Overview
Brandon Schumacher is a trial attorney in the Lansing office who began litigating well beyond his years from the start of his career. He regularly first chairs complex commercial, administrative, and regulatory disputes from case initiation to disposition by motion or settlement and, he has tried eight cases. These cases include jury and bench trials, arbitrations, and a complex administrative proceeding that lasted 21 days, involved 14 witnesses and over 100 exhibits.
Brandon has assisted clients with a wide variety of disputes in different stages: those in administrative investigations, those requiring responses to regulatory actions, those in pre-suit, those in litigation, including defending six class actions and “bet the company” situations, and those in appeals. Most of his work falls within the following areas:
- Business and Commercial Litigation: Contract disputes; uniform commercial code matters; trade secrets, non-compete, and non-solicitation litigation; commercial leases; business governance and ownership disputes; commercial real property and land use litigation; receiverships and high-value collection claims; and business torts.
- Construction Litigation: Licensure disputes; construction lien act claims; Builders Trust Fund Act actions; workmanship and warranty disputes; contract disputes relating to owners, general contractors, subcontractors, and suppliers; bidding and bonding in public projects; public procurement law; and the Michigan Condominium Act, including co-owner, HOA, and developer disputes.
- Administrative: Regulatory and compliance; representation before state and federal administrative agencies, including declaratory judgments, investigations, and licensing disputes. Brandon regularly represents the following industry players in these matters: insurance; construction; financial institutions; cannabis; agri-business; and environmental.
- Insurance Regulation and Compliance: General and corporate counsel; agency-carrier relations and agreements; reinsurance agreements; and regulatory-carrier relations and disputes.
Regions of Practice - The bulk of Brandon’s practice is based in Southeast Michigan, Mid-Michigan, and West Michigan, but he routinely works with clients throughout the state, including cases in the upper peninsula and northern lower peninsula. Many of his out-county matters involve real property issues, including commercial construction disputes.
Brandon has also appeared pro hac vice in a case in California.
Growing up in Michigan’s Thumb (Huron County), a predominantly agricultural community, Brandon learned the value of a hard day’s work and the necessity of taking pride in his craft. While in high school he put those skills into practice and achieved the rank of Eagle Scout. He continues to apply the life lessons and skills of his upbringing on a daily basis, often starting his day well before sunrise to work on client matters.
Brandon and his wife have two young children who monopolize most of his non-work time - - family time typically involves outdoor activities. As an avid outdoorsman, Brandon enjoys sporting clays shooting, fishing, and kayaking.
Honors & Recognitions
'Go To Lawyer' in Construction Law, Michigan Lawyers Weekly, 2023
Michigan Super Lawyers "Rising Star," Business Litigation, 2023-2024
Volunteer Award Recipient, Michigan Defense Trial Counsel, 2022
Affiliations
Memberships & Affiliations
Legal Affiliations
- State Bar of Michigan
- Michigan Defense Trial Counsel (MDTC)
- Co-Chair, Young Lawyers Section (YLS), 2023
- Member, YLS Education
- Member, Legal Excellence Awards Committee
- Ingham County Bar Association
- Young Lawyers Section, Board Member
- MSU College of Law for Careers in Litigation, Presenter
- Associated General Contractors of Michigan
- Member, Legal Advisory Committee
- Michigan Insurance Hall of Fame
- Sponsor and Participant
Experience
Representative Matters
Below are some highlights of Brandon’s litigation successes:
- In a unanimous opinion issued April 13, 2023, the Michigan Court of Appeals held in favor of the City of East Lansing in a class-action lawsuit related to electric franchise fees. Heos v City of East Lansing, Court of Appeals Case Nos. 361105, 361138. The Court of Appeals reversed earlier decisions of the Ingham County Circuit Court, which had granted summary disposition to plaintiff James Heos and other similarly situated Board of Water and Light customers. The Court of Appeals directed the circuit court to instead enter summary disposition in favor of the City on remand.
In reaching this decision, the Court of Appeals held that plaintiff’s claim under the Headlee Amendment to the Michigan Constitution and his similar equitable claims were untimely because they were not filed within one year after the franchise ordinance was adopted. The Court of Appeals further held that plaintiff could not bring an action under the 1905 Foote Act because the Foote Act only applies to electric utility providers, not electric customers. Consequently, the City was entitled to dismissal of all of plaintiff’s claims. The opinion is available online here: https://www.courts.michigan.gov/497287/siteassets/case-documents/uploads/opinions/final/coa/20230413_c361105_34_361105.opn.pdf. - Successfully advocated for a $20 million judgement to be overturned against a client in which the client was sued by a lender after an apartment complex construction went overbudget and the client guaranteed to cover completion costs above and beyond the original budget. Despite recouping the guaranty amount through foreclosure, the company still sued but because the lawsuit amounted to impermissible double recovery, the judgment was reversed in favor of the client.
- Defended the County of Muskegon in a multi-million dollar breach of contract case filed against the County by a former IT vendor. At trial, the vendor sought damages for all outstanding payments under two previously-terminated IT services contracts (approximately $4 million), as well as lost business value and profits on related sales (approximately $12.2 million). The County retained the firm just months before the damages-only trial. The vendor’s judgment was significantly limited, and no damages were awarded for lost business value or lost sales.
- Filed an amicus brief on behalf of the Michigan Health and Hospital Association in both state and federal court in connection with COVID-19 litigation against the State of Michigan and MDHHS.
- Successfully represented an entrepreneur in defending a COVID-19 related business dispute. The entrepreneur paid no money to the plaintiff and the case was dismissed.
- Advocated for a Michigan trial court to imply a civil cause of action for violation of Michigan’s anti-bribery/anti-kickback statute (MCL 750.125), which from the firm’s research was the first time the statute had been used and applied in a civil case.
- Convinced the Michigan Court of Appeals to grant leave to appeal a post-judgment issue of first impression in Michigan and to stay collection proceedings of a $14 million judgment in a commercial litigation while the case was pending appeal.
- Obtained summary disposition in state court of:
- Claims exceeding $300,000, plus the plaintiff’s attorney fees, against a Michigan financial institution at the beginning of the case and before expending substantial sums of money on drawn out litigation.
- A $1.4 million counterclaim for breach of contract and simultaneously won a $30,000 judgment in favor of the client.
- An HOA’s $100,000 claims against a condominium developer at the beginning of the case before drawn out litigation.
- Construction lien and breach of contract claims against a property owner.
- Due Process, nuisance, and declaratory judgment claims against a Michigan municipality by a real estate developer.
- Won a motion to dismiss in federal court regarding a plaintiff’s First Amendment and Due Process claims against a Michigan municipality’s zoning administrator.
- Secured favorable settlements for:
- A trucking company relating to a cargo claim dispute with exposure exceeding $500,000, plus the opposing party’s attorney fees. After filing a dispositive motion regarding all of the opposing party’s claims, the case settled for $18,000.
- A billboard company that had wrongfully been denied the right to construct a billboard within a municipality’s jurisdiction.
- A property owner in connection with a property line dispute without litigation and with $20,000 payment to the client.
- Tried and won a $23,000 judgment in favor of a commercial landlord.
Communications
Publications
- Governor Whitmer Announces Name Change to Marijuana Regulatory Agency, Foster Swift Litigation E-blast, February 17, 2022
- 2019 Updates to GAAMP, Foster Swift Agricultural Law News, July 25, 2019
- Sending Williamson County Out to Pasture: State Court Exhaustion No Longer Required for Federal Takings Claims, Foster Swift Agricultural Law News, July 24, 2019
- Opening Pandora’s Hotbox: Residential Landlords and Proposal 1, Foster Swift Finance Real Estate & Bankruptcy Law News, May 24, 2019
News & Events
Speaking Engagements
- Litigation Series: What To Know If You Are Planning To Sue, Foster Swift Second Wednesday Morning Break, July 13, 2022
- The Good Debt Collector, Michigan Defense Trial Counsel (MDTC), June 23, 2021
- Bidding on Public Projects, Construction Law for Public Projects Seminar: HalfMoon Education Inc., November 13, 2019
- Public Procurement Law Applicable to Construction Contracting, Construction Law for Public Projects Seminar: HalfMoon Education Inc., November 13, 2019
News
- Foster Swift Elects Four Shareholders for 2025, Ingham County Legal News, January 14, 2025
- 17 Attorneys Selected to 2024 Michigan Super Lawyers and “Rising Stars”, Michigan Super Lawyers, August 12, 2024
- 17 Attorneys Selected to 2023 Michigan Super Lawyers and “Rising Stars”, Michigan Super Lawyers, August 11, 2023
- Schumacher Listed as New “Rising Star” in Super Lawyers 2023, Michigan Super Lawyers, August 11, 2023
- City of East Lansing Prevails in Electric Franchise Fee Appeal, April 14, 2023
- 20 Million Dollar Judgment Overturned, Foster Swift Business & Tax Law News, August 17, 2022
- Litigation Series Focuses on the Ins & Outs of Lawsuits, August 10, 2022
Media
Practice Areas
- Administrative Law
- Agri-Business
- Appellate Practice
- Bankruptcy & Restructuring
- Business & Commercial Litigation
- Cannabis Law
- Collections / Creditor - Debtor Rights
- Commercial Litigation
- Construction Law
- Employment Litigation
- General & Commercial Litigation
- Real Estate Law
- Transportation Law
- Zoning & Land Use
Education
Michigan State University College of Law, J.D., 2018, summa cum laude
Aquinas College, B.A., Political Science and Mathematics, 2015, cum laude
Bar and Court Admissions
Michigan
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan