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Mary A. Kalmink

Of Counsel
fax +1 313.309.6863

Mary Kalmink 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.

Education

J.D., magna cum laude, Wayne State University Law School, Detroit, Michigan, 1989, Recipient of Fern Walter, Silver Key and Traitel Scholarships for academic merit, Wayne State University Law School Law Review, Editor of Survey of Michigan Law, Order of the Coif, American Jurisprudence Award for Legal Writing and Research, American Jurisprudence Award for Real Estate Financing
B.A., Calvin College, Grand Rapids, Michigan, 1969

Recognitions

“Michigan’s Top Lawyers in Litigation” by dbusiness

Memberships

American Arbitration Association, National Roster of Neutral Commercial Arbitrators

Detroit Metropolitan Bar Association

Michigan Judicial Institute, Faculty Member and Participant in the 2004 Annual Judicial Conference

State Bar of Michigan, Standing Committee on Character and Fitness

State Bar Licenses

Michigan

Court Admissions

U.S. District Ct., E.D. of Michigan
U.S. District Ct., W.D. of Michigan
U.S. Court of Appeals, 6th Circuit
U.S. Supreme Court
Supreme Court of Michigan
Michigan Court of Appeals

Representative Experience

  • 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.
Articles
  • “Daubert and Its Progeny” National Food Processors Association Journal
  • Annual “Attorney Fees” chapter in Michigan Law of Damages and Other Remedies published by Institute of Continuing Legal Education
Presentations
  • “The Ten Most Common Mistakes That Lead to Product Liability and How to Eliminate or Minimize Them” Food and Drug Law Institute, Washington D.C.
  • Food Modernization Safety Act webinar

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