John Bursch chairs the Firm's Appellate Practice Group and has represented multinational corporations and individuals throughout the country in courts at the highest level. John was recently selected by his peers for inclusion in The Best Lawyers in America® 2009 in the field of Commercial Litigation; has been named by Michigan Super Lawyers magazine as a 2008 Rising Star for Appellate Practice; and is AV-rated, the highest possible, under Martindale-Hubbell's Peer Review Rating System. Representative clients include some of the nation’s most respected organizations, including Alticor, BorgWarner, Boy Scouts of America, Chicago Title Company, CMS Energy, DTE Energy, Robert Bosch Corporation, Spartan Stores, Wells Fargo Financial Leasing, and Whirlpool.

In the past six years, John has:

• Participated in 11 U.S. Supreme Court cases, including successful cert. petitions in each of the Court’s last two Terms;
  
  
• Presented oral argument in the 4th, 5th, 6th, and D.C. Circuit Courts of Appeal, including successful representation of a Fortune Global 150 corporation in a billion-dollar intellectual property dispute and reinstatement of a lawsuit that resulted in a $42 million judgment for clients;
  
  
• Appeared in more than 50 Michigan Court of Appeals matters, including successful defenses in a billion-dollar securities class action and of a former Michigan gubernatorial candidate;
  
  
• Participated in numerous Michigan Supreme Court cases, arguing twice in the Michigan Supreme Court during its 2006-07 term; and
  
  
• Submitted amicus curiae briefs on behalf of the Michigan State Bar's Real Property Law Section, the State Bar's Probate & Estate Planning Section, the State Bar's Appellate Practice Section, the Michigan Manufacturers Association (MMA), the Michigan Defense Trial Counsel Inc. (MDTC), the Defense Research Institute (DRI), the Product Liability Advisory Council (PLAC), the Michigan Bankers Association (MBA), The Right Place, Inc., the Michigan Aggregates Association (MAA), the City of Grand Rapids, and three States.

John serves in leadership positions for a number of appellate bar associations, including Chair-Elect of the ABA’s Council of Appellate Lawyers (CAL), Publications Chair of the ABA Judicial Division’s Appellate Judges Conference (AJC), and Co-Chair of the Supreme Court subcommittee of the ABA’s Section of Litigation. John has served as an officer for both the Michigan State Bar’s Appellate Practice Section and the Hispanic Center of Western Michigan’s Board of Directors, and he is a member of the Michigan Supreme Court Advocates Guild.

John is also a co-creator of and regular contributor to the One Court of Justice Blog, the leading blog analyzing Michigan’s appellate courts. You can visit the Blog at www.ocjblog.com.

Representative Experience

• Appellate Procedure
  • Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Michigan Gambling Opp’n, No. 08-A184 (U.S. Sup. Ct. 2008) (Chief Justice Roberts affirmed D.C. Circuit’s grant of a stay pending decision on client’s petition for certiorari)
  • Michigan Ass’n of Home Builders v. Director of Dept. of Labor & Econ. Growth, 750 N.W.2d 593 (Mich. 2008) (the Michigan Supreme Court followed reasoning and result advocated in amicus curiae brief submitted on behalf of the Michigan Manufacturers Association (MMA) in case involving an administrative agency’s ability to supplement the administrative record) (Amicus Brief)
  • Houdini Properties, LLC v City of Romulus, 743 N.W.2d 198 (Mich. 2008) (the Michigan Supreme Court followed reasoning and result advocated in amicus curiae brief submitted on behalf of the State Bar's Appellate Practice Section that a claim of appeal from an adverse zoning decision is not a "pleading" subject to joinder rules) (Amicus Brief)
  • Sadowy v. Detroit Edison Company, 739 N.W.2d 87 (Mich. 2007) (persuaded the Michigan Supreme Court, on an expedited basis, to order the Michigan Court of Appeals to hear an interlocutory appeal from an adverse summary disposition ruling in a multimillion-dollar stray voltage dispute)
  • Morales v. Auto-Owners Ins. Co., 672 N.W.2d 849 (Mich. 2003) (successful amicus curiae representation in the Michigan Supreme Court’s decision to overrule long-standing line of authority denying statutory prejudgment interest during interlocutory appeal periods, resulting in $7 million benefit to client) (Amicus Brief)
• Automotive
  • NSK Corp. v. Robert Bosch Corp., 2009 WL 454940 (persuaded the Michigan Court of Appeals to compel arbitration in an automotive supply dispute)
  • Robert Bosch Corp. v. ASC Inc., 2006 WL 2595301 (6th Cir. 2006) (persuaded the Sixth Circuit to bind party to standard terms and conditions that it had never seen or received)
  • Participated in non-binding "trial" in automotive recall dispute on behalf of Fortune 100 Tier I automotive supplier, resulting in favorable settlement of a $750 million dispute with the OEM
  • American Bumper & Mfg. Co. v. TransTechnology Corp., 652 N.W.2d 252 (Mich. Ct. App. 2002) (Michigan Court of Appeals used section 2-607 notice provision of the Uniform Commercial Code to dismiss $9 million claim against parts supplier arising out of an automotive recall)
• Bankruptcy
  
  • Ad Hoc Comm. of Series A Convertible Shareholders v. Lothian Oil, Inc., No. MO-08-CA-074-H (W.D. Tex. 2009) (successful assertion of the equitable mootness doctrine, resulting in affirmance of a bankruptcy court's confirmation order approving a contested, multi-million-dollar settlement agreement)
    
• Business/Contract Litigation
  • McKay Consulting, Inc. v. St. John Health, 2009 WL 127664 (Mich. Ct. App. 2009) (successfully affirming jury verdict in $10 million breach of contract dispute)
  • Metro v. Amway Asia Pacific Ltd. et al., 2006 WL 2035510 (Mich. Ct. App. 2006) (persuaded Michigan Court of Appeals to reject $1 billion claim in class litigation alleging oppression and breach of fiduciary duty in a squeeze out)
  • Lawnicki v. Wells Fargo Financial Leasing, Inc., 2006 WL 2685136 (Mich. Ct. App. 2006) (the Michigan Court of Appeals upheld validity of a complex commercial financing transaction)
  • Irish v. Natural Gas Compression Systems, Inc., 2006 WL 2000132 (Mich. Ct. App. 2006) (persuaded the Michigan Court of Appeals to reject plaintiff’s million-dollar claim for shareholder oppression arising out of a merger)
  • Ninowski v. McConnell, 2005 WL 2372071 (Mich. Ct. App. 2005) (the Michigan Court of Appeals affirmed dismissal of claims that alleged fraud and the invalidity of a corporate merger)
  • Buist v. Van Haren Elec., 2004 WL 2291354 (Mich. Ct. App. 2004) (the Michigan Court of Appeals affirmed summary disposition on former executive's breach of contract claim for share of corporate profits) 
• Constitutional Law
  • Moore v. Detroit Enter., L.L.C., __ N.W.2d __, 279 Mich. App. 195 (Mich. Ct. App. 2008) (the Michigan Court of Appeals affirmed trial court verdict, holding that casino’s private security personnel were acting under color of state law when they violated the plaintiff’s constitutional rights)
  • Engquist v. Oregon Dep’t of Agriculture, 128 S. Ct. 977 (2008) (successful cert. petition in case involving a class-of-one equal protection claim)
  • Wallace v. Kato, 127 S. Ct. 1091 (2007) (co-counsel in U.S. Supreme Court case regarding the time when a claim for unlawful arrest accrues)
  • Czymbor's Timber v. City of Saginaw, 733 N.W.2d 1 (2007) (Michigan Supreme Court vacated adverse Court of Appeals decision, paving the way for regulatory amendments that will result in the preemption of local laws client seeks to displace)
  • CETAC v. Kempthorne, 492 F.3d 460 (D.C. Cir. 2007) (represented citizens group challenging federal government's land-in-trust decision)
  • TOMAC v. Michigan, 732 N.W.2d 487 (Mich. 2007) (represented citizens group challenging Michigan Governor's amendment of a compact as violative of the constitutional separation of powers)
  • Cuno v. DaimlerChrysler Corp., 126 Sup. Ct. 1854 (2006) (successful amicus curiae representation in U.S. Supreme Court’s decision to vacate Sixth Circuit decision that held investment tax credits unconstitutional) (Amicus Brief)
• Environmental
  • Beaulier v. Ford Motor Co., 2008 WL 4367541 (Mich. Ct. App. 2008) (the Michigan Court of Appeals affirmed dismissal based on the statute of limitations of a claim for environmental contamination)
  • ITT Indus. v. BorgWarner, Inc., 506 F.3d 452 (6th Cir. 2007) (in this multimillion-dollar cleanup dispute, the Sixth Circuit held, in a landmark ruling, that an administrative order by consent (AOC) is not a basis for a contribution action under CERCLA Section 113)
  • Beauchamp v. Ford Motor Co., 2005 WL 1229749 (Mich. Ct. App. 2005) (the Michigan Court of Appeals affirmed dismissal of multimillion dollar class action seeking damages for environmental contamination)
  • Preserve the Dunes, Inc. v. MDEQ, 684 N.W.2d (Mich. 2004) (the Michigan Supreme Court followed reasoning and result advocated in amicus curiae brief submitted on behalf of the Michigan Aggregates Association (MAA) in case involving the scope of the Michigan Environmental Protection Act) (Amicus Brief)
• Financial Institutions
  • Koons Buick Pontiac GMC, Inc. v. Nigh, 125 S. Ct. 460 (2004) (successful amicus curiae representation in U.S. Supreme Court’s decision to overrule Fourth Circuit and interpret the Truth In Lending Act as capping damages for non-mortgage, non-lease violations of the Act)  (Amicus Brief)
  • Weston v. AmeriBank, 122 S. Ct. 1172 (2002) (successfully opposed petition for certiorari to the United States Supreme Court in class action alleging Truth In Lending Act (TILA) violations, drafting and filing the opposition brief on only four days' notice from client)
  • Hayner v. Old Kent Bank, 2002 WL 227016 (Mich. Ct. App. 2002) (collaborated with another WNJ attorney to uphold dismissal of a Michigan Consumers Protection Act claim filed against a financial institution)
• Intellectual Property
  • In re Sealed Appellant, 2007 WL 4245417 (5th Cir. 2007) (represented one Global Fortune 150 company against another in persuading the Fifth Circuit to reject a 28 U.S.C. § 1782 discovery request for use in a billion-dollar licensing dispute pending in German court)
  • Strong Sales, Inc. v. Vriesman, 2007 WL 2379516 (Mich. Ct. App. 2007) (Michigan Court of Appeals affirmed jury verdict in breach of warranty case involving defective software system)
  • Saginaw Valley Neurosurgery, P.C. v. Adams (Mich. Ct. App. 2004) (denying application for leave and preserving preliminary injunction enforcing covenant not to compete with neurosurgeons’ professional corporation)
  • Wrench LLC v. Taco Bell Corp., 256 F.3d 446 (6th Cir. 2001) (worked with a WNJ team to successfully reinstate lawsuit in the Sixth Circuit for theft of the Taco Bell Chihuahua ad campaign, which ultimately resulted in $42 million judgment in favor of clients)
• Labor and Employment
  
  • Brooks v. Gill Indus., Inc., 2008 WL 1914795 (Mich. Ct. App. 2008) (the Michigan Court of Appeals affirmed dismissal of employment claims for retaliation, tortious interference with contract, and slander)
• Personal Injury/Insurance
  • Benefiel v. Auto-Owners Ins. Co., ___ N.W.2d ___ (Mich. 2008) (as amicus curiae, persuaded the Supreme Court to hold that a plaintiff who suffers successive injuries bears the burden of proving that a current injury was caused by the subject accident, not by some independent occurrence) (Amicus Brief)
  • Kenny v. Pioneer State Mut. Ins. Co., 2008 WL 3851837 (Mich. Ct. App. 2008) (the Michigan Court of Appeals affirmed a trial court judgment involving no-fault personal protection insurance benefits)
  • Bristol West Ins. Co. v. Smith, 2007 WL 397161 (Mich. Ct. App. 2007) (the Michigan Court of Appeals affirmed multiple attorney fee awards under Michigan's No-Fault Act and as sanctions for insurer's failure to pay personal injury protection benefits; successfully petitioned the Court of Appeals for appellate fees and punitive damages)
  • Talbot v. RT Detroit Franchise L.L.C., 2006 WL 1084402 (Mich. Ct. App. 2006) (hired by trial counsel and persuaded the Michigan Court of Appeals to reverse adverse summary disposition ruling in premises liability dispute)
• Real Estate
  • Tomecek v. Bavas, 759 N.W.2d 178 (Mich. 2008) (ruling in favor of clients in real estate dispute involving the Land Division Act and implied utility easements of necessity)
  • In re Egbert R. Smith Trust, 745 N.W.2d 754 (Mich. 2008) (Michigan Supreme Court adopted argument embodied in amicus curiae brief of the Michigan State Bar’s Real Property Law Section regarding irrevocable nature of a right of first refusal)
  • Smiley v. Grosse Pointe War Memorial Ass'n, 2008 WL 509874 (Mich. Ct. App. 2008) (successfully reversing adverse trial court decision in a multimillion-dollar dispute involving enforcement of a restrictive covenant)
  • United States v. Grossman, 501 F.3d 846 (7th Cir. 2007) (special appellate consultant in a successful appeal to the Seventh Circuit Court of Appeals from an adverse judgment involving a $2 million criminal forfeiture proceeding and Michigan's race-notice recording statute)
  • Randolph v. Reisig II, 727 N.W.2d 388 (Mich. Ct. App. 2006) (replaced trial court counsel and persuaded the Michigan Court of Appeals to overturn adverse summary disposition ruling that invalidated right of first refusal contained in a set of restrictive covenants, both for violating the rule against perpetuities and creating a contract of indefinite duration)
  • Consumers Energy v. Leo Beard, 699 N.W.2d 303 (Mich. 2005) (hired at application stage and persuaded the Michigan Supreme Court to overturn adverse decision in a multimillion-dollar dispute involving adverse possession and prescriptive easements)
  • Randolph v. Reisig I, 2003 WL 22049115 (Mich. Ct. App. 2003) (replaced trial counsel and persuaded the Michigan Court of Appeals to overturn adverse summary disposition ruling in real estate dispute involving the severability of invalid restrictive covenants contained in an association agreement)
• Tort/Product Liability
  • Schaendorf v. Consumers Energy II, 2009 WL 563904 (Mich. Ct. App. 2009) (Michigan Court of Appeals affirmed exclusion of expert witnesses on Daubert grounds and also affirmed dismissal of multi-million-dollar claim for damage allegedly caused by stray voltage)
  • Schaendorf v. Consumers Energy I, 739 N.W.2d 402 (Mich. Ct. App. 2007) (defended multi-million-dollar claim for damage allegedly caused by stray voltage; persuaded Michigan Court of Appeals to hold that the discovery rule cannot extend limitation periods for stray voltage claims; nuisance claims do not exist in the stray voltage context, because such cases present essentially product liability claims; and the continuing-wrongful-acts doctrine does not apply in stray voltage litigation)
  • Henry v. The Dow Chemical Co., 701 N.W.2d 684 (Mich. 2005) (the Michigan Supreme Court followed reasoning and result advocated in amicus curiae brief submitted on behalf of the Product Liability Advisory Council (PLAC) in case involving whether Michigan should recognize a cause of action for medical monitoring) (Amicus Brief)
• Trust & Estates
  • In re Howard J. Stoddard Trust, 2007 WL 4245406 (Mich. Ct. App. 2007) (Michigan Court of Appeals affirmed probate court's division of a trust into three separate trusts, over a trustee's objection and despite the absence of any language authorizing such a split in the trust instrument)
  • In re John Kotsonis Irrevocable Family Trust, 2007 WL 4126669 (Mich. Ct. App. 2007) (the Michigan Court of Appeals followed the reasoning and result advocated in an amicus curiae brief filed on behalf of the grantor of an irrevocable trust in a dispute involving reformation of the trust to remove a beneficiary) (Amicus Brief)
  • Sorkowitz v. Lakritz, Wissbrun & Assocs., PC, 706 N.W.2d 9 (Mich. 2005) (successful amicus curiae representation in the Michigan Supreme Court on behalf of State Bar's Probate and Estate Planning Section in decision extending the Mieras "four corners rule" to a legal malpractice claim challenging an estate planner's tax advice) (Amicus Brief)
  • In re Estate of Reisman, 702 N.W.2d 658 (Mich. Ct. App. 2005) (hired by lower court counsel and persuaded the Michigan Court of Appeals to reverse adverse decision interpreting Michigan's Powers of Appointment Act of 1967 as it applied to an appointment clause in a trust document)
  • Traxler v. Rothbart, 703 N.W.2d 796 (Mich. 2005) (successful amicus curiae representation in the Michigan Supreme Court on behalf of State Bar's Probate and Estate Planning Section in decision reversing the Michigan Court of Appeals and interpreting Mich. Comp. Laws § 700.7404 as it applies to purchasers of trust property) (Amicus Brief)
• Zoning
  
  • Laketon Township v. Advanse, Inc., 2009 WL 763447 (Mich. Ct. App. 2009) (the Michigan Court of Appeals reversed adverse trial court judgment, entered following a bench trial, and reaffirmed that the time for determining whether a noncomforming use vests in a property owner is the date the relevant zoning ordinance was enacted or amended)
  • Kyser v. Kasson Twp., 755 N.W.2d 190 (Mich. Ct. App. 2008) (successful amicus curiae representation of the Michigan Aggregates Association (MAA) in a case that invalidated Township’s exclusionary zoning policy) (Amicus Brief)
• U.S. Supreme Court Experience
  
  

  Case	Subject matter	Brief type
  Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Michigan Gambling Opposition, Case Nos. 08A-184 and 08-554 (U.S. Sup. Ct. 2008)	Nondelegation Doctrine; Statutory Interpretation	Mem. in Opp'n to Application to Vacate Stay; Petition for a Writ of Certiorari; Reply Brief in Support of Petition
  Engquist v. Oregon Dep’t of griculture, 128 S. Ct. 977, (2008) (cert. granted)	Equal Protection Clause; Punitive Damages; Takings Clause	Petition for a Writ of Certiorari; Reply Brief in Support of Petition
  Aurora Loan Servs., L.L.C. v. United States, 128 S. Ct. 1098, (2008)	Criminal Forfeiture; Due Process	Petition for a Writ of Certiorari
  Morgan v. Gay, 128 S. Ct. 66 (2007)	Class Action Fairness Act (CAFA); Removal	Amicus Brief
  Wallace v. Kato, 127 S. Ct. 1091 (2007)	Statute of Limitations; Accrual	Brief of Petitioner; Reply Brief
  Cuno v. DaimlerChrysler Corp., 126 S. Ct. 1854 (2006)	Dormant Commerce Clause	Amicus Brief
  TOMAC v. Michigan, 125 S. Ct. 1298 (2005)	Indian Gaming Regulatory Act (IGRA); Separation of Powers	Petition for a Writ of Certiorari
  Koons Buick Pontiac GMC, Inc. v. Nigh, 125 S. Ct. 460 (2004)	Truth in Lending Act (TILA)	Amicus Brief
  Extrusions v. Silver Creek Drain District, 124 S. Ct. 1062 (2004)	Takings Clause	Petition for a Writ of Certiorari
  Weston v. AmeriBank, 122 S. Ct. 1172 (2002) (order)	Truth in Lending Act (TILA)	Brief in Opposition
  Wrench LLC v. Taco Bell Corp., 122 S. Ct. 921 (2002)	Implied-in-fact Contract; Copyright Preemption	Brief in Opposition

Honors And Awards

• Received the 2009 Distinguished Brief Award from Thomas M. Cooley Law Review
• Selected for inclusion in The Best Lawyers in America^® 2009 in the field of Commercial Litigation
• Named by Michigan Super Lawyers magazine as a 2008 Rising Star for Appellate Practice
• AV-rated, the highest possible, under Martindale-Hubbell’s Peer Review Rating System
• Listed in Who's Who in American Law 2007
• Listed in Who's Who in America 2007
• Order of the Coif
• Phi Kappa Phi
• Charles E. Nadler Award for Most Outstanding Staff Member, Volume 80 Minnesota Law Review; Executive Note & Comment Editor, Minnesota Law Review
• Law School Commencement Speaker
• Rhodes Scholar nominee
• A. Bruce Clark Senior Award for Excellence in Mathematics
• Graduate of Lee Honors College
• Listed in The Best Lawyers in America

Bar Associations

Teaching and Lecturing

• Annual summary of U.S. Supreme Court decisions for the Western District of Michigan Chapter of the Federal Bar Association (2005-present)
• Panel presentation on technology and its effect on appellate practice and appellate review at the ABA's 2008 Appellate Summit in Phoenix, Arizona (November 13-16, 2008)
• Panel presentation on preserving the trial court record for appeal, and group moderator for discussions of the purpose, policy, and procedure of appellate oral argument, and appellate research and brief writing at the 2007 Michigan Appellate Bench Bar Conference (May 3-4, 2007)
• Panel presenter regarding appellate and trial court best practice as part of the State Bar of Michigan's Annual Meeting in Ypsilanti, Michigan (September 14, 2006) 
• Product Liability Seminar:  Protecting Your Company From Product Recall (Spring Manufacturers Institute, Tucson, AZ, May 1-3, 2003)
• Tribute to the Honorable James B. Loken on his promotion to Chief Judge of the United States Court of Appeals for the Eighth Circuit (Minneapolis, MN, Apr. 5, 2003)
• Legal Concerns for Artists (ArtServe Michigan, Business of Being an Artist Workshop, Grand Rapids, MI, Nov. 2, 2002)
• More than 30 Career Development Programs presented to Warner Norcross & Judd personnel on topics including legal research, what to expect from law practice, and client service principles (2000-present)
• University of Minnesota Law School Commencement Speaker (Minneapolis, MN, May 10, 1997)

Publications

• Numerous articles published in The Appellate Practice Journal and Appellate Issues

• Michigan Supreme Court Agrees to Hear 15 New Cases; Will They Affect Your Business?
• Supreme Court’s Light Cigarettes Ruling 'Surprising'

Professional Affiliations

• Defense Research Institute
  
• National Association of Diocesan Attorneys
  
• Supreme Court Historical Society
  
• Michigan Supreme Court Historical Society
  
• Michigan Supreme Court's Advocates Guild
  

Community Affiliations

• Hispanic Center of West Michigan
  Board of Directors (2006-09), Secretary (2008-09)
  
• Hugh Michael Beahan Foundation
  Board of Trustees (2003-05)
  
• St. John Vianney Worship Commission
  Chair (2000-03)
  
• AYSO Youth Soccer
  Coach (2003-Present)
  

News

• Appellate Leaders Offer Opinions On Supreme Court Nomination
• Eight Warner Norcross Attorneys Recognized as Michigan Rising Stars by Super Lawyers