Todd Millar is an experienced Michigan trial attorney and business counselor focusing on settling and resolving disputes involving agriculture law, commercial disputes, insurance coverage and defense, construction, tort litigation, governmental law and mediation. He has extensive trial and litigation experience in both federal and state courts across the state of Michigan. Todd is prepared to assist out-of-state law firms and their clients with the intricacies of practicing law in Michigan courts. He has tried over 20 cases to verdict and has also helped clients resolve disputes through mediation and arbitration proceedings. He is a trained mediator, having completed Michigan's 40-hour training program, and is a court approved mediator in many northern Michigan counties.
"One of the lessons I learned growing up and working on a farm in northern Indiana is the value of a hard-earned dollar. That experience formed the basis of my philosophy regarding the practice of law: add value with everything that you do, work harder than your competition and give clients what they want before they know they want it."
Todd obtained a Bachelor of Science degree from Purdue University in Agricultural Education in 1988 and a Master of Science degree in Agricultural Economics, also from Purdue, in 1990. He then attended Indiana University, Bloomington, and obtained his Doctor of Jurisprudence in 1993. He joined Smith Haughey Rice & Roegge in 1993 in its Grand Rapids office and in 1996 moved to Traverse City. He currently serves as the Chair of the firm's Litigation Department and member of the Agribusiness Industry Team.
"An advantage of working with many attorneys in our offices across Michigan is that I can easily put together a team of lawyers and support professionals to handle any client issue."
Todd and his wife, Allison, have a son, Mitchell.
AAA Arbitration
American Developer v Swedish Manufacturer of Walk-in Bathtubs. US designer, manufacturer and patent holder for fold-down door bathtub used in assisted living facilities sold his company and patents to Swedish company with future remuneration based upon bath-tub sales. When Swedish company failed to fulfill its obligations to market and sell the tub, while purchasing competitor to tub, AAA proceedings were instituted for breach of the contract. Settlement was reached which provided client with more favorable and enforceable terms.
Comstock Construction Co v Second Grand Traverse Schools. Represented defendant developer of Charter School in claims brought by contractor when funding source refused to provide funding. Was successful in reducing contractors claim following 3 day arbitration hearing by over $300,000.
Assisted local food processor in pursuing lifting if seizure of allegedly adulterated canned goods. Included filing suit against MDA and pursuit of administrative remedies against FDA.
Commercial Litigation
Assisted attorneys Mark Bickel and Gary Rowe in defending Consumer's Power Company in numerous stray voltage cases involving dairy cattle. Had one three week jury trial which lead to a plaintiff's verdict. Was successful on numerous motions for summary dismissal.
Douglas v Great Lakes Automatic Door. Defended automatic door installer when door shut on patient. Case dismissed after proving door was installed correctly.
Fedak v Bateson. Represented half owner in local hotel when other half owner purchased land contract on her own and foreclosed to gain sole ownership of hotel. Was successful at getting hotel put back into corporation and then successfully negotiated settlement through mediation.
Fick v Fick. Represented mortgage company in action by wife to get house from husband free and clear of mortgage after she suffered brain injury in a motor vehicle accident and he allegedly forged her name on mortgage. Was successful following bench trial in keeping all but $20,000 of mortgage attached to the house after proving money was spent on improvements to the house.
Great Lakes Carbon Treatment v Natural Systems Inc. Represented plaintiff in this breach of contract case arising out of defendant's failure to pay for de watering services provided at the site of a contaminated gas station. Case settled for case evaluation amount when payment bond holder paid the award.
Kavalar v Fifth Third Bank. Represented bank in lawsuit by investor who lost money when investments depreciated. Court granted summary disposition ruling that pre-suit agreement that was in writing between the parties to settle was a binding contract and plaintiff must accept settlement amount.
Owens v Honeycutt. Represented bar owners in suit against co-owner/operator that was embezzling funds. Court granted preliminary injunction removing operator and placing operation in hands of client. Case settled with return of equipment and transfer of ownership to clients.
Construction Litigation and Liens
Lapan v Shemwell. Achieved a "no cause of action" jury verdict on behalf of a subcontractor sued following a fall at a construction site. The subcontractor had covered a hole, but case law and construction regulations showed that the subcontractor did not owe a duty to a fellow subcontractor.
Klaver v Steelhouse Construction. Achieved a "no cause of action" jury verdict on behalf of a steel erection contractor. Client created a hole in the roof when it built the steel structure. Another subcontractor covered the hole but didn't place any warning signs. A roofing subcontractor employee fell through the hole in roof and was severely injured. General contractor and another subcontractor were found liable by the jury for over $600,000.00.
Brown Lumber v Inman. Successfully defended homeowner in lien foreclosure action. Obtained dismissal of lawsuit when it was proved that the homeowner had paid the full contract amount to the general contractor.
Oil & Gas
Kitchen v Terra Energy. Participated in this oil and gas case along with Mark Bickel which centered around plaintiff's claims that client failed to properly finish wells and complete the project, while at the same time draining plaintiff's property from adjacent wells. Jury returned a verdict in favor of plaintiff after a three week trial. Case was appealed.
Life, Health and Disability Insurance
Fry v US Health & Life. Represented health insurer that was sued when employer deducted policy premiums from employee pay checks but never sent in premiums. After policy lapsed, plaintiff was injured and sued to get benefits. Case was settled at mediation for fraction of the claim.
George v Northwestern Michigan College. Represented college in lawsuit filed by injured employee to defend lien rights for health benefits paid by college. Case settled at final settlement conference with employee to reimburse stop loss carrier and retire so that college no longer responsible for health benefits.
Insurance Liability: Defense and Coverage
Novak v Hoppe. Represented defendant who was sued when his horse trailer allegedly made a loud noise, spooking the horse that plaintiff was riding. She was severely injured when she fell off the horse. Jury returned a verdict in favor of defendant after a five day trial and concluding defendant was not negligent.
R. Widing Construction v Farm Bureau. Employee of framing contractor injured when a truss fell on him. Crane operator that dropped the truss tried to get insurance from Farm Bureau policy. Case was dismissed after the court concluded that the Farm Bureau policy was secondary due to other insurance clause.
Padget v Farm Bureau. Represented Farm Bureau in insurance coverage case when plaintiff's roof collapsed. Plaintiff's claimed it was due to weight of ice and snow. Following a four day jury trial, jury concluded no coverage because collapse was caused by faulty construction.
Governmental/Constitutional/Civil Rights Litigation
Fleet v MAWSA. Developer sued area water authority after it raised rates and hookup fees claiming that developer's constitutional rights of equal protection were violated. Obtained dismissal for the water authority when plaintiff was shown to have violated the statute of limitations and when plaintiff could not show different treatment of a similarly situated developer.
Burton & Witte v Bruce Township. Obtained summary disposition in this gravel pit case. Plaintiff's applied for a special land use permit to operate a gravel pit. Township denied based on harm to the community. Court dismissed the lawsuit finding that plaintiff's could not prove that economical source of gravel was not available elsewhere in the township.
Lamar Advertising v Long Lake Township. Obtained summary judgment in Federal District Court on plaintiff's claims of violation of First Amendment right to free speech when plaintiff was denied a special land use permit to erect a billboard on property in the township. The township denied the application because the property owner had existing zoning ordinance violations. The court dismissed plaintiff's complaint concluding that there had been no First Amendment violation since the regulation was not directed at the speech but at an underlying zoning ordinance violation
Schellenberg v Bingham Twp. Bench trial verdict in favor of plaintiff who had filed a Freedom Of Information Act and Open Meetings Act Claim. Court found that violation of Freedom of Information Act was de minimus and awarded no damages because Township had provided thousands of pages of documents in response to over 30 requests and plaintiff could not prove an intentional violation. Plaintiff awarded only $6,000 in attorney fees for Open Meetings Act violation after requesting over $70,000.
Metzger & Larger v Clark Township. Plaintiffs prevailed in jury trial following backup of sewage into their summer cottage from Township owned sewer system. The jury awarded plaintiffs damages for their cottage and personal items following a three day trial.
Agriculture and Agribusiness
Multi-Million Dollar Property Owner v Landscaper. Owner of multi-million dollar home on a lake sued the landscaper that installed hundreds of thousands of dollars of material for improper installation of irrigation system and damage to house and plants. Was able to successfully resolve the dispute within insurance coverage so that landscaper was released from all liability.
Kendziorski v Silvers. Represented a tree trimmer in a lawsuit filed by a property owner alleging that trimming of trees allowed infestation of Oak Wilt. Following a four day bench trial, the court found in favor of the plaintiffs and awarded partial damages due to the fact that knowledge of Oak Wilt was not widely known at the time of injury.
Abend v Collins. Defended owner of a horse farm when horses got loose and caused automobile accident resulting in severe personal injury. Successfully argued Animals Running at Large statue limited damages and resolved the case within insurance limits obtaining release for client.
Defense Research Institute - State of Michigan Representative 2008 to present
