Erica Fitzgerald | Barris, Sott, Denn & Driker, P.L.L.C. |
(313) 965-9725
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Attorneys
Erica  L. Fitzgerald

PRACTICE AREAS

Litigation
Business Counseling

EDUCATION

  • J.D., University of Michigan Law School
      Michigan Journal of International Law, Articles Editor
  • B.A. with Distinction, University of Michigan

HONORS & AWARDS

  • Rising Star, Michigan Super Lawyers, 2010-2014
  • Up & Coming Lawyer, Michigan Lawyers Weekly, 2009
  • Certificate of Appreciation, Pro Bono Recognition, Eastern District of Michigan, 2013, 2004
Erica L. Fitzgerald
Member
CONTACT INFORMATION
Tel: 313-596-9318
Fax: 313-965-2493
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Erica specializes in business litigation and immigration. She brings clarity, competence, and cheerfulness to her dealings with clients, attorneys, and judges. 

As a business contract negotiator and litigator, Erica offers legal and dispute resolution advice to clients from family-owned businesses to publicly traded domestic and international companies.

She works closely with clients to learn their business objectives and to create opportunities for effective and affordable solutions to disputes, both in and out of court.  Erica partners with in-house counsel to advise business units, anticipate problems, and manage disputes, while driving business forward and minimizing disruption to company operations.  By drafting and negotiating clear and comprehensive agreements, she is proactive in avoiding future disputes. 

Erica serves as in-house counsel (in a secondment arrangement) with an international Tier-1 automotive supplier, where she negotiates supply contracts and resolution of supplier disputes, advises on complex equipment and construction contracts, and prepares corporate documents. 

REPRESENTATIVE MATTERS

  • Represented steel service center in a contract dispute with Tier-2 supplier; obtained dismissal of complaint and a $1,000,000 judgment on counterclaim and case evaluation sanctions on appeal after jury trial.
  • Represented Tier-1 supplier as defendant in $1,000,000 dispute; drafted, argued and won motion for partial summary judgment and obtained favorable settlement.
  • Represented automotive parts manufacturer in $600,000 dispute with a foreign, Tier-1 supplier; managed litigation through depositions and other discovery and obtained favorable resolution.
  • Lead counsel in putative federal class action Junk Fax case and won motion to dismiss; petition for writ of certiorari to U.S. Supreme Court is pending. 
  • Represented OEM in age discrimination, multi-million dollar class action lawsuit; drafted appeal brief and worked closely with in-house counsel and staff in dispute, which was resolved before trial. 
  • Represented major Detroit law firm and Fortune 500 company together in employment dispute; drafted and won summary judgment motions in both state court and federal district court; prevailed on appeal in federal and state courts.  
  • Drafted, argued and won summary judgment as to liability and final judgment in full amount of damages ($1,000,000) for insured against insurer under commercial property policy; drafted appellee brief, and won on appeal. 
  • Drafted, argued and won summary judgment motion in full amount of damages ($100,000) for pharmaceutical drug wholesaler against insurer under employment practices policy. 
  • Represented a pharmaceutical drug wholesaler in a dispute with the DEA over compliance with regulations.  Prepared and filed a complaint and emergency motion for temporary restraining order within hours after being served with a subpoena, allowing client to remain in business during dispute.
  • Represented client in contentious post-divorce dispute over insurance policy.  Handled evidentiary hearing that resulted in decision for our client, ending dispute. 
  • Represented security company in personal injury/premises liability case.  Won summary disposition of complaint against our client, then obtained voluntary dismissal of third-party complaint against our client.
     

    PROFESSIONAL & CIVIC LEADERSHIP

    • Ann Arbor Summer Festival, Executive Board Member and Committee Co-Chair, 2011 – Present
    • Federal Bar Association, Eastern District of Michigan Chapter, Book Club Co-Chair, 2011 – Present
    • Federal Courthouse Tour Program, Volunteer, 2009 – Present
    • Skyline High School Athletic Booster Club, Board Member, 2015 – Present
    • Ann Arbor Youth Chorale, Vice President and Committee Co-Chair, 2012 – 2015
    • National Association of Women Judges MentorJet Program, Mentor, 2013
    • Henry M. Campbell Moot Court Competition and Legal Practice Program, University of Michigan Law School, Volunteer Judge, 2011 – 2012

    BAR ADMISSIONS

    • Michigan
    • U.S. District Court - Eastern and Western Districts of Michigan
    • U.S. Sixth Circuit Court of Appeals
    • U.S. Eleventh Circuit Court of Appeals