DeRosier, Phillip J.

Education

Michigan State University

B.A., 1993
  • With Honors

Western Michigan University Thomas M. Cooley Law School

J.D., 1996
  • magna cum laude

Bar Admission

Michigan

1996

Phillip J. DeRosier

Member

Prominent Assignments

Mr. DeRosier is an appellate attorney specializing in state and federal civil appeals, zoning appeals, and bankruptcy appeals.  He has represented numerous businesses and individuals in the Michigan Supreme Court, Michigan Court of Appeals, and the United States Courts of Appeals for the 1st, 2nd, and 6th Circuits.  Those appeals involved a wide range of complex matters, from commercial contracts to insurance to construction, including the following:

  • Obtained a decision from the Second Circuit Court of Appeals affirming the district court's decision to vacate a $15 million jury verdict on a quasi-contractual claim brought under New York law.
  • On behalf of a national bank, obtained a peremptory reversal from the Michigan Supreme Court in a case in which the Michigan Court of Appeals imposed requirements for commencing a foreclosure by advertisement that went beyond the language of the governing statute.
  • Convinced the Michigan Supreme Court to reverse a judgment enforcing a purported settlement agreement, as there was no evidence that the parties had actually agreed to its essential terms. 
  • Defeated class certification in two consolidated lawsuits alleging that hundreds of homes experienced basement flooding due to a claimed defect in the city's sewage system.
  • Successfully represented a health insurer in an interlocutory appeal before the U.S. Court of Appeals for the Sixth Circuit, in which the Sixth Circuit reversed the district court’s order certifying a class of multiemployer health and welfare benefits funds alleging violations of ERISA and Michigan law. 
  • Successfully represented a casino in defeating a federal lawsuit brought by Michigan horse racing tracks seeking to invalidate a provision of the Michigan Constitution that limits the expansion of casino gaming in the state.
  • Represented an industry-leading chemical company in a matter of first impression before the Michigan Supreme Court, obtaining an opinion establishing the standards in Michigan for certifying class actions.
  • Represented a telecommunications provider in obtaining an opinion from the Michigan Supreme Court overturning a fine imposed by the Michigan Public Service Commission and rejecting U.S. Supreme Court precedent requiring deference to agency interpretations of statutes.
  • Represented a health insurer in the Michigan Supreme Court, obtaining an opinion affirming the Michigan Insurance Commissioner's decision to uphold a denial of coverage for unauthorized medical services.
  • Prevailed in the Michigan Supreme Court for an automotive manufacturer in a case of first impression finding no duty to protect against "take home" asbestos exposure. As a result, a $9.5 million judgment was overturned.
  • Successfully represented a hospital in a case before the Michigan Supreme Court in which the Court reversed a $30 million medical malpractice verdict and clarified the requirements in Michigan for the admission of expert testimony.
  • Prevailed in the Michigan Supreme Court on behalf of an automotive supplier, convincing the Court to reject an appeal by its insurance company seeking to overturn a $7.5 million default judgment resulting from discovery abuses in a coverage dispute.
  • Obtained a published opinion from the Michigan Court of Appeals on behalf of an automobile insurer affirming the dismissal of a class action alleging illegal insurance premiums and finding the law at issue to be unconstitutional.
  • Represented an automobile manufacturer in a bankruptcy appeal seeking to recover over $100 million in automotive tooling.
  • Represented a national investment banking firm in obtaining an opinion from the Michigan Court of Appeals upholding the dismissal, on forum non conveniens grounds, of claims arising out of a $50 million sale of municipal bonds.
  • Successfully defended an employer in a garnishment action that resulted in a published opinion from the Michigan Court of Appeals deciding an issue of first impression under the federal Consumer Credit Protection Act.
  • Successfully represented a national IT company in convincing the Michigan Court of Appeals to affirm the dismissal of various claims arising out of a $31 million stock purchase.
  • Obtained an opinion from the Michigan Court of Appeals affirming the dismissal of a lawsuit brought against an automotive supplier arising out of the failed sale of one of its manufacturing plants.
  • Successfully represented two individuals in obtaining an opinion from the Michigan Court of Appeals upholding the dismissal of minority shareholder oppression and fraud claims arising out of a shareholder dispute.
  • Prevailed on behalf of an automobile insurer in upholding the dismissal of claims seeking to recover $2.8 million under an agreement for automobile collision repair quality assurance services. 

Representative Clients

  • American Axle & Manufacturing, Inc.
  • AT&T Michigan
  • FCA US LLC
  • Ford Motor Company
  • JPMorgan Chase Bank, N.A.
  • MGM Grand Detroit, LLC
  • Michigan's Largest Health Care Company and Insurance Subsidiaries
  • The Dow Chemical Company

Professional Involvement

  • 2016 Michigan Appellate Bench Bar Conference, Secretary and Session Reporter
  • State Bar of Michigan Appellate Practice Section, Council Member and Past Chair
  • 2013 Michigan Appellate Bench Bar Conference, Secretary and Session Moderator
  • Detroit Regional Chamber of Commerce, Leadership Detroit (Class XXXIV) 
  • 2010 Michigan Appellate Bench Bar Conference, Secretary and Session Moderator 
  • Detroit Metropolitan Bar Association, Chair of the Appellate Practice Section 
  • 2007 Michigan Appellate Bench Bar Conference, Planning Committee 
  • 2004 Michigan Appellate Bench Bar Conference, Session Reporter

Community Involvement

  • Pro bono representation of clients in civil litigation and criminal appeals

Publications/Presentations

  • Co-Speaker, "Preparing to Write - Tips for the Planning Process" and "Suggestions for Writing a Persuasive Brief," State Court Administrative Office - Child Welfare Services Division Advanced Appellate Training, August 21, 2015
  • Michigan Appellate Handbook (ICLE, 2013), Chapter 6, "Interlocutory and Other Discretionary Review in the Court of Appeals"
  • Moderator, "Preparing to Win on Appeal Before Trial," 2013 Annual Meeting of the Michigan Defense Trial Counsel
  • Judicial Review of Arbitration Awards Under Federal and Michigan Law: Similar But Different, Michigan Bar Journal, February 2013, Volume 92, No. 2
  • Moderator, "Preservation and Presentation of Issues on Appeal," 2012 Annual Meeting of the State Bar of Michigan Appellate Practice Section
  • Court's Decision Extends Copyright Protection to Foreign Works, DRIToday – The Court Reporter (January 19, 2012)
    http://www.dritoday.org/commentary.aspx?ID=157
  • Michigan Civil Procedure (ICLE, 1999; rev. 2011), Chapter 13, Dispositive Motions
  • Regular Contributor to the Michigan Defense Trial Counsel's Michigan Defense Quarterly, "Appellate Practice Report" 
  • Understanding the Overrulings: A Response to Robert Sedler, 56 Wayne L. Rev. 1761 (2010) 
  • Bankruptcy Appeals: The Basics, NABTalk, Journal of the National Association of Bankruptcy Trustees, Spring 2011 
  • Speaker, "Your First Oral Argument in the Court of Appeals," Michigan Defense Trial Counsel's (MDTC) Young Lawyers Section Breakfast Seminar, August 12, 2010 
  • Speaker, "Law School for Journalists," Society of Professional Journalists - Detroit Chapter, October 10, 2009 
  • The "Ins and Outs" of Electronic Filing in the Sixth Circuit, Michigan Appellate Practice Journal, Spring 2009, Vol. 13 No.1 
  • The Nuts and Bolts of Bankruptcy Appeals, 87 Mich B J 30 (July, 2008) 
  • Speaker, "The Role of the Supreme Court Law Clerk," 2001 Michigan Appellate Bench Bar Conference

Experience

  • Law Clerk to the Hon. Robert P. Young, Jr., Michigan Supreme Court, 1999-2001; Michigan Court of Appeals, 1997-1999
  • Staff Attorney, Michigan Court of Appeals, 1996-1997