Conor B. Dugan
- Senior Counsel
My admin
- Andrea Rule
industries
practices
Federal Courts of Appeals
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Election Law
- United States v. New York State Bd. of Elections, No. 10-2320 (2d Cir. Sept. 7, 2010) (successfully represented the United States as Appellee in defending the enforcement of the Help America Vote Act (HAVA)) (briefed and argued).
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Criminal Law
- United States v. Perez-Laguna, 357 F. App’x. 507 (4th Cir. 2009) (represented the. United States as Appellee in a sex-trafficking case defending allegation of a breach of the plea agreement and an error in sentencing guideline calculation)
- United States v. Aguilar, 242 F. App’x. 239 (5th Cir. 2007) (successfully represented the United States as Appellee on appeal of a
Federal Courts of Appeals
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Election Law
- United States v. New York State Bd. of Elections, No. 10-2320 (2d Cir. Sept. 7, 2010) (successfully represented the United States as Appellee in defending the enforcement of the Help America Vote Act (HAVA)) (briefed and argued).
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Criminal Law
- United States v. Perez-Laguna, 357 F. App’x. 507 (4th Cir. 2009) (represented the. United States as Appellee in a sex-trafficking case defending allegation of a breach of the plea agreement and an error in sentencing guideline calculation)
- United States v. Aguilar, 242 F. App’x. 239 (5th Cir. 2007) (successfully represented the United States as Appellee on appeal of a prosecution of a police officer for civil rights violations, witness tampering, and the making of a false statement) (briefed and argued).
- United States v. Lanham, 617 F.3d 873 (6th Cir. 2010) (successfully represented the United States as Appellee on appeal of prosecution of prison guards for civil rights violations and obstruction of justice for the rape and beating of a pretrial detainee) (briefed and argued).
- United States v. Kaufman, 546 F.3d 1242 (10th Cir. 2008) (successfully represented the United States as Appellee on appeal of prosecution of a conspiracy to commit forced labor, involuntary servitude, health care fraud, and obstruction of justice) (co-lead counsel; briefed).
- United States v. Pilati, 627 F.3d 1360 (11th Cir. 2010) (successfully represented the United States as Appellee on appeal of civil rights prosecution of district attorney’s sexual misconduct resulting in affirmance and the first published opinion on issue of first impression) (briefed and argued).
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Immigration
- Gallegos v. Gonzales, 161 F. App’x. 398 (5th Cir. 2006) (successfully represented the Attorney General in defending a petition of review of an order of the Board of Immigration Appeals).
- Abdulnour v. Gonzales, 177 F. App’x. 597 (9th Cir. 2006) (successfully represented the Attorney General in defending a petition of review of an order of the Board of Immigration Appeals).
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Civil Rights
- Khatib v. County of Orange, 639 F.3d 898 (9th Cir. 2011) (en banc) (briefed and argued as amicus curiae resulting in unanimous opinion affirming that Orange County’s jailhouse detention center was an institution for the purposes of the Religious Land Use and Institutionalized Persons Act (RLUIPA)).
- Armstrong v. Schwarzenegger, 392 F. App’x. 532 (9th Cir. 2010) (briefed and argued as amicus curiae that the ADA and Rehabilitation Act regulations at issue in the case were neither contrary to the acts’ statutory language nor arbitrary or capricious).
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Attorneys’ Fees/Constitutional Law
- Rothe Development Corp. v. Department of Defense, 374 F. App’x. 36 (Fed. Cir. 2010) (successfully represented the Department of Defense as Appellee in arguing that it had been substantially justified in defending constitutionality of provision of the National Defense Authorization Act) (briefed and argued).
State Appeals
- Johnson v. Dept. of Natural Resources, Nos. 321337-9, Mich Ct Appeals (Application granted Sept. 18, 2014) (Appeal Pending) (Filed amicus curiae brief on behalf of a dozen agricultural, environmental, and conservancy groups urging the Court of Appeals to grant application for leave to appeal in case involving Michigan’s feral pig ban).
- COA: Insurers may not limit liability for judgment interest without express policy language
- MSC overrules COA decision holding a motion to change schools is not an order affecting the custody of a minor
- COA holds that the Revocation of Paternity Act applies to children conceived via in-vitro fertilization
- MSC broadens parked-car exception to the Michigan no-fault insurance act
- COA Interprets Earth Movement Exclusion As Applying to Any Earth Movement
- COA: For statute of limitations purposes, a wrong is done when the plaintiff is harmed
- MSC holds that healthcare providers do not have a direct cause of action against no-fault insurers
- MSC holds municipal corporations that have not consented to MPSC jurisdiction are not subject to the MPSC’s first entitlement rule
- COA holds that trial courts have authority to make factual findings regarding “special immigrant juvenile” status
- COA: $100 probationary fine for juvenile offenders has no statutory basis
- COA holds that a party cannot imply a contract with consignee liability when express contracts exist on the issue; likewise there can be no unjust enrichment without an implied contract
- COA holds Michigan Board of Chiropractic has absolute immunity as a quasi-judicial actor
- MSC clarifies scope of trial on remand in light of its previous decision
- COA: In order to have physical child custody, parent must live in country signed onto child abduction treaty
- COA holds that waiver doctrine will not be expanded to include risks not contracted for
- COA holds that union security agreements executed after Michigan Right to Work cannot be enforced
- COA rules trial court must make initial child custody finding before referring to friend of the court for investigation
- COA holds that an attorney employed by the conservator of an estate represents the conservator, not the estate
- COA holds that MCR 2.116(I) permits courts to grant summary disposition on the pleadings, but a court must still afford litigants due process
- COA rules that water leaking from defective fridge was proximate cause in slip and fall case
- COA holds that a circuit court must always hold an adjudicative proceeding prior to a dispositional proceeding with respect to child protective proceedings
- COA holds that school districts are free to ban guns in schools
- COA holds that under the Governmental Immunity Act, an individual need not list all witnesses in intent to sue
- COA rules that “reasonable efforts” to procure payment do not extend to appealing the decision prior to obtaining no-fault benefits
- COA holds that filling activities on owner’s wetland are not considered farming activities for purposes of NREPA
- COA holds that a custom-furnishings carpenter is liable for use tax as construction contractor
- COA holds that child’s intent is relevant inquiry for child support after age of majority reached
- COA holds that no signature is required in a will if clear and convincing evidence establishes decedent intended the document to constitute his or her will
- COA holds that property tax foreclosure statute does not usurp Supreme Court’s procedural rulemaking authority
- COA: Nonprofit hospital’s property tax exemption does not extend to its for-profit subsidiary
- COA holds that mere enforcement delay does not create a vested right to use property in violation of zoning regulations
- COA holds that neither a party to litigation nor its representative is eligible to receive expert witness fee
- COA holds that remedial promises for defective goods are not warranties and nave separate statutes of limitation
- COA holds that insured party does not need legal interest in insured property to be indemnified
- COA states that where insurance policy contains an “all risk” provision, a loss is not covered if it comes within any specific policy exclusion
- COA holds that where public body did not regularly violate the Open Meetings Act, there is no cause for injunctive relief
- COA again determines that the claims records of the Michigan Catastrophic Claims Association are not subject to disclosure
- COA holds that Judge Peter D. O’Connell is not the incumbent for the office held by Judge Michael Gadola
- COA holds that order denying a motion to change schools is not an order affecting the custody of a minor
- COA holds that order requiring instant makeup of parenting time is not an order that affects custody and therefore is not appealable by right
- COA holds that petitioner failed to rebut the fit-parent presumption in grandparenting time petition
- COA holds that a claim properly under the Court of Claims’ jurisdiction may be joined with a claim in a circuit court through the parties’ conduct
- COA holds that a medical malpractice claim runs from when plaintiff “should have” discovered the claim, not when it “could have” discovered it
- MSC to hear mini-oral argument on whether coach’s actions were a proximate cause of student’s injuries
- MSC “draws the line” on the highway exception to governmental immunity
- COA holds that “rule of mandate” prevents lower court from exceeding scope of remand order
- COA: Where plaintiff failed to disclose existence of parties’ minor children, trial court properly dismissed divorce complaint without prejudice
- COA: Regardless of a showing of actual knowledge, failure to follow the directions of Revenue Bonding Act or its municipal equivalent will not prevent utility liens from arising on a subject property
- COA: In an involuntary child protective proceeding if there is reason to believe a child is an Indian child, notice must be made to the tribe he is believed to be a part of
- COA: A child’s videotaped testimony cannot serve as substantive evidence in a parental-rights adjudication hearing
- COA: Compliance with FOIA requires a response to, and not fulfillment of, a request for documentation
- COA: Court of Claims has jurisdiction to hear and decide writ of mandamus case brought by Court of Appeals judge seeking reelection
- COA declines to expand narrow intentional tort exception to exclusive remedy provision of Workers Disability Compensation Act
- COA holds that attorneys are members of a “public body” under the Whisteblower’s Protection Act
- COA holds that no additional cause of action is needed to impose after-the-fact individual liability on a shareholder of a judgement-debtor corporation
- COA holds that insurance policy exclusion related to contractors does not include homeowners
- COA holds that Michigan Employment Relations Commission has exclusive jurisdiction over claims brought against union
- COA holds that trial courts must adhere to court rules when deciding a plaintiff’s request for a receiver
- COA: Where property has deed restrictions a cost-less-appreciation is more appropriate than sales-comparison approach to valuation
- COA: Insurance policy requiring “direct contact” with an unidentified vehicle limits plaintiff’s claim for uninsured motorist benefits
- COA – County Child Care Fund responsible for payment of half of the supervision costs related to foster care placements
- COA – A corporation’s health or enjoyment of the environment may be adversely affected by a release or threat of release from a facility, thus it has standing to bring suit under the NREPA
- COA – Indirect ownership under MCL 208.1117(6) means ownership through an intermediary, not ownership by operation of legal fiction
- MSC: Arbitration clause included in invoice for art purchased on a cruise ship does not apply retroactively to previous purchases
- COA: Nature, not necessarily nurture, establishes the familial link for inheritance purposes involving a posthumously-born child
- COA – Plain language of MCL 552.101 does not affect post-judgment action of decedent naming ex-wife as life insurance beneficiary
- COA – Two statutes relating to the recovery of bail forfeitures do not conflict and each is a viable remedy for commercial surety companies
- A Michigan Justice Reflects on Justice Scalia
- COA – DHHS could not recover Medicaid debt incurred by decedents’ estates consistent with due process
- COA: Michigan Indian Family Preservation Act Not Unconstitutionally Vague
- COA – Municipality allowed to treat water service arrearages as a lien and place them on municipality’s tax rolls
- COA – False academic credentials issued by online university have no place in the State of Michigan
- COA – “Components of a pension” do not include choice in form of payment
- COA – Skilled nursing facility responsible for patient’s medical expenses because it assumed financial responsibility under contract with health insurance provider
- COA – Union’s repeated inclusion of prohibited provisions in contract proposal constituted bad faith
- COA – Slip and fall plaintiff did not have burden to present evidence establishing a question of fact in defendant’s motion for summary disposition
- COA – Unprofitability due to deflation of market prices is not a force majeure event in a “take-or-pay” contract dispute
- COA: In light of Obergefell, Equitable Parent Doctrine no longer limited to the confines of marriage as previously defined by Michigan Constitution and statutory law
- COA: Under the Whistleblowers’ Protection Act, an adverse employment action must be more than an a mere inconvenience
- COA: An injured party’s failure to submit to a medical examination or an examination under oath does not establish, as a matter of law, ineligibility under no-fault act
- COA: If insurer has written notice of third party’s claim, its liability is not discharged by settling with insured under MCL 500.3112
- COA: Co-owner of condominium unit is not a tenant of common areas of development, nor is he a licensee or invitee for premises liability purposes
- COA determines that a member of the public lacks standing because the statute provides no legal cause of action for the public
- COA: Estate planning documents that name the drafting attorney as a beneficiary are not per se invalid
- COA: Parties’ intent determines whether health care benefits survive CBA’s expiration
- COA holds that a claim for underinsured motorist benefits is a third-party tort claim for purposes of the Michigan Uniform Trade Practices Act
- MSC to address whether driving an uninsured vehicle in husband’s name is an “owner” under no-fault
- COA holds truck engaged in towing objects is being used as a “motor vehicle” within meaning of Michigan No-Fault Act
- COA: Medical bill and records do not constitute notice that would toll the statute of limitations on action to recover personal protection insurance benefits
- COA: Under MCL 600.2912d(2), plaintiffs may file AOM within 28 days of medical malpractice complaint where delay is due to defendants’ assurances
- COA: A person appointed to a receivership cannot be held personally liable for attorney fees
- COA: MERC erred in refusing to permit employer to pursue an alternative claim
- COA – WPA plaintiffs must be a current employee and are obligated to prove their whistleblowing objectively advances the public interest
- COA awards attorney fees to summer resort based on bylaws provision contemplating both lien and legal action to collect delinquent dues
- COA: No clear error where trial court makes findings of fact and evidentiary evaluations under MCR 2.504(B)(2)
- MSC: E-mail Requesting Increased Settlement Offer is Not Itself an Offer
- MSC to hear mini-oral argument on the proper standard for reasonable attorney fee determinations in no-fault insurance suits
- COA: A plaintiff cannot rely on the internal documents of a defendant transportation authority to satisfy the notice requirement under the MTA Act
- COA: Proper consideration of a child’s best interests in custodial dispute does not require court to interview the child to determine the child’s reasonable preference
- COA: A “finder” may not have to register under Michigan’s Uniform Securities Act
- COA to lower courts: Consider proper statutory factors before ruling on child-custody jurisdiction
- MSC: Governmental employee’s failure to intervene in victim’s already initiated drowning does not transform inaction into the proximate cause of the victim’s death
- COA concludes that cities served by a district court located elsewhere must financially support that court, and are not entitled to share in court revenues collected for purposes other than prosecutio
- COA holds that City of Flint violated its own sewer and water ordinances, limits Emergency Manager powers
- COA: Termination of parental rights under Indian Child Welfare Act requires expert testimony regarding likely harm of continued parental custody
- COA: Training enrollment deadlines of the Trade Act of 1974 do not apply to training waivers
- MSC holds that courts have original jurisdiction over claims against governmental subdivisions
- COA clarifies the proper method for annual CPI adjustments for MPSC rate setting and holds that for purposes of rate setting by the MPSC, a statute is implemented when it takes effect
- COA determines that agencies may amend rules after public comment stage has ended
- COA reiterates the finality of arbitration awards
- COA: Res judicata need not bar piercing the corporate veil post-judgment
- COA considers whether certain claims in a church dispute are barred by the religious protections of the First and Fourteenth Amendments
- MSC to decide whether contractors that prevail on contract claims are entitled to attorney fees under the Construction Lien Act where their lien foreclosure claims remain unresolved
- MSC to determine where remaining funds donated to help ailing man should go
- COA determines that Michigan’s Medicaid estate recovery program does not require notice of recovery upon Medicaid enrollment
- COA: MCR 2.405’s offer of judgment sanctions do not include appellate fees and costs nor are judgment sanctions entitled to statutory judgment interest
- COA: A farm equipment dealer must terminate agreement with supplier by certified mail to obtain relief under the Farm and Utility Equipment Act
- COA adopts SCOTUS’ functionality approach to determine whether a legislator’s acts are immune from civil liability
- COA: dismissal of medical malpractice action against doctor without prejudice does not bar an action against doctor’s principals
- MSC grants mini-oral argument to consider whether termination of parental rights was in best interests of child
- COA holds Fraternal Order of Police Associates and Olympia Entertainment are not liable for homicides after serving alcohol to murderer
- COA clarifies distance calculations under Michigan’s 100 mile rule in child custody disputes
- COA concludes that a party who prevails under the Revocation of Paternity Act may vacate a prior child support order
- COA holds that part of a facility may qualify for air pollution control tax exemptions but the State Tax Commission must seek MDEQ’s approval before granting such exemptions
- MIFPA’s high standard for denying request to transfer adoption proceedings to tribal court may give tribes a second bite at the apple
- COA distinguishes standards affiliated with a modification of custodial environment and a modification of parenting time
- COA holds real estate broker liable for slander of title for failing to comply with the Commercial Real Estate Broker’s Lien Act
- COA upholds merit-based layoffs for teachers
- COA affirms paternity determination and child custody and parenting time award, demonstrating great deference to trial court
- COA: a car rental agency may not contract to shift burden of maintaining vehicle insurance on short-term renter
- COA rules unilateral mistake no defense to binding settlement agreement
- COA holds that Workers Compensation magistrates must consider all information in a criminal indictment before excluding the entire document
- COA: State Law’s preference for placing Indian children within Indian culture more robust than that of Federal Law
- No-fault insurer liable for attorney fees after its attempt to “rewrite” statute and failure to pay first and seek reimbursement later
- COA holds that the Michigan Trust Code’s statute of limitations provision applies retroactively so long as an individual’s rights have not been impaired
- COA concludes that donors’ names are subject to FOIA disclosure
- COA upholds former Assistant Attorney General’s just-cause termination for public anti-gay remarks
- 51 Warner Attorneys Rated 2021 Top Lawyers by Grand Rapids Magazine
- Michigan State Bar Recognizes Warner for Pro Bono Contributions
- 35 Warner Attorneys Rated 2020 Top Lawyers by Grand Rapids Magazine
- 27 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- 25 Warner Attorneys Recognized as Rising Stars
- Two Warner Attorneys Receive 2017 Distinguished Brief Award
- 26 Warner Attorneys Recognized as Rising Stars
- Conor B. Dugan Joins Catholic Charities West Michigan Board of Directors
- Warner Asks SCOTUS to Clarify Issue Present in 20+ Percent of All Bankruptcy Filings
- Conor B. Dugan Receives Amicus Service Award from International Municipal Lawyers Association
- “Rule 54(b): Have the Courts Been Getting It Wrong?,” America Bar Association, Section of Litigation, 3/6/2015
- “Rule 54(b): Have the Courts Been Getting It Wrong?,” America Bar Association, Section of Litigation, 3/6/2015
