The Kewadin Casinos Gaming Authority has announced that it has progressed with its malpractice lawsuit against former legal counsel Patterson, Earnhart, Real Bird & Wilson LLP; for its mismanagement of the casino’s legal dispute with former development partners JLLJ Development and Lansing Future Development II.
In April 2023, Kewadin Casinos reached a settlement with JLLJ Development and Lansing Future Development II totaling $25m. The agreement represented a circa 75% reduction from the $88m in damages Ingham County Judge Joyce Draganchuk had previously ordered that it pay.
Previously, the Patterson law firm represented Kewadin Casinos from June 2020 to December 2020. The malpractice lawsuit against the law firm concentrated on its failure to properly defend Kewadin in the law; relating to its two casino development contracts.
The complaint consolidates multiple instances where its attorneys promised their confidence and familiarity with Michigan law, yet suggests the Patterson law firm mishandled the case.
The result of the attorney's unfamiliarity with the case led to Kewadin being subject to default judgment fines, sanctions and attorney fees, according to the claim. The law firm also failed to file a trial brief and witness list, which prevented Kewadin from calling witnesses at the trial on damages, the suit suggests.
The agreement stipulated that Kewadin would also pay up to $10m from the proceeds of its malpractice claim against the Patterson firm. If Kewadin is unsuccessful in its suit, it will pay its former development partners an additional $5m in place of the $10m.
Kewadin is represented by Daniel V. Barnett of Grewal Law PLLC and Lawrence J. Acker of Lawrence J. Acker, P.C.
“We have thoroughly reviewed the file and believe the actions taken by Kewadin’s former counsel did not meet even the lowest standards of practice. Kewadin had the right to be properly represented and it was not,” said Kewadin’s representative, Barnett.
