 62,116 son said she wasn’t supportive of 17. Corp., Bloomfield Hills Skyline Properties LLC the increases in registration fees. creases of any kind, it probably While those positions were will lose support from the most City Center, Troy B 888 W. Big Beaver LLC, New World Systems Redico LLC 56,875 18. Southfield Corp. somewhat expected, it doesn’t conservative of Republicans and the most vulnerable of Democrats mean a deal to find the additional 985 W. Entrance Drive, NorthStar Realty Faurecia USA Holdings CBRE Group Inc. and 55,692 revenue is dead. It’s just going to concerned about their next elec- 19. Auburn Hills Finance Corp., New Inc. Colliers International York come in a different way from tion. what Snyder proposed. Democrats are not ready to Northeast Plaza, Ann Arbor C CW Capital Cole Taylor Mortgage McKinley Inc. 54,265 20. Management, But with nearly everyone still jump in to support the plan to Needham, Mass. focused on actually getting a deal raise revenue for the roads — 2600 Green Road, Ann Arbor B CW Capital University of Michigan Jones Lang LaSalle 54,265 done, it didn’t take long before and not just because their con- 20. Management, Richardville was doling out ad- stituents tell them they are al- Needham, Mass. vice to his fellow legislative lead- ready paying too much and can’t 5225 Auto Club Drive, Investment group led by Xerox Corp. Jones Lang LaSalle 53,000 ers that ran contrary to his own afford it. It’s because they know 22. Dearborn B Stephan Cubba, St. Clair Shores recent statements. that even though this is a Repub- lican governor pushing this tax One Kennedy Square, Detroit B Redico LLC, Southfield Walbridge Aldinger Co. Advocate Commercial Real 51,402 While speaking at the Michigan 23. Estate Advisors of Michigan Society of Association Executives increase, if they as Democrats LLC and Redico LLC legislative and public policy con- vote for it, they will be attacked in 6555 15 Mile Road, Sterling Charrington Estates Macomb County Signature Associates Inc. and 49,642 ference last week, Richardville the next campaigns by their Re- 24. Heights LLC, Troy Community Mental L. Mason Capitani Inc. chastised House Minority Leader publican opponents for being tax- Health Tim Greimel for doing what and-spend liberals. 2751 E. Jefferson Ave., 2751-2761 Jefferson Wayne State University NAI Farbman 48,387 And so you can count on De- 25. Detroit B Avenue Holdings LLC, Richardville had done just the Detroit week before. mocrats this time around going Greimel, D-Auburn Hills, said on the offensive and going after Oak Hollow Corp. Campus, LNR Property Corp., Lafarge North America Kirco Management Services 47,687 26. B Miami Inc. LLC and Jones Lang LaSalle he thinks paying for road im- any Republicans who vote for a Southfield provements by increasing the gas tax increase. And they will 27. 1200 Harmon Road, Auburn Harmon Road Ventures Teijin Advanced Signature Associates Inc. and 47,460 sales tax is the wrong approach make the case that it’s just anoth- Hills LLC, Ferndale Composites America Inc. CBRE Group Inc. and that he also has concerns er in a long line of taxes that the 28. 36501 Van Born Road, Ashley Capital LLC, Michigan Portable Colliers International Inc. 47,324 about asking voters to approve a GOP have raised on middle-class Romulus Canton Township Storage LLC proposal rather than have law- families in the past two years as Travelers Tower I, Southfield Lehman Bros. Holding Faurecia Interior Systems Newmark Grubb Knight 47,250 makers decide themselves. they have eliminated popular tax 29. Co., New York Frank; Colliers International Richardville said lawmakers deductions and credits. Inc. and Redico LLC should be careful about dismiss- Bolger is right — this is going 30. 15600 19 Mile Road, Clinton Macomb Edison The Detroit Edison Co. CBRE Group Inc. and Lee & 46,500 ing any one option as they debate to be difficult. Township Associates LLC, Troy Associates of Michigan LLC how to raise this revenue. Chris Gautz: (517) 403-4403, Livonia - IT Office Building, Northern Equities Infineon Technologies Friedman Integrated Real 46,297 “Wait until you see a final pro- [email protected]. Twitter: 31. Livonia Group, Farmington North America Corp. Estate Solutions Hills posal before you take pieces of it @chrisgautz 28875 Cabot Drive, Novi The Timken Corp., Robert Bosch LLC Signature Associates Inc. 44,685 32. Novi 33. 400 W. Fourth St., Royal Oak PNC Bank, Pittsburgh, RTT USA Inc. CBRE Group Inc. 42,820 ANKRUPTCIES Penn. B 34. Pantech Building, Southfield Pantech LLC, CBS Broadcasting Inc. CBRE Group Inc. 40,980 The following businesses filed for 1450 W. Long Lake Road, Suite Bloomfield Hills Chapter 11 or Chapter 7 protec- 150, Troy. Assets and liabilities 19675 W. 10 Mile Road, Carter Validus Mission Level 3 Communications Jones Lang LaSalle 39,357 tion in U.S. Bankruptcy Court in De- not available. 35. Southfield B Critical REIT Inc., LLC Tampa, Fla. troit Feb. 15-21. Under Chapter NGPCP/BRYS Centre LLC, 27172 11, a company files for reorgani- Woodward Ave., Suite 150, Royal List is based on information from CoStar Group Inc., CPIX, Crain's research, from published information or as submitted by brokers, advisers or Oak, voluntary Chapter 11. property owners. Crain's has tried to list all brokers involved in a transaction, but in some cases brokers may have been omitted. Some leases were zation. Chapter 7 involves total Weir & Weir LLC, 57774 Cider, omitted because of a lack of complete information. liquidation. Washington Township, volun- B Lease renewal. Leonard & Co. Inc., voluntary tary Chapter 11. Assets and liabil- C Expansion. Chapter 11; Leonard-French Hold- ities not available. LIST RESEARCHED BY DANIEL DUGGAN AND KIRK PINHO ings Inc., voluntary Chapter 7, — Ryan Felton 20130225-NEWS--0010-NAT-CCI-CD_-- 2/22/2013 11:38 AM Page 1
Page 10 CRAIN’S DETROIT BUSINESS February 25, 2013
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Detroit Economic Club Luncheon. 11:30 a.m.-1:30 p.m. March 14. Detroit Economic Club. With Stuart Hoffman, senior vice president and chief econo- mist, PNC Financial Services Group. Westin Book Cadillac, Detroit. $45 members, $55 guests of members, $75 ■ Metro Detroit ■ Grand Rapids ■ Kalamazoo ■ Grand Haven ■ Lansing nonmembers. Contact: (313) 963-8547; email: [email protected]; web- site: www.econclub.org. 20130225-NEWS--0011-NAT-CCI-CD_-- 2/22/2013 11:49 AM Page 1
February 25, 2013 CRAIN’S DETROIT BUSINESS Page 11
REPORTER’S NOTEBOOK
Chad Halcom covers litigation, higher education, defense and Oakland and Macomb counties. Call (313) 446-6796 or write chalcom @crain.com. law Chad Halcom Investor slices settlement pie One of the largest court judgments of Big cases of 2012 last year was the offspring of another standout court case from a past year — but eight women who were part of a $100 million settlement in 2009 are now expected to turn over much of Top verdicts and settlements, from price fixing to asset disputes their share to an investor. New York-based Money for Lawsuits V ach year, Crain’s Detroit Business supply chain price-fixing (see Page 1) LP, a company that invests in lawsuits combs its archives and talks to law to “cyber squatting” and medical mal- by buying a stake in plaintiffs’ E firms and other sources to compile practice. prospective winnings while the litigation is pending, obtained a a review of some of the biggest cases. Stories begin on this page and con- combined $4.2 million in judgments The cases range from automotive tinue through Page 15. by late last year against eight women who prevailed against the Michigan Department of Corrections and several administrators over assaults on and About the case The settlement calls for policyholders to get mistreatment of women prisoners. Homeowners insurance new payments, ranging from a 2.5 percent More than 500 women are sharing More than 10,000 insured residential prop- bump in the original claim payment for some, structured payments totaling $100 erty owners in 38 states could get a com- to as much as 20 percent of the differential be- million through October 2014 to settle RONALD CARTER, JOSE JIMENEZ ET AL V. ALLSTATE bined payout of at least $22.5 million by late tween that payment and the policy limit (or the class action lawsuit on behalf of spring after attorneys for Allstate Insurance the home replacement cost less depreciation) women who were victims of sexual INSURANCE CO., ALLSTATE INDEMNITY CO. Co. settled with a policyholder class repre- for others. assault, harassment or privacy rights sented by two Detroit landlords. The settlement also calls for a separate violations by prison staff between Ⅲ Venue: U.S. District Court, Detroit, Judge Ronald Carter of Detroit and Jose Jimenez payment of $5.5 million in attorney fees to March 1993 and July 2009. Most Stephen Murphy; Cook County Circuit Court, of Southfield owned homes in Detroit that Jason Thompson, shareholder at Southfield- were at the shuttered Robert Scott Chicago, Judge Kathleen Pantle were destroyed by fire in 2001 and 2006, re- based Sommers Schwartz PC, to distribute Correctional Facility in Plymouth or at spectively. Each had insurance that covered among three law firms that represented the Western Wayne Correctional Facility in Ⅲ Cases filed: Sept. 3, 2002, in Chicago; Oct. a replacement cost for the rental homes mi- plaintiff class. Plymouth Township. 22, 2007, in Detroit nus depreciation, but they allege Allstate of- Sommers Schwartz, in a statement late Money for Lawsuits, also known as Ⅲ Settlement: More than $25 million fered a payment based on “market value” — last year, said the settlement covers more MFL Casefunding, made combined than 13,000 Allstate policyholders who sus- (estimated, including attorney fees) or $35,000 and $48,000, respectively, where payments of about $865,000 to the tained covered losses, and it believes their Ⅲ Date: Sept. 13, 2012 each sought more than $100,000. women between February and June payout will exceed $22.5 million. Ⅲ Plaintiffs: Ronald Carter and Jose Jimenez, Carter sued in Cook County, Ill., where 2009, before the settlement that July. Lance Young, a partner at Sommers The company makes contingent Detroit property owners, for a class of holders Allstate is based, and Jimenez at U.S. Dis- Schwartz, said many of the smaller claims purchase agreements with plaintiffs of Allstate residential fire or landlord policies, trict Court in Detroit several years later. are paid and larger payments could be who need money in advance of who claimed a loss on homes in any of 38 Both cases were filed as potential class ac- distributed starting in March. anticipated winnings. states between tions, and the company reached an agree- — Chad Halcom David Plunkett, attorney for Money for CASE FILE September ment last summer that certified a class Lawsuits and partner at Birmingham- 1992 and May and settled both cases at once. Home Depot cards: Dispute based Williams, Williams Rattner & 2012. The property own- Plunkett PC, said the investor over sales taxes. Page 12 Kilpatrick contractor: Ⅲ Lead counsel: ers contended companies assume risk in making the Allstate engaged purchases. If the women did not win $4.5 million settles part of Jason water department suit. Page 12 in a practice for years of or their judgments didn’t survive Thompson, appeal, the investor gets no return. Adell trust: $3.25 million shareholder, substituting “actual settles pending suits, dissolves Sommers cash value” on some But prevail they did, and the lawsuit trust. Page 12 alleges all eight failed to inform the Schwartz PC, policies with market value Shareholder dispute: when paying claims. All- investor. Ralph Sirlin, an attorney for $13 million settles suit against Southfield; the women at Pleasant Ridge-based steel company execs. Michael Fabian, state, which admits no wrong- Reosti & Sirlin PC, said the women Page 13 founding doing in the settlement, had took payments of around $50,000 to Insurance benefits: State Farm shareholder, cited a “broad evidence slightly more than $100,000 each. sued over payments. Page 13 Fabian Sklar & rule” in court to con- But the agreements call for the Jailhouse birth: Suit says King PC, tend actual cash value company to be repaid from winnings pregnant inmate ignored. Farmington Hills can be calculated on when the case is over, with fees and Page 14 Ⅲ Co-counsel: various forms of evidence, in- interest of 4.25 percent compounded Car facts: Deal over Dodge cluding market value. per month or nearly 90 percent deliveries sours. Page 14 Lance Young, annualized, Sirlin said. Judge Mark Right of way: Bus crash brings shareholder, Goldsmith of U.S. District Court in lawsuit. Page 14 Sommers Detroit imposed individual judgments Way with words: Assistant Schwartz ranging from $284,145 to $812,572, attorney general liable for Ⅲ Defendants: defamation. Page 15 for a combined $4.23 million. Allstate Cyber squatting: Bad-faith use “We believe these purchases are Insurance Co., usury under Michigan law. But the of domain name. Page 15 Home strife: Mobile home Northbrook, Ill.; contracts contain a provision that Allstate requires them to be read and community co-owners battle. Indemnity Co., interpreted under New York law, which Page 15 doesn’t see them as usurious,” he South said. “When you get out of prison it Barrington, Ill. isn’t like you have a lot, and most of Ⅲ Lead counsel: Mark Hanover, partner, them were taking out living money.” Sonnenschein Nath & Rosenthal, Chicago Sirlin said the rate of return on MFL’s Ⅲ Co-counsel: Harold Pope III, shareholder, investment essentially consumes the Jaffe, Raitt, Heuer & Weiss PC, Southfield; women’s share of the settlement. The Anne Mitchell, partner, Rooney Rippie & case is now before the 6th U.S. Ratnaswamy, Chicago Circuit Court of Appeals in Cincinnati.
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Page 12 CRAIN’S DETROIT BUSINESS February 25, 2013 Focus: Law Home Depot sales tax Kilpatrick contractor HOME DEPOT USA INC. V. STATE OF MICHIGAN, DEPARTMENT OF TREASURY MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT, CITY OF DETROIT AND DETROIT WATER AND SEWERAGE DEPARTMENT V. KWAME KILPATRICK, INLAND WATERS POLLUTION CONTROL INC. ET AL Ⅲ Venue: U.S. District Court, gan Supreme Court declined in Oc- Detroit, Judge Robert Cleland tober to hear an appeal by the Ⅲ : U.S. District Court, tractor DA” had “wanted to share Michigan Department of Treasury. Venue About the case Ⅲ Case filed: Oct. 17, 2007 Detroit, Judge Robert Cleland the work with Ferguson on a 50/50 The issue in the case was sales First named only as “Company Ⅲ Judgment: $7 million. Paid in Ⅲ Case filed: July 18, 2011 basis (and) Kilpatrick had to in- early 2013. tax paid on purchases from 1999 I” in a December 2010 federal in- Ⅲ Settlement:$4.5 million (between struct (then DWSD Director Victor) through early 2007 where holders dictment of former Detroit Mayor Ⅲ Date: May 24, 2012. Michigan Inland Waters and DWSD only) Mercado about the arrangement.” Supreme Court denied leave Oct. of the store-brand credit card lat- Kwame Kilpatrick and four co-de- Ⅲ Date: Dec. 7, 2012 Macomb in 2011 sued Inland Wa- 22. er defaulted on their payments. fendants, Detroit-based Inland Wa- Ⅲ : Macomb Interceptor ters, project subcontractor L. D’Agos- Ⅲ Plaintiff: Home Depot USA Inc. Home Depot had paid sales tax Plaintiffs ters Pollution Control Inc. soon came Drain Drainage District, a tini & Sons Inc. of Macomb Township on those purchases and later was under the spotlight for its role in Ⅲ Lead counsel: Christopher corporation of 11 Macomb County and several other subcontractors, reimbursed by its credit lenders, Nelson, shareholder, Butzel Long municipalities chaired by county the broadening public corruption Ferguson’s companies, Kilpatrick PC, Bloomfield Hills office General Electric Capital Corp. and Public Works Commissioner Anthony scandal. and others, seeking to recover $25.5 Ⅲ Co-counsel: Randy Mastro, CitiBank USA NA. The lenders then Marrocco. Intervening plaintiffs The company was briefly sus- million it alleges was added to the litigation practice group co-chair; charge fees to Home Depot based Detroit and Detroit Water and pended from contracting with the project cost. Jennifer Rearden, partner, Gibson on the bad debt. Sewerage joined in January 2012. Detroit Water Sewerage Department’s Detroit later joined Macomb in Dunn & Crutcher, New York City Home Depot sought to recoup Ⅲ Lead counsel: Jerome Watson, Board of Water Commissioners as the lawsuit, seeking damages on office the tax payments from the state, W. Mack Faison and Irene a non-responsible bidder and be- more than $20 million in profits on Ⅲ Defendants: Michigan but Treasury said that because it Hathaway, principals, Miller Canfield came a target of litigation by the three sewer projects. The settle- Department of Treasury had been reimbursed by its lenders Paddock and Stone PLC, Detroit, for department along with the Macomb ment resolves only Detroit’s Ⅲ Lead counsel: Scott Damich, at the time of purchase, it wasn’t el- the city and DWSD; Raechel Interceptor Drain Drainage District. Badalamenti, partner, Kirk Huth claims against the company; Ma- assistant attorney general igible. The company maintains In late November, Inland Waters Lange & Badalamenti PLC, Clinton comb’s legal claims against Inland that the lender fees mean Home De- along with Inland Management Inc. Township, for the drainage district are still pending. pot hasn’t been reimbursed and and Inland Pipe Rehabilitation LLC About the case Ⅲ Co-counsel: Robert Murkowski In September, Judge Robert Cle- that its contracts with its card agreed to pay $4.5 million to settle and Joseph Uhl, Miller Canfield, for land also dismissed most of the An appellate court ruling in lenders made them one unit for their portion of the department’s Detroit; Albert Addis, O’Reilly subcontractor companies on the May makes Michigan the first purposes of claiming tax benefits. Rancilio PC, Sterling Heights, for the lawsuit, and the water board re- Sterling Heights job, many of them state to side with The Home Depot The Court of Claims sided with district stored the company to responsible represented by Butzel Long PC in in a dispute over whether the Home Depot in 2009, as did the Ⅲ Defendants: Kwame Kilpatrick, bidder status. company owes sales tax on pur- Michigan Court of Appeals last Bobby Ferguson, Derrick Miller, The company was dismissed Detroit, from the Macomb dis- chases where customers defaulted May. With interest, the state had Inland Waters Pollution Control Inc., from Detroit’s portion of the law- trict’s case. on the store’s private-label credit to refund about $7 million. Detroit; L. D’Agostini & Sons Inc., suit in December, but the drainage Cleland essentially found that cards. Nelson said Home Depot has Macomb Township; Superior district portion of its case remains. when the drainage district ac- The U.S. subsidiary of the At- made the same challenge to sales Engineering Associates Inc., Inland Waters was primary con- quired the interceptor and other Southfield; Mersino Dewatering Inc., lanta-based home improvement taxes paid elsewhere. At least one tractor on a 2004-05 sinkhole repair assets from Detroit in 2010, that Davison; and 32 other individual retail giant, Home Depot USA Inc., state — Arizona — has sided did not mean it had also acquired and corporate defendants, most of project, and in 2010 the drainage received payment this year on a against the retailer, and cases in whom were later dismissed district acquired that interceptor Detroit’s rights to sue the subcon- judgment of more than $6.9 mil- other states are pending. tractors under state tort law for Ⅲ Lead counsel: Michael Jacobson, and assumed $54.5 million in debt lion with interest after the Michi- — Chad Halcom partner, Jaffe, Raitt, Heuer & Weiss from those repairs. any connection they had to alleged PC, Southfield, for Inland Waters The federal indictment claims overbilling. So the district has a Ⅲ Co-counsel: Kevin Hirsch, David contractor Bobby Ferguson of Fer- case only against Inland Waters Williams and David Poirier, Jaffe guson’s Enterprises Inc., Detroit, told for breach of contract. Kilpatrick in 2004 that a “Subcon- — Chad Halcom
Adell family trust IN THE MATTER OF FRANKLIN Z. ADELL TRUST ADELL BROADCASTING CORP. ET AL V. TRUSTEES FOR FRANKLIN Z. ADELL TRUST, LAURIE FISCHGRUND ET AL
Ⅲ Venue: Oakland County Probate About the case 2010 had violated his fiduciary du- Court, Judge Linda Hallmark; ties, and Probate Judge Linda Hall- Macomb County Circuit Court, Adell Broadcasting Corp. Presi- mark ordered him to reimburse $1.8 Judge Donald Miller. dent Kevin Adell became majority million he had obtained in pay from Ⅲ Cases filed: Sept. 19, 2008, in owner of the Clinton Township- two of his companies without the Oakland; May 4, 2010, in based media company after a $3.25 fiduciary’s consent in 2008 and 2009. Macomb million payment to his two sisters, But Adell then filed a lawsuit in Ⅲ Settlement: $3.25 million (to Julie Verona and Laurie Fis- Macomb County against his sis- defendants Laurie Fischgrund and chgrund, settled two pending law- ters and the trustees appointed by Julie Verona) suits and dissolved the trust of the court, alleging they were inter- Ⅲ Date: Feb. 22, 2012 their late father. fering with his contracts and busi- Ⅲ Plaintiffs: Adell Broadcasting Adell became trustee to his fa- ness relationships. Corp., Clinton Township; STN.com ther’s trust shortly after his death The Michigan Court of Appeals in Inc., Southfield in 2006. Its assets were estimated to early 2012 upheld a lower court Ⅲ Lead counsel: Thomas Van be worth about $24.6 million, and finding that Adell’s lawsuit was Dusen, member, Bodman PLC, his sisters were co-beneficiaries. frivolous and the Macomb court Detroit The trust was 80 percent owner did not have jurisdiction — but it Ⅲ Co-counsel: Michael Schwartz, of Adell Broadcasting, which oper- also found he should have due former general counsel, Adell ates WADL TV-38 in Clinton Town- process rights to appear and argue Broadcasting ship and The Word Network, the against a court order of sanctions. Ⅲ Defendants: Franklin Z. Adell Southfield-based religious pro- Instead, the Adell siblings Trust, Estate of Franklin Adell, gramming network of which Adell reached an agreement in February trustees David Gorcyca and Joseph is president and CEO. Ehrlich, Laurie Fischgrund and Julie to dissolve the trust, pay the sisters Originally, Adell paid $800,000 Verona a combined $3.25 million, dismiss annually to each sister from the both the Oakland and Macomb Ⅲ Lead counsel: Elizabeth trust, but he was suspended as Luckenbach, partner, Jaffe Raitt court cases and transfer all remain- Heuer & Weiss PC, Southfield, for trustee in 2008 after his sisters ing trust assets to Kevin Adell. Fischgrund and Verona brought a request in Oakland That gives him controlling in- Ⅲ Co-counsel: Jeffrey Heuer, County Probate Court for court su- terest in Adell Broadcasting and partner, Jaffe, for Fischgrund and pervision. full ownership of STN.com Inc., a Verona; E. Powell Miller and Jayson The sisters had expressed “con- satellite TV broadcasting busi- Blake, partners, The Miller Law cerns that Kevin Adell violated his ness, and Birmingham Properties, a Firm PC, Rochester, for the fiduciary duties,” mismanaged real estate company that owns the trustees funds and paid himself excessive WADL and Word Network compensation. A court-appointed office/studio properties. special fiduciary found Adell in — Chad Halcom 20130225-NEWS--0013-NAT-CCI-CD_-- 2/22/2013 11:15 AM Page 1
February 25, 2013 CRAIN’S DETROIT BUSINESS Page 13 Focus: Law Shareholder dispute BILLSTEIN ET AL V. GOODMAN ET AL