J. Michael Smith is a Member of the firm and has been practicing law since 1974. He has been a part of Miller Johnson's litigation section since joining the firm. His primary practice focus has been on environmental cases as well as disability and life insurance cases. Environmental LitigationMr. Smith has handled numerous lawsuits in Michigan's state and federal courts and has represented clients in administrative proceedings before the United States Environmental Protection Agency and Michigan Department of Environmental Quality. Mr. Smith has more than 25 years of experience in myriad environmental cases involving regulatory compliance, cost recovery claims, claims seeking penalties under environmental statutes and criminal investigations. His areas of experience include the following: - Superfund litigation
- Cost recovery and remediation under Michigan statutes
- Solid waste management
- Hazardous waste management
- Leaking underground storage tanks
- Water pollution claims
- Air pollution claims
- Business and contractual disputes involving environmental liability
Mr. Smith has represented a wide variety of businesses and individuals in environmental disputes. He was counsel for Bestfoods f/k/a CPC International, Inc. (Bestfoods) in an important environmental enforcement action brought by the United States and the State of Michigan against Bestfoods seeking recovery of response costs at the Ott Chemical Superfund site. The case was appealed to the United States Supreme Court which clarified the law of parent corporation liability under the federal Superfund statute. (United States v. Bestfoods, 524 U.S. 51 (1998)). After remand of the case from the United States Supreme Court to the U.S. District Court in Grand Rapids, Mr. Smith was successful in obtaining a Judgment of no liability in favor of Bestfoods on all of the claims asserted against it. Disability and Life Insurance LitigationMr. Smith has handled approximately 200 lawsuits in the state and federal courts of Michigan involving claims for payment of disability, life and accidental death insurance benefits. His practice involves defense of businesses and insurance companies in these cases. Mr. Smith has handled more than 100 cases involving claims for long-term disability benefits under group insurance policies regulated by the Employee Retirement Income Security Act of 1974 (ERISA). Mr. Smith has litigated approximately 20 of those cases to judgment in favor of his clients. Mr. Smith has also handled cases involving individual disability policies in both the federal and state courts in Michigan and has handled cases (both ERISA and non-ERISA) involving claims for payment of life insurance and accidental death benefits. Professional Affiliations and ActivitiesMr. Smith is a member of the State Bar of Michigan and the Grand Rapids Bar Association and has been actively involved with pro bono committees for both. Articles and PresentationsMr. Smith is a frequent speaker on environmental law topics to various organizations in West Michigan. Community ActivitiesMr. Smith currently serves on the board of directors for Legal Aid of Western Michigan as vice president and is a past president. EducationMr. Smith received his law degree, magna cum laude, from the University of Michigan Law School in 1974, where he was a member of the Order of the Coif. He received his undergraduate degree from the University of Michigan in 1970. After graduating from law school, he served as a law clerk for the Honorable Albert J. Engel on the United States Court of Appeals for the Sixth Circuit from 1974 to 1976. Mr. Smith is admitted to practice in the United States Supreme Court, the Sixth Circuit Court of Appeals, the U.S. District Courts for the Eastern and Western Districts of Michigan and the Michigan state courts.
Bar Admissions
Michigan, 1974
Education
University of Michigan Law School (1974, J.D.)
magna cum laude
University of Michigan (1970, B.A.)
Professional Associations and Memberships
State Bar of Michigan
Grand Rapids Bar Association
Legal Aid of Western Michigan, Board of Directors, Executive Committee Vice President
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