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   3Amy M. JohnstonDetroit(313) 496-8479johnston@millercanfield.comjohnston@millercanfield.comMiller Canfieldwww.millercanfield.comwww.millercanfield.comjohnstonamy.jpgClass Action/Mass Tort Defense LawCommercial LitigationProducts Liability Defense LawLitigation and Dispute ResolutionClass and Collective ActionsProduct Liability and TortsReal Estate and Construction LitigationCommercial Litigation
Amy M. Johnstonjohnston@millercanfield.com
Miller Canfieldhttp://www.millercanfield.com
150 W Jefferson Ave Ste 2500
Detroit MI 48226
Ph.(313) 496-8479 Fx.(313) 496-8453Leading Lawyers Magazine story about this lawyer
Johnston_Amy_CrainsDetroitBusiness2017.pdf
Recommended by peers in:    Extensive Experience in:
Class Action/Mass Tort Defense Law    Litigation and Dispute Resolution
Commercial Litigation    Class and Collective Actions
Products Liability Defense Law     Product Liability and Torts
    Real Estate and Construction Litigation
    Commercial Litigation
Advisory Board Member
County:  Wayne
Litigator:  Yes

Practice Description:  
Ms. Johnston is a trial lawyer who concentrates her commercial practice with an emphasis on the energy and manufacturing industries. With more than 20 years of courtroom experience, she has represented large and small companies in oil and gas, business, mass tort, product liability and personal injury matters. Throughout the years, Ms. Johnston established solid relationships with clients and developed a deep knowledge and understanding of clients' respective industries to be well positioned to provide advice on a broad range of business and legal matters with an eye toward consistency in process and long-term business solutions.

Clients routinely look to Ms. Johnston for counsel. She excels at client service and is well-known for her skills, depth, breath and high reputation in the legal community. Her experience in representing companies from pre-litigation through trial enables her to provide insight into litigation avoidance as well as trial strategies for successful outcomes. Her practice is nationwide, having represented clients in state and federal courts throughout the United States.

Ms. Johnston has been publicly recognized as a leading lawyer. She has consistently been listed as one of the Top 50 Women Lawyers in Michigan since 2011 and one of the Best Lawyers in America since 2008. She was also honored for her leadership in Michigan Lawyers Weekly's 2014 Women in the Law.


Notable Cases and Results:  
  • International Oil and Gas Litigation - Successfully defended major oil companies in complex litigation matters concerning upstream oil and gas production involving application of foreign and state laws.

  • Energy Company Royalty Litigation - Obtained dismissal for Michigan's largest public energy company in overriding royalty dispute concerning allegations of breach of fiduciary duty, alter ego, fraudulent drainage and lack of unitization of a gas field.

  • Oil Company Construction Litigation - Represented large refinery in construction-related claims arising from expansion of the facility.

  • Franchisor Commercial Litigation - Successfully secured dismissal of challenges to revised terms in franchisor's renewal agreements brought by franchisees in federal court.

  • Oil Pipeline Commercial Litigation - Represented large oil pipeline in prosecuting claims of breach of contract and violations of the Uniform Commercial Code in relation to faulty additives manufactured by defendant.

  • Oil Company Class Action Litigation - Successfully defended major oil company in putative class action involving allegations of underground storage tank leaks and related groundwater contamination.

  • Oil Company Commercial Litigation - Successfully prosecuted multi-million dollar claims of large petroleum company for breach of contract, warehouseman's liability and account stated arising from asphalt storage tank failure.

  • Various Commercial Real Estate Litigation - Enforced deed and use restrictions for various commercial properties, including gas stations, retail outlets and franchises, concerning brand, product and site limitations in courts in Michigan, Ohio, Indiana, Illinois and Wisconsin.

  • Oil Company Class Action Litigation - Represented major oil company in putative class action concerning nuisance and negligence allegations arising from an explosion at a refinery.

  • Construction Litigation - Defended large publicly traded construction and project management company in various construction-related disputes in cases involving claims of negligence, misrepresentation, breach of contract, unjust enrichment, improper termination and scheduling issues.

  • Private Corporation Shareholder Litigation - Successfully defended closely held corporation in minority shareholder oppression, breach of fiduciary duty and breach of contract case, resulting in an ability to commence a counter-suit and obtain a large monetary award for the client.

  • Biotechnology Drug Company Commercial Litigation - Obtained summary judgment for biotechnology drug company in defense to breach of contract and breach of shareholder agreements.

  • Automobile Manufacturer Supplier Litigation - Secured multiple preliminary injunctions and/or favorable settlements for large automotive manufacturer against suppliers arising out of disputes on pricing, purchase order terms and conditions, disruption costs and sub-supplier delays.

  • Manufacturer Commercial Litigation - Defended local manufacturing company and obtained summary judgment in case concerning corporate dissolution and allegations of breaches of various contracts and shareholder agreements, fiduciary duties and bad faith.

  • Biotechnology Company Shareholder Litigation - Successfully defended biotechnology company in shareholder derivative action, involving allegations of Securities Act violations, breaches of fiduciary duty and loyalty, and unjust enrichment.

  • Shareholder Litigation - Represented many small and mid-sized corporations in minority shareholder oppression, share dilution and derivative actions.

  • Commercial and Noncompete Litigation - Represented closely held corporation in unfair trade practices, pricing and covenants not to compete disputes in courts in New York and Michigan.

  • Product Liability Litigation - Trial counsel in a number of product liability cases, including the defense of design, manufacturing and warning theories for chemicals, biotechnology, automobiles, escalators, medical equipment, power tools, brakes, component parts and vertical broaching machines.

  • Personal Injury Litigation Defense - Lead trial counsel in a number of personal injury cases involving wrongful death, amputation, scalping and various other injuries brought on theories of negligence, strict liability, nuisance, contractor liability and related claims in cases throughout the United States.


Bar Admissions:  
Michigan
Ohio
U.S. Supreme Court
U.S. Court of Appeals
  Sixth Circuit
  Seventh Circuit
U.S. District Courts
  Central District of Illinois
  Eastern District of Michigan
  Eastern District of Wisconsin
  Northern District of Indiana
  Southern District of Ohio
  Western District of Michigan


Law School:  University of Detroit Mercy School of Law, J.D., 1994

Undergraduate School:  University of Michigan, B.G.S., 1990

Bar/Professional Association Involvement:  
American Bar Foundation, Fellow
American Bar Association, Section of Environment, Energy and Resources Petroleum Marketing Committee, Chair 2007-2008, 2008-2009; Vice Chair, Membership 2009-present American Inns of Court, Master of the Bench, 2003-2011
Litigation Counsel of America, The Trial Lawyer Honorary Society, State of Michigan Delegation Co-Chair, 2007-2013; Fellow, 2007-present
Diversity Law Institute
The Trial Law Institute
Association of Defense Trial Counsel
Defense Research Institute, E-Discovery Committee Member
Federal Bar Association
Michigan Defense Trial Counsel
Ohio Bar Association
International Franchise Association
Leadership Oakland XVII, Vice President
United States District Court Advanced Technology and Electronic Evidence Courtroom Certified, 2006
Product Liability Advisory Council (PLAC)

Awards; Honors; Distinctions:
Michigan Lawyers Weekly, Women in the Law
Best Lawyers in America, 2008-present
  Personal Injury Litigation-Defendants
  Mass Tort Litigation/Class Actions-Defendants
Michigan Super Lawyers 2006-present
  Personal Injury Defense: Products
  Top 50 Michigan Women 2011-2014
  Top 100 in Michigan 2011
DBusiness Magazine Top Lawyers, 2011-present
Cambridge Who's Who 2009
Marquis's Who's Who of Business Professionals 2009
Marquis's Who's Who of Emerging Leaders 2007


Community Involvement:  
Catholic Lawyers' Society   President, 2006-2008   Vice President 2005-2006   Board of Directors, 2004-present


Published Legal Writing:  
"Practical Advice for Obtaining Favorable Alternative Dispute Resolution Outcomes," Inside the Minds: Trends in Alternative Dispute Resolution (Thomson Reuters/Aspatore 2012)

"The PMPA Landscape After Mac's Shell: A Survey of Significant PMPA Decisions in 2011," (co-author Robert E. Murkowski), ABA Section of Environment, Energy, and Resources, 2012

"Litigation Damages in the Petroleum Marketing and Franchise Industry," American Bar Association, Forum on Franchising (October 2007)

"Homeland Security, the Patriot Act and Effects on the Petroleum Marketing and Franchise Industry," American Bar Association, Forum on Franchising (October 2007)

"Alternative Dispute Resolution as a Cure to the Product Liability Epidemic," ADR Journal (June 1997)

"Fairness vs. Surprise: The Rebuttal Evidence Debate," 77 University of Detroit Law Review 531 (2000)


Legal Lectures:  
Ms. Johnston frequently presents on trial practice and procedure, and business and personal injury litigation issues. She has been a speaker and moderator at various State Bar of Michigan, Ohio Bar Association and American Bar Association conferences. She also provides private presentations to large and small businesses on litigation considerations, including risk management, litigation avoidance, evidence preservation and alternative dispute resolution.


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