Gaëtan Gerville-Réache
- Partner
Distinctive advocacy and creative strategy are my favorite tools for achieving our clients' goals. I find it deeply gratifying to lift the weight off their shoulders with effective solutions and then guide them and advocate for them step-by-step through the process toward a favorable resolution.
One of the most active Supreme Court advocates in the state, Gaëtan Gerville-Réache has argued 10 times before the Michigan Supreme Court within the past six years. Highly regarded and the recipient of numerous prestigious honors, Gaëtan focuses his practice on appellate matters and administrative agency disputes, particularly in the areas of land use and environmental regulation. He advocates for Michigan-based clients in high-stakes disputes, including appeals with more than $100 million in controversy
industries
practices
Supreme Court Appeals
- Mothering Justice v. Attorney General, No. 165325 (Mich 2023): Argued on behalf of the Michigan Manufacturers Association to defend the constitutionality of 2018 amendments to legislation that had enacted proposed wage and earned sick time ballot initiatives.
- MSSC, Inc. v. AirBoss Flexible Products Co., No. 163523 (Mich 2023): Persuaded the court to adopt landmark opinion requiring all blanket purchase orders to specify agreement to purchase the buyer’s requirements in order to be enforceable as a requirements contract.
- Comerica Inc. v. Dep’t of Treasury, No. 161661 (Mich 2022): Successfully advocated on behalf of the Michigan Bankers’ Association for that when a bank consolidates, i
Supreme Court Appeals
- Mothering Justice v. Attorney General, No. 165325 (Mich 2023): Argued on behalf of the Michigan Manufacturers Association to defend the constitutionality of 2018 amendments to legislation that had enacted proposed wage and earned sick time ballot initiatives.
- MSSC, Inc. v. AirBoss Flexible Products Co., No. 163523 (Mich 2023): Persuaded the court to adopt landmark opinion requiring all blanket purchase orders to specify agreement to purchase the buyer’s requirements in order to be enforceable as a requirements contract.
- Comerica Inc. v. Dep’t of Treasury, No. 161661 (Mich 2022): Successfully advocated on behalf of the Michigan Bankers’ Association for that when a bank consolidates, it continues its existence in the new entity and loses none of its rights, privileges and interests, including tax credits as the first assignee under the Single-Business Tax Act (SBTA), MCL 208.1 et seq.
- Saugatuck Dunes Coastal Alliance v. Saugatuck Township (Mich 2022): Argued on behalf of the developer in favor of refining but otherwise preserving existing common law test to determine when third parties have standing to challenge a zoning permit decision.
- People v. Sammons (Mich 2020): Persuaded to create a new rule that a station-house show-up procedure violates due process as impermissibly suggestive and to set aside criminal conviction.
- Reaume v. Village of Spring Lake, No. 159874 (Mich 2020): Persuaded the court to overturn the Court of Appeals ruling that precluded all single-family dwellings from renting short term.
- People v. Vanderpool, No. 158486 (Mich 2020): Pursuaded the court to establish a new rule that the Michigan Constitution of 1963 requires a probationer be given notice and an opportunity to be heard on a probation officer’s petition to extend probation.
- Sejasmi Industries Inc v. Takumi Manufacturing Company, No. 156341 (Mich 2018): Argued for 18 amici curiae, including American Mold Builders Association, Canadian Association of Mold Makers, and Canadian Tooling and Machining Association on the question of whether the moldbuilder’s lien can be extinguished by paying someone other than the moldbuilder.
- Marlette Auto Wash LLC v. Van Dyke SC Properties, No. 153979, _ Mich _ (2018): Secured 7-0 opinion in Marlette Auto Wash’s favor reversing the Court of Appeals and holding that undocumented prescriptive easement that vested in a prior owner of the property had survived foreclosure sale and vested in Marlette Auto Wash.
- People v. Horacek (Mich 2017): Persuaded the court to hear oral argument on whether defendant’s arrest and search of the motel room violated his Fourth Amendment rights.
- Jae Lee v. United States, 137 S. Ct. 1958 (2017): Represented the prevailing appellant, Jae Lee, in persuading the Supreme Court to hold that he was denied effective assistance of counsel and entitled to withdraw his plea after counsel mistakenly advised him that pleading guilty had no deportation consequences, when in fact it required mandatory, permanent deportation.
- People v. Lance, No. 151612 (Mich. 2016): Successfully persuaded Michigan Supreme Court to reverse the Court of Appeals and remand to trial court for a Ginther hearing to determine if trial counsel provided ineffective assistance of counsel in failing to raise statute-of-limitations defense.
- National Wildlife Federation v. Department of Environmental Quality, No. 150121 (Mich. 2015): Represented Kennecott Minerals Company in convincing the Michigan Supreme Court to decline review of the first-ever permitting decision under Michigan’s newly minted, non-ferrous-metallic-minerals mining act.
- National Wildlife Federation v. Department of Environmental Quality, No. 150122 (Mich. 2015): Represented Kennecott Minerals Company in persuading the Michigan Supreme Court to decline review of its discharge permit under Part 31 of the Natural Resources and Environmental Protection Act.
- Gardner v. Dep’t of Treasury, Nos. 150293-95, _ N.W.2d _ (Mich. 2015): Persuaded the court to unanimously reverse the Court of Appeals’ interpretation of the State Real Estate Transfer Tax Act, MCL 207.526(u), and to hold client home-owners were exempt from the tax.
- Yono v. Michigan Dep’t of Transportation, 864 N.W.2d 142 (Mich. 2015): Represented the Michigan County Road Commission Self-Insurance Pool and County Road Association in persuading the court to grant leave to appeal the issue of MDOT’s governmental immunity for personal injury on a highway.
- Heien v. North Carolina, 135 S. Ct. 530 (2014): Represented the Association of Prosecuting Attorneys and other law-enforcement agencies as amici curiae on the issue of whether a police officer’s objectively reasonable mistake of law can provide reasonable suspicion sufficient to justify a traffic stop under the Fourth Amendment.
- Riley v. California, 134 S. Ct. 2473 (2014): Represented the Association of State Criminal Investigative Agencies and other law-enforcement agencies as amici curiae on the issue of whether the officers’ searches of a cell phone seized incident to petitioner’s arrest were lawful under the Fourth Amendment.
- Elmbrook School Dist. v. John Doe, 134 S. Ct. 2283 (2014): Represented the American Association of School Administrators and other educational associations as amici curiae on the issue of whether the Establishment Clause requires public schools to evaluate the religiosity of a facility before entering into a short-term lease to use the space for public events such as high school graduations.
- Huron Mountain Club v. United States Army Corps of Engineers, 134 S. Ct. 1792 (2014): Represented intervening mining company as respondent on the question of whether, absent any statutory obligation, a federal agency can be compelled to initiate environmental permitting proceedings that the regulated party has not requested.
- Badeen v. Par, Inc., 496 Mich. 75 (2014): Represented Fifth Third Bank as appellee on the question of whether Michigan’s Occupational Code requires licensing as a collection agency to merely manage the hiring of licensed repossession agents for lenders.
- State ex rel Gurganus v. CVS Caremark Corp., 496 Mich. 45 (2014): Represented the Michigan Chamber Litigation Center as amicus curiae on the question of whether Michigan’s generic drug substitution statute required pharmacists to pass along the savings from substituting a generic drug for an equivalent brand-name drug.
- Michigan Finance Authority v. Kiebler, 495 Mich. 895 (2013): As special assistant to the attorney general, represented the Michigan Finance Authority on emergency appeal in multi-million-dollar class action regarding student loans.
- Bailey v. United States of America, 133 S. Ct. 1031 (2013): Represented the State of Michigan and 23 other states as amici curiae on the question of whether police officers with a warrant to search the premises for contraband may detain an “occupant of the premises” after they see him leave the premises just before executing the warrant.
- King v. Kansas Judicial Watch, 132 S. Ct. 1715 (2012): Represented the State of Michigan and 17 other states on the question of whether a plaintiff who obtains a preliminary injunction before the case is mooted is a “prevailing party” entitled to attorney fees under 42 U.S.C. § 1988(b).
- Kyser v. Kasson Township, 786 N.W.2d 543 (Mich. 2010): Filed amicus brief on behalf of Michigan Aggregates Association in high-stakes challenge to constitutional zoning/mining standards that had not been reviewed by the Michigan Supreme Court in 25 years. (Amicus Brief)
- Benefiel v. Auto-Owners Insurance Co., 759 N.W.2d 814 (Mich. 2008): As amicus curiae, successfully persuaded the Michigan Supreme Court to reverse the court of appeals and hold that a plaintiff who suffers successive injuries has the burden of proving a current injury was caused by the subject accident, not an independent occurrence. (Amicus Brief)
Federal and State Appeals
- Jones v. IPX International Equatorial Guinea, S.A., 920 F.3d 1085 (6th Cir. 2019): Prevailed in the Sixth Circuit as counsel for IPX International against an employee’s breach of contract action by persuading the appellate court that the proper forum for the litigation was Equatorial Guinea, not the United States.
- Wilson v. 5 Choices LLC, No. 18-1493, _ Fed. Appx. _ (6th Cir. 2019): Represented 5 Choices LLC in successfully persuading the Sixth Circuit that the plaintiffs’ claims were properly dismissed because they were bound by forum-selection and arbitration clauses that required their action to be filed in a different forum.
- Tucker v. Laketown Township, No. 347726, (Mich. Ct. App. Mar. 26, 2019): Within 5 weeks of filing the application for plaintiff Tucker, successfully obtained a peremptory order reversing the lower court’s dismissal of plaintiff’s appeal.
- Magley v. M & W Inc., No. 340507, _Mich App _ (2018): Persuaded Court of Appeals to reverse the trial court’s summary disposition order and remand for trial on the issue of whether repossession of farm implements was a conversion.
- Seifeddine v. Jaber, No. 343411, _ N.W.2d _ (Mich. Ct. App. 2018): Successfully represented the ex-spouse in enforcing a mahr (in the Islamic faith, a gift of money or property made by a man to the woman he marries) as part of the lower court’s divorce decree.
- Southern-Owners Ins. Co. v. Moore, No. 14-15386, _ F.3d _ (11th Cir. 2017): Represented Southern-Owners Insurance in persuading the Eleventh Circuit to overrule its earlier misinterpretation of an exclusion in the standard Hired Auto and Non-owned Auto Endorsement in Southern-Owners’ corporate general-liability insurance policy.
- Lance v. Owners Insurance Co., No. E2015-00274-COA-R3-CV, 2016 WL 3092818 (Tenn. Ct. App. 2016): Represented Owners Insurance in successfully reducing $2.4 million judgment by $1.4 million through creative settlement negotiations and reversal of punitive-damages award.
- Charter Township of White Lake v. Ciurlik Enterprises, No. 324976, (Mich. Ct. App. 2014): Persuaded the Court of Appeals to grant immediate consideration of Ciurlik Enterprise’s interlocutory appeal and peremptorily reverse the lower court’s preliminary injunction as an abuse of discretion.
- Torres v. Torres, 2014 WL 4087927 (Mich. Ct. App. 2014): Persuaded the court to reverse a Domestic Relations Act arbitration award that declined to divide one spouses unvested military pension.
- Fed. Home Loan Mortg. Ass’n v Kelley, 2014 WL 4232687 (Mich. Ct. App. 2014): Persuaded the court to vacate its own decision on the question of whether a surviving bank in a bank merger succeeds to the property of the merging entities “by operation of law.”
- Triangle Associates, Inc. v. Bentwaters Partners, LP, 2014 WL 2931866 (Mich. Ct. App. 2014): Persuaded the court to order dismissal of $500,000 default judgment against garnishee Fifth Third Bank.
- Klein v. U.S. DOE, 753 F.3d 576 (2014): Persuaded the court to affirm the Department of Energy’s funding decision on the basis that the client’s cellulosic ethanol project would have no significant environmental impact.
- King v. Berghuis, 744 F.3d 961 (2014): As special assistant to the attorney general, persuaded the court to affirm denial of writ of habeas corpus on the question of whether the state imposed a plea deal entered into without defendant’s knowledge that sentences would be consecutive.
- Huron Mountain Club v. U.S. Army Corps of Eng’rs, 545 Fed. App’x 390 (6th Cir. 2013): Persuaded the court to affirm denial of preliminary injunction on the basis that Huron Mountain Club’s Clean Water Act and Rivers and Harbors Act claims were unreviewable under the Administrative Procedures Act, among other reasons.
- Donaldson v. Booker, 505 Fed. App’x 488 (2012): As special assistant to the attorney general, persuaded the court to affirm denial of writ of habeas corpus on the question of whether defense counsel’s decision not to investigate medical records and booking records was reasonable
- United States v. Huntington National Bank, 682 F.3d 429 (6th Cir. 2012): Persuaded the Sixth Circuit to reverse the district court’s order of forfeiture and order the government to release to Huntington $700,000 seized from a bank customer’s account which secured Huntington’s loans to the customer.
- Cooper v. Edgewater Bank, No. 296189, 2011 WL 2848782 (Mich. Ct. App. July 19, 2011): Persuaded the Court of Appeals to affirm the grant of summary disposition to Fifth Third Bank in a dispute with heirs over whether the bank properly changed the beneficiary designations on the decedent’s certificates of deposit.
- NDC of Sylvan, Ltd. v. Township of Sylvan, No. 2011 WL 1901805 (Mich. Ct. App. May 19, 2011): Successfully persuaded the Court of Appeals to reverse a $2.4 million judgment against Sylvan Township and to vacate a permanent injunction that would have cost Sylvan Township an additional $3.4 million, in a dispute over $8 million in special assessments.
- National Wildlife Federation v. Dep’t of Natural Resources, No. 293779, 2011 WL 1004525 (Mich. Ct. App. Mar. 22, 2011): Persuaded the court of appeals to affirm dismissal of public trust claims against leasing of state land and minerals for underground non-metallic mineral mining project.”
- Isom v. NE Lots LLC, No. 288378, 2010 WL 143470 (Mich. Ct. App. Jan. 14, 2010): Persuaded the Michigan Court of Appeals to affirm a declaration that the intestate heirs’ rights to share in the proceeds of a million-dollar estate through a settlement agreement with the testate heir were not conveyed in quit-claim deeds purporting to assign their rights to the proceeds of the estate.
- United States v. Huntington National Bank, 574 F.3d 329 (6th Cir. 2009): Persuaded the Sixth Circuit to reverse and remand an adverse decision in a three-quarter-million-dollar ancillary criminal forfeiture proceeding.
- Bill Smith Sand & Gravel v. Alamo Twp., No. 281936 (Mich. Ct. App. Mar. 5, 2008): Persuaded the Michigan Court of Appeals to expedite consideration and summarily affirm the dismissal of a local township’s challenge to the client’s mining project.
- Moore v. Detroit Entertainment, LLC, 755 N.W.2d 686 (Mich Ct. App. 2008): Obtained affirmation of a $600,000 jury verdict for false imprisonment.
Mineral Resource Administrative Proceedings + Litigation
- Huron Mountain Club v. United States Army Corps of Engineers, 134 S. Ct. 1792 (2014): Represented intervening mining company as respondent on the question of whether, absent any statutory obligation, a federal agency can be compelled to initiate environmental permitting proceedings that the regulated party has not requested.
- Mayhew v. Handy Township, No. 11-25965-AV (Mich. Cir. Ct. 2011): Persuaded the circuit court to affirm the Township’s decision to allow crushing reclaimed aggregate products as an accessory use authorized by the client’s special use permit.
- National Wildlife Federation v. Michigan Dep’t of Environmental Quality, No. 11-123-AA (Mich. Cir. Ct. Nov. 21, 2011): Successfully persuaded the circuit court to first deny an injunction against underground mine’s blasting operations pending appeal and then affirm the decision by MDEQ to grant a Part 632 non-ferrous metallic mineral mining permit.
- Aggregate Industries – Central Region v. Waterloo Township, 09-01248-AA (Mich. Cir. Ct. July 9, 2009): Persuaded the circuit court to grant an expedited appeal, reverse the township’s adverse zoning decision, and grant a special land use application to Aggregate Industries for mining.
- National Wildlife Federation v. Michigan Dep’t of Natural Resources, No. 08-263-AA (Mich. Cir. Ct. Mar. 3, 2009): Successfully defeated a third-party appeal of the State of Michigan land-lease to our client and achieved early dismissal of ancillary claims using cutting-edge theories of constitutional and jurisdictional law.
- Moderator, ““The Fine Art of Rebuttal,” 2023 Appellate Judges Education Institute Summit, Washington D.C., November 3, 2023
- “Sixth Circuit Appellate Advocacy from the Judges and the Pros,” West Michigan Chapter of the Federal Bar Association and the Michigan State University College of Law, April 11, 2023
- “
- Moderator, ““The Fine Art of Rebuttal,” 2023 Appellate Judges Education Institute Summit, Washington D.C., November 3, 2023
- “Sixth Circuit Appellate Advocacy from the Judges and the Pros,” West Michigan Chapter of the Federal Bar Association and the Michigan State University College of Law, April 11, 2023
- “Webinar: Litigation Updates & Risk Management: How Earned Sick Time Act Affects Every Manufacturer,” Michigan Manufacturers Association, March 20, 2023
- “How the Sackett Decision Impacts the Waters of the U.S. (WOTUS),” MAA 2023 Annual Conference, February 9, 2023
- “Who has Standing to Challenge a Zoning Permit Decision?,” MAA 2022 Winter Conference, December 1, 2022
- “How to Develop and Implement a COVID-19 Preparedness and Response Plan to Protect Your Employees and Your Business,” Warner Webinar, April 17, 2020
watch my videos
- Michigan Supreme Court Rules in Favor of AirBoss in Landmark Auto Supplier CaseAhead of the Curve Auto Supplier
- Obtaining a Recreational Marijuana License from Your Local MunicipalityWarner’s Legal News For the Cannabis Industry
- A mortgagor who takes fixtures from his property during the foreclosure redemption period does not commit larceny
- MSC completes its first session of the year under a new Chief Justice
- Voters elect Megan Cavanagh to the Michigan Supreme Court, and re-elect Justice Clement
- The MSC appoints the Honorable Chistopher Murray as Chief Judge for the COA
- MSC rules that prescriptive easements vest automatically and “run with the land” to future parcel owners
- MSC questions whether Grand Rapids implemented a policy of photographing and fingerprinting innocent pedestrians to fail to show ID during investigatory stop
- Can equitable estoppel expand your insurance coverage? The MSC has granted leave to decide
- Controversial Clio School District ban on open-carrying weapons in schools will be reviewed by the Michigan Supreme Court
- MSC to decide whether recanting witness’s testimony pointing to a different killer requires new trial for convicted co-defendants
- Justice Larsen confirmed by the Senate to sit on the Sixth Circuit
- Focusing on financial injury can cost you your shareholder oppression claim
- Department of Health and Human Services failed to accommodate disabilities by using a one-size-fits-all family reunification plan, says MSC
- MSC holds tax exemption open to all educational institutions regardless of for-profit status
- Justice Young retires after more than 20 years on the bench
- MSC grants leave to hear prescriptive-easement issue with broad implications for real property owners and mortgage lenders
- Two MSC justices recuse themselves, leaving 5 to hear a recount petition appeal
- COA: Deliberately withholding information from police during criminal investigation may result in felony charge
- Sixth Amendment is not violated where court relies on judicial fact-finding to impose consecutive sentencing, says COA
- Good fences may make for good neighbors, but only if they aren’t built on the neighbor’s property, says COA
- MSC to hear oral arguments on whether drunk driving in a private driveway violates criminal statute
- Evidence of a school’s statutorily-mandated disclosures of unprofessional conduct to prospective employers is not admissible in a wrongful termination action
- A mortgagor who takes fixtures from his property during the foreclosure redemption period does not commit larceny
- MSC will hear mini-oral argument on whether failure to administer jury oath before trial requires reversal of criminal convictions
- A law enforcement officer’s involuntary statement cannot be used against the officer in a criminal proceeding, even if the statement is false, says MSC
- Newly created police ballistics report is not grounds for granting a remand to district court to continue preliminary examination
- MSC holds that former principal of Miller Canfield cannot avoid the contractual requirement to arbitrate disputes with the firm by only suing current principals
- $550 million in public school employee salaries is still being held by the state unconstitutionally, says COA
- Incarceration alone does not justify removal of parental rights, says COA
- MSC uses Smith v. Khouri as a uniform test for determining “reasonable” attorney fees and clarifies the Khouri analysis
- MSC clarifies the gate-keeper rules for allowing testimony of a board-certified medical expert
- MSC grants leave to examine the inter-governmental transfer of property used to block private development
- MSC holds that the monetary jurisdictional limit for district courts is determined by the pleadings, not by the proofs at trial
- MSC holds that mortgage-lender could still sue third-parties who induced bad loans even after the lender purchased the mortgaged property for “full credit” at foreclosure sale
- Insurer’s latent payment revived the insured’s expired claim for no-fault benefits, says MSC
- COA refuses to review the validity of a child support order on appeal from the parent’s criminal conviction for failure to comply with it
- COA holds that arbitrators, not Michigan courts, will decide whether to consolidate arbitrations, unless the parties agreed otherwise
- Multi-state businesses may choose the Multistate Tax Compact’s more favorable apportionment formula for pre-2008 tax years, says COA
- Justice Antonin Scalia dies at age 79
- A party who agrees that an arbitration clause does not apply is bound by that stipulation, regardless of the harsh results, says COA
- Credentials alone are generally insufficient to establish reliability of expert testimony, says MSC
- Whistleblower Protection Act will not protect a worker fired for reporting suspected future violations (but public policy might)
- Acting with gross negligence does not preclude an officer from claiming immunity under the “Firemen’s Rule”
- A Grand Rapids college–and many others–may miss out on a property tax exemption due to “for-profit” status
- MSC questions whether worker’s challenge to union agreement that offsets workers’ compensation benefits against social security disability insurance is preempted by federal law
- MSC to review the constitutionality of the Electric Transmission Line Certification Act
- MSC will examine the collateral attack rule as it applies to cases terminating parental rights
- MSC clarifies the same transaction test for compulsory joinder and res judicata
- MOA granted to discuss insurance policy’s ambiguous pollution exclusion
- The State Boundary Commission lacked authority to divide liabilities between township and new city, says COA
- MOAA may soon resolve definition of “public official” under the Open Meetings Act
- MSC to address whether customers may receive electrical services by a municipality outside of that municipality’s boundary
- MSC to hear mini-oral argument on whether a challenge to a criminal contempt order is an impermissible collateral attack
- Gov. Snyder appoints Professor Joan Larsen from U of M to replace Justice Kelly on the MSC
- MSC holds that contracts with unlicensed residential builders are not “void,” contrary to statements in prior precedent
- MSC hears controversy over the COA’s proposal to restrict citation to unpublished opinions
- Treasury must give industries a pro rata tax exemption if their personal property is sometimes used for exempt purposes, says MSC
- MSC resurrects real estate transfer tax exemption for homeowners
- MSC grants leave to consider the enforceability of contractor non-compete provisions in 5 Hour Energy trade secrets dispute
- MSC holds that the government may raise defective notice as an immunity defense at any time
- MSC to hear mini-oral argument on implementation of Department of Environmental Quality’s NOx emission rules
- MSC confirms that courts must consider the best interest of the child before revoking an acknowledgement of parentage
- MSC orders COA to hear plaintiffs’ alternative arguments in a case of false student attendance reports
- Emergency manager’s power to appoint school board official is superior to the board’s appointment power, according to COA
- No showing of “necessity” is required to issue a certificate of “public convenience and necessity” for major electric transmission lines, says COA
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- 66 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Attorneys Selected for Multiple Honors by Michigan Super Lawyers Magazine
- Automotive News Discusses Warner’s Michigan Supreme Court Win for Automotive Supplier Client
- Warner Represented AirBoss in Michigan Supreme Court Landmark Ruling in Automotive Supplier Dispute
- 13 Warner Attorneys Named Lawyers of the Year
- 108 Warner Attorneys Rated Best Lawyers in America
- 42 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- 105 Warner Attorneys Rated Best Lawyers in America©
- 44 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 45 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- Gerville-Réache and Azzi Secure Patent Win for Stride Rite Children’s Group LLC
- Warner Wins Landmark Michigan Supreme Court Criminal Case
- 34 Warner Attorneys Rated 2020 Top Lawyers by Grand Rapids Magazine
- 52 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- IJGlobal Names Gordie Howe International Bridge 2018 Deal of the Year
- Gordie Howe International Bridge Named Canadian Deal of the Year by Lexpert® in its Top 10 Deals of 2018
- Gordie Howe International Bridge Named PFI’s 2018 Transport Deal of the Year
- Warner Serves as U.S. Counsel to Windsor-Detroit Bridge Authority on Historic Agreement for Gordie Howe International Bridge
- 58 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 57 Warner Attorneys Recognized as Michigan Super Lawyers
- SCOTUS Decision: Matthew T. Nelson Discusses Bank of America v. Miami with Bloomberg Radio
- Three Warner Partners Elected to Michigan State Bar Leadership Positions
- 26 Warner Attorneys Recognized as Rising Stars
- Warner Attorney Named to State Military Appeals Tribunal
- Warner Partner Gaëtan Gerville-Réache Elected Chair-Elect of State Bar Appellate Section
- Supreme Court Affirms Its Rule-making Power: COVID-19 Deadline Extensions Upheld
- Chevron Doctrine is Dead: 40 Years of Agency Deference Overturned
- Trends in the Term: Pending Decisions Distinguishing the Michigan Supreme Court’s 2023-2024 Civil Docket
- Michigan Supreme Court Hears Oral Argument on the Fate of Minimum Wage and Earned Sick-time Laws
- Michigan Supreme Court Rules in Favor of AirBoss in Landmark Auto Supplier Case
- The Earned Sick Time Act and Increase to Minimum Wage are Gone (for Now)
- Obtaining a Recreational Marijuana License from Your Local Municipality
- Could Your Mining Operation Benefit From the Proposed Sand and Gravel Mining Law?
- MI House of Reps Passes Bill to Prohibit Local Govt. From Banning Short-Term Residential Rentals
- SBA Issues Final Rule Related to PPP Loan Review Decision Appeals Process
- Vacation Rentals: Before You Invest, Know the Risks
- President Trump Issues Executive Order Curtailing National Environmental Policy Act and Endangered Species Act Reviews
- What Does the New Final Rule Redefining the Waters of the United States Mean for Michigan?
- MSC completes its first session of the year under a new Chief Justice
- Voters elect Megan Cavanagh to the Michigan Supreme Court, and re-elect Justice Clement
- The MSC appoints the Honorable Chistopher Murray as Chief Judge for the COA
- MSC rules that prescriptive easements vest automatically and “run with the land” to future parcel owners
- MSC questions whether Grand Rapids implemented a policy of photographing and fingerprinting innocent pedestrians to fail to show ID during investigatory stop
- Can equitable estoppel expand your insurance coverage? The MSC has granted leave to decide
- Controversial Clio School District ban on open-carrying weapons in schools will be reviewed by the Michigan Supreme Court
- MSC to decide whether recanting witness’s testimony pointing to a different killer requires new trial for convicted co-defendants
- Justice Larsen confirmed by the Senate to sit on the Sixth Circuit
- Focusing on financial injury can cost you your shareholder oppression claim
- Department of Health and Human Services failed to accommodate disabilities by using a one-size-fits-all family reunification plan, says MSC
- MSC holds tax exemption open to all educational institutions regardless of for-profit status
- MSC denies leave after MOAA on whether Court of Claims has jurisdiction to hear appeal of Michigan Film Office decision
- Justice Young retires after more than 20 years on the bench
- MSC grants leave to hear prescriptive-easement issue with broad implications for real property owners and mortgage lenders
- Two MSC justices recuse themselves, leaving 5 to hear a recount petition appeal
- COA: Deliberately withholding information from police during criminal investigation may result in felony charge
- Sixth Amendment is not violated where court relies on judicial fact-finding to impose consecutive sentencing, says COA
- Good fences may make for good neighbors, but only if they aren’t built on the neighbor’s property, says COA
- MSC to hear oral arguments on whether drunk driving in a private driveway violates criminal statute
- Evidence of a school’s statutorily-mandated disclosures of unprofessional conduct to prospective employers is not admissible in a wrongful termination action
- A mortgagor who takes fixtures from his property during the foreclosure redemption period does not commit larceny
- MSC will hear mini-oral argument on whether failure to administer jury oath before trial requires reversal of criminal convictions
- A law enforcement officer’s involuntary statement cannot be used against the officer in a criminal proceeding, even if the statement is false, says MSC
- Newly created police ballistics report is not grounds for granting a remand to district court to continue preliminary examination
- MSC holds that former principal of Miller Canfield cannot avoid the contractual requirement to arbitrate disputes with the firm by only suing current principals
- $550 million in public school employee salaries is still being held by the state unconstitutionally, says COA
- Incarceration alone does not justify removal of parental rights, says COA
- MSC uses Smith v. Khouri as a uniform test for determining “reasonable” attorney fees and clarifies the Khouri analysis
- MSC clarifies the gate-keeper rules for allowing testimony of a board-certified medical expert
- MSC grants leave to examine the inter-governmental transfer of property used to block private development
- MSC holds that the monetary jurisdictional limit for district courts is determined by the pleadings, not by the proofs at trial
- MSC holds that mortgage-lender could still sue third-parties who induced bad loans even after the lender purchased the mortgaged property for “full credit” at foreclosure sale
- Insurer’s latent payment revived the insured’s expired claim for no-fault benefits, says MSC
- COA refuses to review the validity of a child support order on appeal from the parent’s criminal conviction for failure to comply with it
- COA holds that arbitrators, not Michigan courts, will decide whether to consolidate arbitrations, unless the parties agreed otherwise
- Multi-state businesses may choose the Multistate Tax Compact’s more favorable apportionment formula for pre-2008 tax years, says COA
- Justice Antonin Scalia dies at age 79
- A party who agrees that an arbitration clause does not apply is bound by that stipulation, regardless of the harsh results, says COA
- Credentials alone are generally insufficient to establish reliability of expert testimony, says MSC
- Whistleblower Protection Act will not protect a worker fired for reporting suspected future violations (but public policy might)
- Acting with gross negligence does not preclude an officer from claiming immunity under the “Firemen’s Rule”
- Appeals, Michigan Basic Practice Handbook (ICLE, 6th ed. 2012)
- The Insider’s Guide to the Michigan Appellate Courts, in Appellate Practice Compendium (Dana Livingston ed., ABA Book Publishing 2012)
- Cyber Issues Over the Horizon – Public/Private Concerns, Appellate Issues, September 2018, p. 10
- The Scope of Appellate Review: An Evolving Problem of Constitutional Proportions, Appellate Issues, November 2017, p. 1
- Is the Pendulum Swinging? Mandatory Minimums, Appellate Issues, Februar
- Appeals, Michigan Basic Practice Handbook (ICLE, 6th ed. 2012)
- The Insider’s Guide to the Michigan Appellate Courts, in Appellate Practice Compendium (Dana Livingston ed., ABA Book Publishing 2012)
- Cyber Issues Over the Horizon – Public/Private Concerns, Appellate Issues, September 2018, p. 10
- The Scope of Appellate Review: An Evolving Problem of Constitutional Proportions, Appellate Issues, November 2017, p. 1
- Is the Pendulum Swinging? Mandatory Minimums, Appellate Issues, February 2017, p. 25
- FHA Lawsuit Could Broaden Exposure for Banks, mbaBanking Magazine, November/December 2016
- Cost-effective Appeals: The Gold vs. Plastic Debate Continues, Appellate Issues, March 2016, p. 51
- Navigating Michigan’s Murky Preservation Doctrine, Michigan Bar Journal, January 2016
- Protecting the Appeal from “Truthy” Amici Facts: Strategies for Embattled Party Counsel, Appellate Issues, September 2015
- Cameras in the Courtroom: Why SCOTUS Should Follow State Supreme Court Precedent, Appellate Issues, August 2013
- The Petition for Review’s Timely Demise, Administrative Law Journal, Winter 2013
- Justice Scalia at the AJEI Summit in New Orleans, Appellate Issues, February 2013
- Welcome to Michigan’s “New and Improved” Appellate Court!, Michigan Appellate Practice Journal, Winter 2012
- Junking the Ole Jalopy: Under New Rules, Circuit Court Appeals Enter a New Era, Michigan Bar Journal, March 2012
- Oral Argument 411 (and 911!): Thoughts from Both Sides of the Bench, Appellate Issues, Winter, 2011, p. 12
- Property Owners, Take Comfort: Supreme Court Protects Individual Property Rights, Michigan Lawyers Weekly, 6/13/2011
- Moving from Briefs to Oral Argument, Appellate Issues, December 2009, p.31
- When You Do Not Want to Wait for Final Judgment to Appeal, Appellate Issues, December 2009, p. 22
- Take Your Takings Somewhere Else, Bar & Bench, June 2009
- Appeals, Michigan Basic Practice Handbook (ICLE, 6th ed. 2012)
- The Insider’s Guide to the Michigan Appellate Courts, in Appellate Practice Compendium (Dana Livingston ed., ABA Book Publishing 2012)