The Guardian Building
500 Griswold St., Suite 2825
Detroit, MI 48226
Jacobs and Diemer were hired to contest a District Court’s Order that certified the claims of more than 16,000 current and former prisoners to be tried as a class action against Wayne County. Obtaining a reversal of the class certification decision presented two significant hurdles: (1) interlocutory review is disfavored in the federal system and (2) the order appealed from was reviewed for an abuse of discretion.
Jacobs and Diemer overcame both obstacles as the 6th Circuit Court of Appeals Granted the Interlocutory Petition for Permission to Appeal and then later Reversed the Order Certifying the Class, without exception and without an opportunity to re-formulate the class on remand.
Read the opinion here [pdf]
When a municipality was faced with a civil rights lawsuit for money damages, it faced the additional, daunting prospect of defending the claim without any liability insurance protections. After the city’s insurer carrier declined to cover the claim, Tim Diemer was hired to pursue a breach of contract and declaratory judgment action in federal court. After a year and a half of litigation, the carrier was compelled to live up to its insurance commitments by the grant of summary judgment in favor of the municipality, which also required reimbursement of the city’s out-of-pocket defenses costs coupled with an award of penalty interest.
Read the opinion here [pdf]
Mr. Diemer represented the owner of a seasonal campground against a trespass claim stemming from a boundary line dispute with a neighbor. When the trial court refused to declare the campground to be the legal owner of the disputed parcel of land and order a dismissal of the case, Mr. Diemer′s interlocutory appeal resulted in the Court of Appeals peremptorily granting judgment as a matter of law in favor of the campground, without additional briefs or oral argument, saving the client unnecessary legal costs and fees, garnering a decisive victory at the application stage. In the end, the client completely avoided all liability in the principal trespass suit and the counter claim to quiet title resulted in the campground acquiring free and clear title to the disputed property. See Court Of Appeals Order [pdf]
After a local utility was informed by the insurer in liquidation that its significant property loss was deemed to be completely excluded from coverage, Mr. Diemer was retained to contest the denial of coverage pursuant to the administrative claims process in a foreign jurisdiction on a Pro Hac Vice basis. Shortly after the objection to the denial of coverage was presented, the insurer relented, allowing coverage for the claim and a favorable settlement was reached. This result was obtained at minimal cost without the need of a full blown adversarial hearing or lengthy, drawn out administrative appellate process. See Amended Notice of Determination [pdf]
While the majority of the firm′s appellate work is focused on seeking a reversal of a “bet-the-company” judgment, from time to time, the firm is called upon to preserve a hard fought victory in the trial court. In one such case, Mr. Diemer defeated an appeal filed by the plaintiff in a catastrophic injury case where the settlement demand from plaintiff′s counsel was millions of dollars. Urging the federal appellate court not to expand available liability theories of state law in this diversity case, the appellate court unanimously affirmed the lower court′s dismissal of the action, preserving the victory with significant potential exposure on the line. See Opinion of the Sixth Circuit Court of Appeals[PDF]