Mr. Bracken is engaged primarily in general commercial litigation including oil and gas litigation, condemnation, construction, land use and employment. He has represented interest owners in a number of oil and gas litigation matters. He was the lead litigator for an extensive right-of-way condemnation project involving in excess of 1,000 tracts of land and dozens of condemnation cases. Mr. Bracken has over 25 years' experience in contract negotiation and litigation for construction projects.

Representative Experience

  • Lead counsel for a company which constructed a natural gas pipeline across Michigan. Litigated property access, condemnation and restoration disputes; supervised client personnel; and conducted settlement negotiations
  • Trial counsel for various major and independent oil and gas well exploration companies and operators and interest owners, involving property access and restoration, post-production cost challenges, interest and royalty disputes, and well-site performance issues
  • Part of litigation team which defended issuance by state of mining and wastewater discharge permits for Upper Peninsula mine in longest contested case hearing in state history
  • Trial counsel for international construction firm involving claim for extras caused by deficient soil borings on state project. The case was resolved by a substantial settlement favorable to the client

Honors and Awards

  • Best Lawyers in America, Commercial Litigation, Eminent Domain and Condemnation Law, Litigation-Construction, Litigation-Environmental, 2009-2012
  • Named to Michigan Super Lawyers - 2011
  • AV rating by Martindale-Hubbell
  • Life Member of the National Registry of Who's Who in American Law
  • Received the Fielding H. Yost Award for athletic and academic achievement from the University of Michigan

Bar Associations

  • American Bar Association
    Litigation Section
  • State Bar of Michigan
    Real Property Law Section
  • Ingham County Bar Association
    Approved panelist, Ingham County Commercial Case Evaluation Panel, 1987-Present

Teaching and Lecturing

  • Has lectured to various trade associations regarding construction contracts, private lien and public bond construction claims, and topical oil and gas issues
  • Instructor of Trial Practice, Cooley Law School, 1984-85

Publications

  • Coauthor: "Landmen:  Employees or Independent Contractors? Finding a Safe Haven," Eastern Mineral Law Foundation, Vol. 11, 1990

 Reported Cases 

  • Terra Energy Ltd v State of Michigan, 241 Mich App 393; 616 NW2d 691 (2000); lv den 463 Mich 994 (2001)
  • Performance Abatement Services, Inc v Lansing Board of Water and Light, 168 F Supp 2d 720 (WD Mich 2001)
  • Omega Construction Company, Inc v Altman, 147 Mich App 649 (1985); lv den 425 Mich 877 (1986)
  • Omega Construction Company, Inc v Altman, 667 F Supp 453 (WD Mich 1987)

    Community Affiliations

    • Ele's Place
    • Hospice of Lansing
    • Northwest Lower Michigan Synod of the Evangelical Lutheran Church in America
    • University Lutheran Church
    • University of Michigan Alumni Club of Lansing

    News

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