Lita M. Popke Retired Judge, Wayne County Circuit Court, JAMS Mediator and Arbitrator

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 service as chief judge pro tem 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 litigation before her, taking a hands-on approach to practical and cost-conscious solutions.

On the family law bench, Judge Popke championed the needs of families. During her 12 years of service in Wayne County’s Family Law Division, she enhanced the credibility of the family court system for both attorneys and litigants by taking action on referee reporting requirements, promoting federally funded programs for father involvement and as a member of the Child Support Leadership Council.

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
Board Member, Mediation Tribunal Association, 2009–2013
Mediator, 1992–2000
Member, Committee on Civil Discovery Rules, Subcommittee on Scope and Course of Discovery, 2017–2019
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

Representative Matters

Business Commercial

Judge Popke adjudicated a wide range of matters during her tenure on the Wayne County Circuit Court and has a strong record of affirmance on appeal, including in the following areas:

Approval of disclosure-only 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
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
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
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
Evidentiary rulings regarding admissibility of emails in a business defamation matter and conversion of business case
Analysis of non-competition agreement and the Michigan statute (MCL 445.774a), trade secret issues and prohibition against solicitation
Supply chain litigation
Election issues, including residency claim against candidate for mayor of Detroit
Daubert hearing in medical malpractice case with extensive expert testimony; negotiated a settlement with the parties before ruling on the Daubert issue
In private practice, handled construction and surety disputes involving public university systems and private contractors
Adjudicated construction defect cases involving liability of general contractor, architect, engineer, subcontractors, suppliers and sureties
Litigation involving member disputes over ownership and dissolution of companies engaged in legal cannabis sales

Employment Law

In the Civil Division, Judge Popke dealt with the following representative matters in employment cases:

Trial of employee against corporation for wrongful discharge and whistleblower claims
Assisted in settlement of litigation by a CEO and principal of a high school for breach of contract, whistleblower claims, intentional interference and defamation
Matter involving age discrimination, retaliation, disparate impact by executive against major automotive company
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
Racial discrimination and hostile work environment claims against a state corrections authority
Suit by former county executive for wrongful discharge, whistleblower claims and intentional infliction of emotional distress
Litigation for national origin discrimination

Family Law

On the Family Law Division bench, Judge Popke routinely addressed the following issues:

Allocation of parenting responsibilities in all kinds of cases
Parenting time
Relocation of children from the vicinity of the family’s original home
College contribution
Division of executive compensation
Provision and modifications of maintenance to one spouse
Valuation and distribution of personal property collections
Allocation of family debts

Honors, Memberships, and Professional Activities

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

Past Member, Detroit Metropolitan 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

Selected Speaking Engagements

Speaker; Symposium on Corporate Oppression Actions; Wayne State University; 2019, 2020
Speaker, “How to Perfect an Appeal and Address Issues of Consequence to the Court at All Three Levels,” NEXT Conference, State Bar of Michigan/Institute for Continuing Legal Education, 2017
Speaker, Annual Conference, Michigan Defense Trial Counsel, 2017