John has argued 32 Michigan Supreme Court cases, 30 of them just since 2011, and has argued multiple cases in the Michigan Supreme Court eight of the last ten Terms (five in the 2016-17 Term alone). John has received a record nine Distinguished Brief Awards for his Michigan Supreme Court work, and he is the principal author of the Guide to Counsel, the Court's own publication regarding effective written and oral advocacy before the Court.

 

John's arguments include many of the Michigan Supreme Court's most significant decisions in recent years, such as the validity of Michigan's Freedom to Work legislation, the proper legal standard to apply when assessing the validity of commercial non-competes, the interplay between Michigan's sales and use taxes, the constitutionality of Michigan's deadbeat-parent law, and multiple disputes involving Michigan ballot initiatives.

 

Representantive Michigan Supreme Court arguments

  • Council of Organizations and Others for Education About Parochiaid v. State, __ N.W. 2d __, 2020 WL 8019955 (Mich. 2020) (affirming favorable Court of Appeals ruling that allows private religious schools to receive state appropriations for health and safety mandates, notwithstanding Michigan's Blaine Amendment)
  • Michigan Senate & House v. Secretary of State (argued March 11, 2020) (represented the Michigan Senate & House in asking the Court to hold that the Legislature has standing to defend a law when the executive branch fails to defend and affirmatively attacks it, and to uphold the validity of PA 608, creating geographic-distribution and other requirements for Michigan ballot proposals; successfuly dismissed on standing)
  • In re Advisory Opinion on 2018 PA 368 & 369 (argued July 17, 2019) (represented the Michigan Senate & House in defense of their "adopt and amend" procedure related to a ballot initiative)
  • City of  Coldwater v. Consumers Energy Co. & City of Holland v. Consumers Energy Co., 895 N.W.2d 154 (Mich. 2017) (scope of a regulated utility's "right of first entitlement")
  • Kemp v. Farm Bureau General Ins., 901 N.W.2d 534 (Mich. 2017) (scope of No-Fault Act's parked-vehicle exception)
  • Yono v. Department of Transp., 885 N.W.2d 445 (Mich. 2016) (establishing that a parallel-parking lane is not "designed for vehicular travel" within the meaning of the highway exception to the Governmental Tort Liability Act)
  • Hecht v. National Heritage Academies, 886 N.W.2d 135 (Mich. 2016) (vacating jury verdict in favor of former employee because trial court erroneously admitted evidence of defendant school's mandatory reporting of employee's misconduct under MCL 380.1230b)
  • Innovation Ventures, LLC v. Liquid Mfg., LLC, 885 N.W.2d 861 (Mich. 2016) (establishing standards for evaluating commercial non-competes  and adequacy of contractual consideration)
  • UAW v. Green, 498 Mich. 282 (Mich. 2015) (successful defense of Michigan's Freedom to Work law as applied to the state civil service)
  • Andrie, Inc. v. Treasury, 819 N.W.2d 920 (Mich. 2014) (successful litigationof sales- and use-tax dispute with $2 billion at stake)
  • Service Source, Inc. v. DHL Express (USA), 856 N.W.2d 60 (Mich. 2014) (successful vacation of leave grant, preserving multi-million-dollar trial-court award)
  • Speicher v. Columbia Tp. Bd. of Trustees, 860 N.W.2d 51 (Mich. 2014) (availability of costs and attorney fees under the Open Meetings Act)
  • Smitter v. Thornapple Twp., 833 N.W.2d 875 (Mich. 2013) (successful appeal involving coordination of benefits under the Michigan Worker's disability Compensation Act)
  • State v. McQueen, 828 N.W.2d 644 (Mich. 2013) (legality of medical-marijuana dispensaries)
  • Protect Our Jobs v. Bd. of State Canvassers, 822 N.W.2d 534 (Mich. 2012) (represented Michigan's Governor and Attorney General and argued three different Michigan Supreme Court cases in one day involving challenges to various 2012 ballot initiatives)
  • Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012) (successfully reversed long-standing Michigan Supreme Court precedent regarding standard for challenging a ballot initiative)
  • People v. Likine, 823 N.W.2d 50 (Mich. 2012) (successful defenseof Michigan's deadbeat-parent statute)
  • Priority Health v. OFIR, 803 N.W.2d 132 (Mich. 2011) (reversed Court of Appeals and upheld mandatory-minimum employer-contribution provision in health insurance policies)