Matthew T. "Matt" Nelson
- Partner
My admin
- Andrea Rule
My deep knowledge and ability to think strategically help me successfully position my clients to win in the appellate courts. I litigate matters adroitly because I can look down the road and anticipate legal moves from opposing counsel, see the big picture, break it all down and find new angles and innovative litigation strategies. This approach gives clients all the advantages and allows us to avoid pitfalls while pursuing and attaining their desired outcomes.
The recipient of numerous national and regional awards and with years of experience skillfully navigating high courts, Matt Nelson serves as a go-to appellate lawyer for clients who have major problems and very sophisticated issues. He represents clients throughout the country in a variety of venues, including the U.S. Supreme Court, the Michigan Supreme Court, other state supreme courts, various federal courts of appeals and the Michigan Court of Appeals. Matt routinely works with trial litigators on dispositive motions, motions in limine and preparing appellate strategies while a case is still in trial court.
industries
practices
- Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012): Obtained 8-1 decision in favor of client, defeating claims of the federal government that sovereign immunity defeated client’s challenge to government’s agency action and that client did not have prudential standing.
- Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014): Submitted amicus curiae brief on behalf of the Council for Christian Colleges and Universities supporting the successful religious employer.
- Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, 132 S. Ct. 694 (2012): Submitted amicus curiae briefs at the petition and merits stages on behalf
- Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012): Obtained 8-1 decision in favor of client, defeating claims of the federal government that sovereign immunity defeated client’s challenge to government’s agency action and that client did not have prudential standing.
- Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014): Submitted amicus curiae brief on behalf of the Council for Christian Colleges and Universities supporting the successful religious employer.
- Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, 132 S. Ct. 694 (2012): Submitted amicus curiae briefs at the petition and merits stages on behalf of the Council for Christian Colleges and Universities supporting the successful religious employer.
- Priority Health v. Commissioner of Office of Financial & Insurance Services, 489 Mich. 67, 802 N.W.2d 132 (2011): Persuaded the Michigan Supreme Court to overturn state agency ruling against a health maintenance organization.
- Tomecek v. Bavas, 482 Mich. 484, 759 N.W.2d 178 (2008): Obtained 4-3 ruling favorable to clients in an easement dispute involving the Land Division Act.
- O’Boyle v. Borough of Longport, 218 N.J. 168, 94 A.3d 299 (N.J. 2014): Submitted amicus curiae brief on behalf of DRI—The Voice of the Defense Bar successfully urging limited approach to waiver of work-product protection.
- Oneida Charter Twp. v. City of Grand Ledge, 485 Mich 859, 771 N.W.2d 785 (2009): Retained to obtain review by the Michigan Supreme Court of a published Michigan Court of Appeals decision regarding municipal water-rate dispute; persuaded Court to grant peremptory reversal.
- Winterhalter v. Dykhuis Farms, 2012 WL 2989238 (6th. Cir. July 23, 2012): Successfully argued for affirmance in an employment discrimination case.
- Mallison v. Haworth, Inc., 2012 WL 2580609 (6th Cir. July 3, 2012): Obtained decision affirming district court’s grant of summary judgment in favor of the employer in an Equal Pay Act case.
- Keiper, LLC v. Intier Automotive Inc., 2012 WL 833652 (6th Cir. Mar. 13, 2012): Successfully argued for reversal of summary judgment in a million-dollar automotive-supplier dispute.
- Chen v. Dow Chemical Co., 580 F.3d 394 (6th Cir. 2009): Persuaded the Sixth Circuit to affirm summary judgment in favor of The Dow Chemical Company in an employment dispute.
- Sherrills v. Beison, 242 Fed. App’x 332 (6th Cir. 2007): Defended summary judgment in favor of a hospital system on a former employee’s race discrimination and retaliation claims.
- Canvasser Heritage, L.L.C. v. Fifth Third Bank, 2012 WL 5853896 (Mich. Ct. App. Nov. 15, 2012): Defended summary disposition in mortgage foreclosure case.
- Thomas E. Woods v. JLG Industries, Inc., et al, 2011 WL 2342719 (Mich. Ct. App. June 14, 2011): Defended jury verdict in a commercial contract dispute.
- Fifth Third Bank v. Canvasser, et al, 2011 WL 2347707 (Mich. Ct. App. June 14, 2011): Defended summary judgment in favor of bank in a mortgage case.
- Denney v. Dow Chemical Co., 2011 WL 92964 (Mich. Ct. App. Jan. 11, 2011): Obtained summary disposition on former employee’s sex discrimination and retaliation claims and defended ruling on appeal.
- Old Republic National Title Holding v. First Metropolitan Title, 2010 WL 1056609 (Mich. Ct. App. Mar. 23, 2010): Persuaded Michigan Court of Appeals to reverse summary disposition against client in a commercial contract dispute.
- Foote v. Dow Chemical Co., 2010 WL 173777 (Mich. Ct. App. Jan. 19, 2010): Obtained summary disposition on former employee’s breach of contract and tortious interference claims and defended ruling on appeal.
- Day v. HME Inc., 2007 WL 3120942 (Mich. Ct. App. Oct. 25, 2007): Obtained dismissal of former employee’s race-discrimination claims and, on appeal, obtained reversal of order denying sanctions against former employee for asserting frivolous claims.
- Multiband Co. v. Block, 2012 WL 1843261 (E.D. Mich. May 12, 2012): Obtained order enforcing arbitration agreement in employment dispute and imposing Rule 11 sanctions.
- Graham v. Access Business Group, LLC, 2011 WL 3758726 (W.D. Mich. Aug. 25, 2011): Obtained summary judgment on behalf of employer in a case involving FMLA retaliation and disability discrimination claims.
- El Camino Resources, LTD. v. Huntington National Bank, 722 F. Supp. 2d 875 (W.D. Mich. 2010): Obtained summary judgment on behalf of bank in case arising from $100 million Ponzi scheme.
- Programming Chair, “2022 DRI Appellate Advocacy Seminar,” November 1, 2022, San Diego, California
- “Michigan Supreme Court: New Members and New Rules, Attorney Client Privilege, Litigation and Discovery,” 2019 West Michigan Spring Symposium, Warner Seminar, Grand Rapids, Michigan, May 22, 2019
- Programming Chair, “2022 DRI Appellate Advocacy Seminar,” November 1, 2022, San Diego, California
- “Michigan Supreme Court: New Members and New Rules, Attorney Client Privilege, Litigation and Discovery,” 2019 West Michigan Spring Symposium, Warner Seminar, Grand Rapids, Michigan, May 22, 2019
- MSC grants leave to appeal to reconsider discovery rule
- MSC grants leave to address employer-minimum contributions for health-insurance plans
- MSC Order List: February 12, 2010
- MSC Order List: February 26, 2010
- MSC Order List: January 29, 2010
- MSC Oral Argument: In re Servaas
- MSC: Oral Arguments & Hearings This Week
- COA discontinues settlement program
- MSC Order List: September 11, 2009
- MSC Order: Lipnevicius v. Lipnevicius
- MSC Order List: September 18, 2009
- MSC Order List: September 25, 2009
- MSC Order: Oneida Charter Township v. City of Grand Ledge
- MSC Order: People v. Aceval
- MSC Order: People v. Chapman
- MSC Order: People v. Lonsby
- MSC Order: Rehearing granted in part in People v. Borgne
- Judge Saad to retire in November
- Michigan Supreme Court to Consider Enforceability of Wills Benefiting the Drafting Attorney
- COA: Voters have a legal right to enforce state election law requirements
- MSC to consider whether an insured claiming underinsured motorist benefits is a “third party tort claimant” entitled to penalty interest
- MSC to consider whether medical bills meet notice requirement for PIP benefits
- Prenups are not ironclad where divorce could leave one party destitute
- Executive Order was meant to extinguish already accrued but unpaid retiree benefit contributions
- MSC to determine whether an expert witness must establish specific causation in a toxic tort case to defeat summary disposition
- MSC grants oral argument to consider whether statute entitles stepchildren to wrongful death settlement proceeds
- MSC peremptorily vacates lower courts’ orders and remands termination of parental rights case to circuit court
- MSC grants oral argument to consider scope of district court funding and revenue sharing
- MSC grants oral argument to consider whether the Court of Claims has authority to determine compensation rate
- MSC to determine whether statute operates as statute of repose or statute of limitations
- MSC – Can courts address claims by church against former pastor for fleecing flock?
- MOA to review MACP denial of claim as obviously ineligible
- MSC may decide if a village clerk is a “public official” under the Open Meetings Act
- MSC reverses Consumers’ Use Tax exemptions for distribution equipment
- MSC to hear MOA on meaning of order that eliminated retiree benefit contributions
- Gov. Snyder appoints Oakland Circuit Judge Colleen O’Brien to the Court of Appeals
- MSC: Court to review judgment in favor of teacher who made racial “joke” in a third-grade classroom
- MSC to determine whether a mental health professional has a duty to prevent false accusations of childhood sexual abuse by parents
- MSC to hear mini-oral argument on the application of the 91-day extension for filing an affidavit of merit and whether billing records are considered “medical records
- MSC to hear oral argument on a railroad’s duties to maintain a safe grade crossing
- MSC: The prosecution has an affirmative duty to correct false testimony
- MSC upholds right to work for civil service employees
- MSC: Filing of a medical malpractice complaint before the notice period ends does not commence the action or toll the running of the limitations period
- COA Judge Donofrio to retire in September
- MSC to determine whether prenup trumps statute providing for spousal support
- MSC says law firms represented by own lawyers cannot get case-evaluation sanctions
- MSC to consider whether expert may testify in malpractice action if no longer certified in same specialty as defendant
- MSC to consider parameters of subject-matter jurisdiction for district courts
- MSC grants leave to appeal definition of notice within the Public Works Bond Act
- MSC grants mini-oral argument to consider whether the Insurance Code’s FOIA exemption violates Michigan’s Constitution
- Court of Appeals finds Ferris is entitled to attorney fees against law firm for frivolous case
- MSC Oral Argument: Henry v. The Dow Chemical Company
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Attorneys Awarded Multiple Honors by Michigan Super Lawyers Magazine
- 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
- Score One for Free, Fair Elections: Warner Secures Win for Kent County as Judge Quashes MyPillow Subpoena
- 108 Warner Attorneys Rated Best Lawyers in America
- 42 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- Michigan Supreme Court Rules that ELCRA Includes Protection Against Discrimination Due to Sexual Orientation
- Matthew Nelson Addresses SCOTUS Leak on WLNS-TV6
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- Michigan State Bar Recognizes Warner for Pro Bono Contributions
- 12 Warner Attorneys Named Lawyers of the Year
- 105 Warner Attorneys Rated Best Lawyers in America©
- 44 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- Warner Partner Matthew Nelson Joins Conductive Learning Center Board
- Warner Partners Author Detroit News Op Ed on Eavesdropping Law
- 35 Warner Attorneys Rated 2021 Top Lawyers by Grand Rapids Magazine
- 102 Warner Attorneys Rated 2021 Best Lawyers in America
- 45 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- Free Speech or Misinformation? Bloomfield Township Lawsuit Targets Social Media Posts
- Warner Protects Freedom of Speech in $9 Million Bloomfield Township Lawsuit
- Warner Attorneys Defend First Amendment in Bloomfield Township Suit
- 34 Warner Attorneys Rated 2020 Top Lawyers by Grand Rapids Magazine
- 52 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- One Hundred and Two Warner Attorneys Rated Best Lawyers in America
- 58 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- One Hundred Warner Attorneys Rated Best Lawyers in America
- 57 Warner Attorneys Recognized as Michigan Super Lawyers
- Fourteen Warner Partners Named Lawyers of the Year in 2018
- Ninety-Seven Warner Attorneys Rated Best Lawyers in America
- Two Warner Attorneys Receive 2017 Distinguished Brief Award
- SCOTUS Decision: Matthew T. Nelson Discusses Bank of America v. Miami with Bloomberg Radio
- 56 Warner Attorneys Recognized as Michigan Super Lawyers
- 90 Warner Attorneys Rated Best Lawyers in America
- SCOTUS Agrees to Hear Copyright Case Filed by Warner
- Warner Attorneys Lead a Successful Defense Case Involving the False Claims Act
- Decorative? Functional? Copyrightable? Warner Asks 6th Circuit to Review Decision on Cheerleader Uniforms
- 61 Warner Attorneys Recognized as Michigan Super Lawyers
- 98 Warner Attorneys Rated Best Lawyers in America
- 98 Warner Attorneys Rated Best Lawyers in America
- MSC Denies Review Where Whistleblower ‘Reported’ to Own Lawyer
- Supreme Court Expands Scope of Personal Jurisdiction Over Corporations
- Michigan Supreme Court Rules that ELCRA Includes Protection Against Discrimination Due to Sexual Orientation
- Supreme Court Decisions Leave Employers Guessing
- MSC grants leave to appeal to reconsider discovery rule
- MSC grants leave to address employer-minimum contributions for health-insurance plans
- MSC Order List: February 12, 2010
- MSC Order List: February 26, 2010
- MSC Order List: January 29, 2010
- MSC Oral Argument: In re Servaas
- MSC: Oral Arguments & Hearings This Week
- COA discontinues settlement program
- MSC Order List: September 11, 2009
- MSC Order: Lipnevicius v. Lipnevicius
- MI Supreme Court Doubles Down: Governor’s Executive Orders Are Void
- The State of Mask Requirements and Other Limitations
- MI Supreme Court Rules Against Governor’s Executive Orders
- Federal Court Upholds Testing Requirements for Agricultural Workers
- Sixth Circuit’s Title IX Ruling Raises Specter of Simultaneous Liability to Victims and Accused Harassers
- Judge Saad to retire in November
- Michigan Supreme Court to Consider Enforceability of Wills Benefiting the Drafting Attorney
- COA: Voters have a legal right to enforce state election law requirements
- MSC to consider whether an insured claiming underinsured motorist benefits is a “third party tort claimant” entitled to penalty interest
- MSC to consider whether medical bills meet notice requirement for PIP benefits
- Prenups are not ironclad where divorce could leave one party destitute
- Executive Order was meant to extinguish already accrued but unpaid retiree benefit contributions
- MSC to determine whether an expert witness must establish specific causation in a toxic tort case to defeat summary disposition
- MSC grants oral argument to consider whether statute entitles stepchildren to wrongful death settlement proceeds
- MSC peremptorily vacates lower courts’ orders and remands termination of parental rights case to circuit court
- MSC grants oral argument to consider scope of district court funding and revenue sharing
- MSC grants oral argument to consider whether the Court of Claims has authority to determine compensation rate
- MSC to determine whether statute operates as statute of repose or statute of limitations
- When Is A Useful Item Copyrightable?
- MSC grants mini-oral argument on whether a court must consider all seven factors in MCL 600.2955(1) when determining an expert witness’s reliability
- Legal Cloud Looms Over Michigan’s Vacation Rental Industry
- Supreme Court’s Recent Rulings a Mixed Bag for Employers
- “From the Amicus Committee,” For the Defense, July & August 2023 Issue
- U.S. Supreme Court Amicus Brief on behalf of the DRI Center for Law and Public Policy in Dupree v. Younger, March 10, 2023, Click here for a PDF of the brief
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- “From the Amicus Committee,” For the Defense, July & August 2023 Issue
- U.S. Supreme Court Amicus Brief on behalf of the DRI Center for Law and Public Policy in Dupree v. Younger, March 10, 2023, Click here for a PDF of the brief
- “A Pandemic Success Story,” dri™ Certworthy, August 4, 2021
- “Three Sixth Circuit Decisions Before the Supreme Court,” Law.com, The AM Law Litigation Daily, November 11, 2019
- “Unpublished but Binding? Federal Courts Give Near-Binding Effect to Even Unpublished Michigan Court of Appeals Decisions,” Michigan Defense Quarterly, January 2013
- Michigan Appellate Handbook (ICLE, 3d ed. 2014)
- The Federal Pleading Standard: A Year After Bell Atlantic v. Twombley
Testimonials
“Matt (Nelson) represented us on several very important litigation matters and also provided valuable advice on non-litigation matters. He was always very responsive to requests for assistance and was a clear communicator in all of his writings and conversations. Our litigation results with Matt were positive – they provided municipal officers the opportunity to effectively carry out their duties in a constitutionally and statutorily appropriate manner. Matt is an excellent attorney.” – Retired corporate counsel for a Michigan municipality