Attorney Michael J. Cook

Michael J. Cook

michael.cook@ceflawyers.com
P: 248-351-5437
F: 248-351-5469
VCard

 
Mike’s practice focuses on appellate and post-verdict litigation. After clerking for Michigan Supreme Court Justice Robert P. Young, Jr., Mike worked in the commercial-litigation department of a large Detroit-area law firm before joining Collins Einhorn’s appellate department. The majority of Mike’s practice involves briefing and oral advocacy in state and federal appeals. But his practice reaches beyond appellate courts. He has been retained to work with trial counsel to minimize risk exposure and posture a case for appeal through dispositive and other pre-trial motions. His post-trial work commonly includes addressing thorny entry-of-judgment issues, prevailing-party costs, and post-judgment motion practice aimed at framing issues for appeal.

Mike’s successful appellate practice is rooted in thorough research and readable, punchy writing. A federal district court judge commenting on a brief that Mike wrote said that it “had a special ability to take complicated issues and make them as straightforward as possible for me to understand.”


AREAS OF PRACTICE

Appellate
Medical Malpractice


EDUCATION

Case Western Reserve University School of Law
(J.D. magna cum laude, 2007)

Michigan State University
(B.A. with high honors, 2003)


ADMISSIONS

State Bar of Michigan
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Michigan
U.S. District Court, Western District of Michigan


ACCOMPLISHMENTS & AWARDS

Super Lawyers™
—- Rising Star (2014-2018)

DBusiness® Top Lawyer
—- Appellate Law (2017)

PROFESSIONAL ACTIVITIES

Association of Defense Trial Counsel
Michigan Defense Trial Counsel
—–– Editor, Michigan Defense Quarterly
Michigan Supreme Court Historical Society’s Advocates Guild
Oakland County Bar Association
State Bar of Michigan
—–– Appellate Practice Section


PROMINENT OUTCOMES

Medical Malpractice

Rock v Crocker, 499 Mich 247 (2016)—obtained leave to appeal and, after arguing before the full court, obtained opinion vacating part of the Court of Appeals’ opinion on an evidentiary issue concerning admissibility of alleged breaches that did not cause the alleged injury.

Williamson v Suleiman, unpublished order of the Court of Appeals, issued Apr. 15, 2016 (Docket No. 330396)—obtained order peremptorily reversing the trial court and ordering summary disposition for defendant based on affidavit-of-merit issue.

Weatherly v Baga, unpublished opinion per curiam of the Court of Appeals, issued Mar. 3, 2016 (Docket No. 324566); 2016 WL 857226-after successful application for leave to appeal, obtained reversal of order denying summary disposition based on causation in wrongful-death action.

Frazier v Uitvlugt, unpublished opinion per curiam of the Court of Appeals, issued May 24, 2016 (Docket No. 325241); 2016 WL 3020812—successfully defended no-cause-of-action verdict on appeal.

Kariott v Roche, unpublished opinion per curiam of the Court of Appeals, issued May 26, 2016 (Docket No. 326444); 2016 WL 3030914—successfully defended summary disposition in favor of defendant based on affidavit-of-merit issue.

Bindschatel v Traverse Anesthesia Associates, P.C., unpublished opinion per curiam of the Court of Appeals, issued Mar. 8, 2016 (Docket No. 323769); 2016 WL 901516—successfully defended order granting summary disposition based on deficient expert testimony concerning breach of the standard of care.

General Liability

DeVine v School District – Plaintiff filed suit against the School District alleging that the district was liable for the actions of one of its teachers who had engaged in a consensual sexual relationship with the plaintiff. The trial court granted the School District’s motion for summary disposition on the basis of governmental immunity and dismissed the suit in its entirety.

Ceaser v Gouda, unpublished opinion per curiam of the Court of Appeals, issued Aug. 21, 2014 (Docket No. 315446); 2014 WL 4160320—successfully obtained order granting leave to appeal and then reversal of trial court’s order denying summary disposition in premises liability case.

Wimberly v Forman Mills, Inc, 574 Fed Appx 621 (CA 6, 2014)—successfully defended order granting summary judgment for department store in premises liability case.

Kheder v Seterus, Inc, et al., unpublished opinion per curiam of the Court of Appeals, issued Mar. 28, 2013 (Docket No. 308227); 2013 WL 1286020—successfully obtained affirmance of summary disposition for winterizing company on plaintiffs’ trespass, conversion, and defamation claims arising out of winterizing of foreclosed residential home.

Legal Malpractice

Haddad v Randall S. Miller Associates, PC, 587 Fed Appx 959 (CA 6, 2014)—obtained affirmance of order dismissing Fair Debt Collection Practices Act claim based on interpretation of Michigan foreclosure statutes and judicial estoppel doctrine.

Wilson v HSBC Bank, N.A., et al., 594 Fed Appx 852 (CA 6, 2014)—secured affirmance of order granting motion to dismiss in Fair Debt Collection Practices Act case arising from foreclosure action.

Ghannam v Hamameh, unpublished opinion per curiam of the Court of Appeals, issued May 22, 2014 (Docket No. 313568); 2014 WL 2158174—obtained opinion affirming summary disposition for defendant attorney based on judicial proceedings privilege.

Souden v Bleich, unpublished opinion per curiam of the Court of Appeals, issued Apr. 17, 2014 (Docket No. 314143); 2014 WL 1515416—successfully obtained order granting leave to appeal and reversal of order denying summary disposition in legal malpractice case raising joint-enterprise theory of liability.

Slavik v The Baskin Law Firm, unpublished opinion per curiam of the Court of Appeals, issued Dec. 26, 2013 (Docket No. 311905); 2013 WL 6921530—secured order affirming summary disposition for defendants on former client’s breach of contract, unjust enrichment, conversion, and breach of fiduciary duty claims.


PUBLICATIONS & SPEAKING ENGAGEMENTS

Revisiting Bryant: Is it Medical Malpractice or Ordinary Negligence?, Michigan Defense Quarterly, Volume 34, Number 4 (2018)

Medical Malpractice Case Law Update (2015-2016), MDTC Annual Meeting, May 12, 2016

Revisiting Things That Go Bump in the Appellate Practitioner’s Night: Gelboim v Bank of America Corp and questions left unanswered for appeals in consolidated mutli-district cases, Michigan Appellate Practice Journal, Volume 19, Number 1 (Spring 2015)

Don’t Lose Your Appeal of Right: Final Orders, Merits Decisions, and Contractual Attorney Fees,The Journal of Insurance and Indemnity Law, Volume 7, Number 4 (October 2014)

Things That Go Bump in the Appellate Practitioner’s Night: In re: Refrigerant Compressors Antitrust Litigation and final order issues in consolidated multi-district cases, Michigan Appellate Practice Journal, Volume 18, Number 2 (Spring 2014)

Appellate Counsels’ Tips for Navigating Trial and Post-Trial Practice, 93 Michigan Bar Journal 62, by Noreen L. Slank and Michael J. Cook (2014)

Exemplary Damages Are Not an Excuse For Double Dipping (Unless the Legislature Says It’s OK), Michigan State Bar Negligence Law Section E-News (Fall 2012)

Get Out Now or Risk Being Taken Out By Force: Judicial Review of State Government Emergency Power Following a Natural Disaster, 57 Case Wes. Res. L. Rev. 265 (2006)


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