Lita M. Popke , Retired Judge, Wayne County Circuit Court
Availability:
General Biography
Practice Areas & Industries
Business Commercial
Cannabis
Class Action & Mass Tort
Construction
Employment Law
Family Law
Personal Injury
Real Estate & Real Property
Supply Chain Litigation
Honors, Memberships, and Professional Activities
Background and Education
Lita Masini Popke, Retired Judge, Wayne County Circuit Court, joins JAMS in Detroit after a distinguished 20-year career as a Wayne County (Mich.) Circuit Court judge, including serving Chief Judge pro tem, member of the Executive Committee and as presiding judge in the Family Law Division.
Judge Popke spent six years on Wayne County’s Business Court, where she was known for efficiently managing the complex litigation before her, taking a hands-on approach to practical and cost-conscious solutions.
Judge Popke believes that alternative dispute resolution gives parties control over their matter with meaningful settlements that might not be available in court. She is an adept problem solver with a keen ability to identify paths to settlement.
ADR Experience and Qualifications
- Business court leader and frequent user of facilitation processes on the bench
- Mediator, 1992–2000
- Strong record of work in domestic relations, including work with Michigan’s Friend of the Court system, which assists the court by enhancing opportunities for settlement of custody issues
Discovery Master/Facilitator (Complex litigation including Business Disputes, Automotive, Construction, and Product Liability)
- Monitored, mediated and ruled on Discovery with the parties to develop a case management order to move cases forward in an efficient and cost-effective way and to resolve discovery, privilege/work product protection and electronic discovery disputes
- Numerous referrals from State and Federal Courts to handle complex discovery disputes in major litigation
On the Bench
- 20 years on the Circuit Court bench during which she represented the court in funding negotiations and trial with the County including mediation at the Court of Appeals and privately, following a successful Trial verdict. Most importantly, she was engaged in the settlement of the cases she handled solidifying her reputation in Detroit, as she consistently took extra time to meet with counsel and parties—an important reason her reputation in the region is so strong. Attended and presented mediation programs at the local and state level. Judge Popke has also held roles on the Docket Management Committee and was actively involved in the Friend of the Court and the Business Court.
Representative Matters
- Business Commercial
At JAMS, Judge Popke has handled various cases including:
- Mediated disputes arising out of mergers and acquisitions, post-acquisition integration and accounting, including alleged fraud and corporate disclosure issues
- Mediated non-competition agreement and the Michigan statute (MCL 445.774a), trade secret issues and prohibition against solicitation
- Mediated shareholder oppression
As a Judge, Judge Popke adjudicated a wide range of complex business matters during her tenure on the Wayne County Circuit Court and has a strong record of affirmance on appeal, including in the following areas:
- Analysis of non-competition agreement and the Michigan statute (MCL 445.774a), trade secret issues and prohibition against solicitation
- Determination of reasonable attorneys’ fees and attorney’s lien after withdrawal from case Noncompete agreement, tortious interference, unfair competition and civil conspiracy allegations between former employee, former employer and new employer
- Warranty dispute between manufacturer and purchaser of heavy-duty truck involving claims of fraud and misrepresentation, breach of express and implied warranties, and revocation of acceptance
- Approval of class action settlement, including an analysis of fairness, reasonableness and adequacy in the Compuware shareholder litigation
- Adjudication of a matter involving the general retirement system of the City of Detroit
- Litigation involving member disputes over ownership and dissolution of companies engaged in legal cannabis sales
- Cannabis
- Handled numerous cases involving disputes with Cannabis owners, partners shareholders regarding consulting agreements, licensing agreements, ownership, product disputes, businesses divorces, leasing disputes
- Class Action & Mass Tort
- As a mediator and arbitrator, mass tort class action involving a major automotive company's allegedly defective product
- Class Action opt out for national consumer products
- Major dispute between merchants and credit card companies involving major consumer and retail company
- Construction
- In private practice, handled construction and surety disputes involving public university systems and private contractors under the Michigan Construction Lien Act and The Miller Act
- Adjudicated construction defect cases involving liability of general contractor, architect, engineer, subcontractors, suppliers and sureties
- Employment Law
At JAMS, Judge Popke has handled various matters in employment cases:
- As mediator, oversaw several cases alleging employment discrimination within multiple hospital systems
- As a mediator, negotiated and finalized the severance agreement for an international executive serving as president and CEO of an automotive supplier
- Negotiated severance agreement for major automotive company executive
- As a mediator, managed claims of racial, gender, and age discrimination, along with hostile work environment allegations, brought against a nationwide mortgage institution
On the Bench, as an active trial court judge, Judge Popke presided over a wide range of employment disputes involving:
- International dispute between a Mexican operations executive and a Michigan auto manufacturer involving determination of applicability of Mexican law, alleged breach of employment contract, ELCRA claim and taxation of costs
- Trial of employee against corporation for wrongful discharge and whistleblower claims
- Litigation by a CEO and principal of a high school for breach of contract, whistleblower claims, intentional litigation by a CEO and principal of a high school for breach of contract, whistleblower claims, intentional interference and defamation
- Litigation against city for race discrimination and wrongful discharge
- Trial of race discrimination case by dancers against a strip club resulting in verdict
- Claims for hostile work environment and retaliation against major automotive company
- Litigation for national origin discrimination
- Family Law
In her role as presiding judge for the Family Law Division bench, routinely addressed property division, custody and parenting time including the following issues:
- Valuation and distribution of business assets
- Custody and Parenting time disputes
- Spousal support
- Personal Injury
- Handled a Daubert hearing in a medical malpractice matter with substantial expert testimony, ultimately helping the parties reach a settlement prior to a ruling
- Presided over legal malpractice, malicious prosecution, and attorney fee trials and medical malpractice trials
- Product liability and negligence claim disputes with various manufacturers and suppliers
- Catastrophic personal injury and wrongful death dispute including wrongful death allegation arising from trucking accident
- Real Estate & Real Property
- Nuisance dispute between city and developer of project in downtown Detroit
- Dispute between township and neighboring landfill
- HOA Disputes between condominium associations and homeowners
- Commercial Lease disputes
- Supply Chain Litigation
- Mediated broad range of business interruption commercial disputes including procurement and supply chain problems
- Supply Chain disputes between Tier 1,2 and 3 supplier
- Disputes between suppliers and OEM manufacturers
Honors, Memberships, and Professional Activities
- Co-Chair of the ABA Business Law Section Subcommittee on Business Divorce
- State Bar of Michigan: Business Law Section, Board Council member
- Detroit Bar Association, Foundation Board Member
- Madonna College, Paralegal Studies Advisory Board Member
- Schoolcraft College Development Board Member
- Board Member, Mediation Tribunal Association, 2009–2013
- The Mediation Tribunal Association, Inc. (MTA) is a non-profit corporation that provides ADR services under Michigan Court Rules MCR 2.403, MCR 2.404, MCR 2.410, MCR 2.411, and MCR 3.216
- American Bar Association
- Business Court Representative, Business Law Section, 2019–2021
- Past Member, Fidelity and Surety Law Committee
- Member, American College of Business Court Judges, 2015–2021
- President, Vice-President, Secretary and Treasurer; Michigan Judges Association; 2005-2021
- State Bar of Michigan
- Member, Judicial Section, 2008–2021
- Treasurer, 2008
- Member, Committee on Civil Discovery Rules, Subcommittee on Scope and Course of Discovery, 2017–2019
- Former Member, ADR Subcommittee on Business Disputes, 2008–2017
- Member, Child Support Leadership Council (by appointment of the Michigan Supreme Court), 2004–2009
- Former Member, Michigan Judicial Institute Academic Advisory Committee
- Former Faculty Member, Michigan Judicial Institute, New Judges Seminar
- Former Member, Dads from Day One Advisory Board
- Member, Michigan State Board of Ethics, 1992–2000
- Member, Schoolcraft College Development Board Authority, 2002–present
- Catholic Central High School
- Mentor, Moot Court, 2013–2015
- Member, Mothers’ Club Board of Directors
- Former Member, Oakland County Bar Association
Bar and Affinity Group Memberships
- Current Member, Detroit Bar Association
- Past Member, Irish American Lawyers Association
- Past Member, Catholic Lawyers Association
- Past Member, Women Lawyers Association of Michigan
- Past Member, Federalist Society
Admissions
- State Bar of Michigan, 1983
- United States District Court for the Eastern District of Michigan, 1983
- United States Court of Appeals for the Sixth Circuit, 1987
- United States District Court for the Western District of Michigan, 1992
- Supreme Court of the United States, 1996
Background and Education
- Judge, Wayne County Circuit Court, 2000–2021
- Civil Division, 2012–2021
- Business Court, 2015–2021
- Chief Judge Pro Tem, 2009-2013
- Executive Committee, 2005–2013, 2016–2018
- Presiding Judge, Family Division, 2005–2007
- Attorney, Private Practice, 1983–2000
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Detroit, Michigan
150 West Jefferson, Suite 1600, Detroit, MI 48226
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