Jack Kalmink and Mary Kalmink represent a long-standing client of the firm who, along with other investors, invested $13,000,000 in a building project in Texas. As an inducement to get the client to make this investment, two of the investors signed Personal Guarantees for a total of $5,000,000. The project failed and the lenders foreclosed on the property. The client sought to recover on the Personal Guarantees to recoup some of its losses. The investors refused to pay on the Personal Guarantees, so Jack and Mary Kalmink filed lawsuits on behalf of their clients in federal courts in Phoenix and San Diego where the investors lived. The San Diego investors filed a motion to dismiss the case as a matter of law. Mary Kalmink drafted the briefs in response to the motion to dismiss. The Judge issued a written opinion, denying the investors’ motion, thus allowing the lawsuit for $2.5 million to proceed in San Diego, and precluding a similar motion in the Phoenix lawsuit.
Mary A. KalminkMary Kalmink Clark Hill
Mary A. Kalmink
Mary Kalmink defends clients on employment issues and develops employee training procedures. She also represents employers in tax rate issues before the Unemployment Insurance Agency.
Mary provides a combination of litigation and counselling to her clients. She litigates a broad range of product liability and premises liability cases for clients in food processing and manufacturing, hospitality, and retail industries. She also advises these clients regarding product recalls and compliance with federal and state industry regulations.
Mary handles commercial litigation in several states for clients in the field of real estate investment including issues such as breach of contract and enforcement of personal guarantees.
Mary also represents employers in various industries in defense of discrimination and wrongful discharge lawsuits, in wage-and-hour reviews, and in tax rate issues before the Unemployment Insurance Agency. She also counsels employers in best practices for investigating harassment claims, employee discipline and compliance with federal leave laws.
- Obtained complete reversal of a $2 million tax assessment by the Unemployment Insurance Agency. This assessment was based on incorrect calculations and the erroneous consolidation of businesses which resulted in a grossly exaggerated tax rate.
- Obtained complete dismissal of a lawsuit claiming liability of a major meat processor for the death of a child due to possible E. coli contamination of hamburger. The state circuit court found that the Federal Meat Inspection Act prohibits states from adding to or modifying federal requirements imposed on meat producers. This federal preemption ruling was affirmed by the Michigan Court of Appeals and the Michigan Supreme Court, and certiorari was denied by the U.S. Supreme Court.