Phillip J. DeRosier

Member and Appeals and Advocacy Practice Group Co-Chair

Phil DeRosier has more than 20 years’ experience representing industry-leading corporations, banks, insurance companies, and individuals in the Michigan Supreme Court, Michigan Court of Appeals, and U.S. Courts of Appeals. Phil has briefed and argued a wide variety of appeals, ranging from commercial contracts to insurance to business torts. He also devotes a significant part of his practice to briefing dispositive motions and working with trial counsel on pre- and post-trial motions, jury instructions, and preserving issues for appeal.

Phil is a past Chair of the Governing Council of the State Bar of Michigan’s Appellate Practice Section, and is consistently recognized in Best Lawyers and Michigan Super Lawyers in the area of appellate practice. Phil is co-chair of the Michigan Appellate Bench Bar Conference and a contributing author to the Institute for Continuing Legal Education’s Michigan Appellate Handbook. Before joining the firm, Phil served as a law clerk for former Michigan Supreme Court Chief Justice Robert P. Young, Jr., and was a staff attorney at the Michigan Court of Appeals.

Education & Credentials

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

Michigan1996

Acknowledgements

Benchmark Litigation United States
- United States (National) and Local Litigation Star, 2024
Best Lawyers in America®
- "Lawyer of the Year," Appellate Practice - Detroit, 2018, 2021, 2024
- Appellate Practice, 2023-2024
The Legal 500 United States
- Appellate Litigation, 2018, 2022
Martindale-Hubbell® AV Rating
Michigan Super Lawyers®
- "Super Lawyers," Appellate Litigation, 2010-2023
- "Rising Stars," Appellate Litigation, 2008-2009
DBusiness
- "Top Lawyers," Appellate Law, 2013-2023
Recipient of the Thomas M. Cooley Law Review's Distinguished Brief Award, 2009

Representative Clients

AT&T Michigan
Enbridge Energy, Limited Partnership
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

Prominent Assignments

Convinced the Sixth Circuit Court of Appeals to reverse a grant of summary judgment against our client, an international clothing manufacturer, and to remand for trial on our client’s claims against a fabric supplier for breach of contract and warranty under the Uniform Commercial Code.
Secured a win in the United States Supreme Court on behalf of a client disputing the federal Securities and Exchange Commission’s authority to seek and obtain disgorgement in federal court for violation of securities laws.
Obtained a published decision from the Michigan Court of Appeals upholding a statute against a challenge that it violated the Title-Object Clause of the Michigan Constitution.
Successfully represented a national auto supplier before the Michigan Court of Appeals, resulting in a published opinion upholding the dismissal of a municipality’s breach of contract claim for lack of ripeness.
Convinced the Michigan Court of Appeals and Michigan Supreme Court to uphold the dismissal of claims against a Michigan public university for alleged violations of the Open Meetings Act.
Obtained a decision from the U.S. Court of Appeals for the Second Circuit 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 Michigan’s largest health insurance company in an interlocutory appeal before the U.S. Court of Appeals for the Sixth Circuit, which 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 before the U.S. Court of Appeals for the Sixth Circuit, which upheld the dismissal of a 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 one of the world’s largest chemical companies 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.
Convinced the Michigan Court of Appeals to affirm the dismissal of a lawsuit brought against an automotive supplier arising out of the failed sale of one of its manufacturing plants.
Obtained an opinion from the Michigan Court of Appeals upholding the dismissal of minority shareholder oppression and fraud claims arising out of a shareholder dispute.

Professional Involvement

2022 Michigan Appellate Bench Bar Conference, Co-Chair
2019 Michigan Appellate Bench Bar Conference, Co-Chair
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 Counsel to the Michigan Children’s Law Center
Pro bono representation of clients in civil litigation and criminal appeals

Experience

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

Publications/Presentations

Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 40, No. 1 - 2023). The report addresses application of the “plain error” rule to civil cases in Michigan state court appeals.
Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 39, No. 4 – 2023). The report addresses the types of issues that become moot on appeal.
Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 39, No. 3 – 2023). The report addresses the extent to which decisions that have been reversed or vacated can still have precedential value.
Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 39, No. 2 - 2023). The report discusses when issues on appeal can be rendered moot by subsequent developments.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 39, No. 1 - 2022). The report addresses the effect of post-judgment motions on the time to appeal.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 38, No. 4 - 2022). The report discusses determining the proper scope of a cross-appeal in the Michigan Court of Appeals, as well as the taxation of costs in favor of the prevailing party on appeal.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 38, No. 3 - 2022). The report addresses parties’ ability to raise changes in the law that occur while an appeal is pending.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 38, No. 2 - 2021). The report discusses potential pitfalls in drafting the statement of questions presented in an appellate brief, as well as the potential adverse effects that a stipulated dismissal “without prejudice” can have on appellate jurisdiction.
Co-Author, “Appellate Practice Report,” Michigan Defense Quarterly (Volume 37, No. 4 - 2021). The report addresses appealing the denial of a motion for summary disposition (Michigan state court) or motion for summary judgment (federal court) after a jury verdict.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 37, No. 3 - 2021). The report addresses determining the finality of orders in bankruptcy cases and submitting supplemental authority.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 37, No. 2 - 2020). The report discusses taxation of costs in Michigan appeals and tips for filing interlocutory appeals in the Michigan Court of Appeals.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 37, No. 1 - 2020). The report discusses raising unpreserved issues on appeal and oral argument in the time of COVID-19.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 36, No. 4 - 2020). The report discusses issues concerning how to determine if a judgment or order is final for purposes of appeal.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 36, No. 3 - 2020). The report discusses the proper scope of amicus briefs and the use of checklists in briefing and oral argument preparation.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 36, No. 2 - 2019). The report discusses denials of discretionary appeals “for lack of merit” and the “new science of brief writing.”
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 36, No. 1 - 2019). The report discusses citing unpublished opinions and the impact of the automatic bankruptcy stay on pending appeals.
Panelist, “Michigan Supreme Court Review,” The Federalist Society-Michigan Lawyers Chapter, May 23, 2019
Moderator, “Just the Facts: The Importance of Facts and the Appellate Record to Responsible Decision-Making and Appellate Advocacy,” Michigan Appellate Bench Bar Conference, May 28, 2019
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 35, No. 3 - 2019). The report discusses appeals involving multiple “final orders” and offers advice on avoiding “one note” arguments.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 35, No. 2 - 2018). The report addresses the Michigan Court of Appeals' newly-adopted rules governing exhibits and the appealability of dismissals "without prejudice."
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 35, No. 1 - 2018). The report addresses the determination of when an order is "final" for purposes of appeal and the ability of parties to stipulate to the dismissal of a case while reserving issues for potential future appeals.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 34, No. 4 - 2018). The report addresses the effect of delayed or non-service of a judgment or order on the appeal deadline, as well as sharing oral argument with co-parties.
Co-Author, "Appellate Practice Report," Michigan Defense Quarterly (Volume 34, No. 3 - 2018). The report addresses e-filing in the United States Supreme Court and jurisdictional vs. non jurisdictional appeal deadlines.
Co-Author, “Appellate Practice Report,” Michigan Defense Quarterly (Volume 34, No. 2 - 2017). The report addresses the Michigan Supreme Court’s use of “mini oral arguments” when deciding applications for leave to appeal, as well as the history and current status of the “absurd result” doctrine in Michigan.
Co-Author, “Appellate Practice Report,” Michigan Defense Quarterly (Volume 34, No. 1 - 2017). The report addresses judicial review of arbitration awards under Michigan’s Uniform Arbitration Act and judicial assignment in the Sixth Circuit Court of Appeals.
Co-Author, “Appellate Practice Report,” Michigan Defense Quarterly (Volume 33, No. 4 - 2017). The report examines civility in briefing and the effect of post-judgment motions on the time to appeal.
Co-author, “Michigan Supreme Court Holds That An Insurer’s Untimely Payment Of Underinsured Motorist Benefits Is Subject To Penalty Interest Even If Reasonably In Dispute,” Dickinson Wright Client Alert, May 2017
Co-Author, “Appellate Practice Report,” Michigan Defense Quarterly (Volume 33, No. 3 - 2017). The report discusses the use of checklists for briefing and argument, the effect of unresolved attorney fee motions on the finality of a judgment for purposes of appeal, and important amendments to the Federal Rules of Appellate Procedure.
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)
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