J.R. Poll

I successfully represented the individual Plaintiffs-Appellants in an appeal as of right from the trial court’s order granting summary disposition in favor of Berrien County.  The primary issue on appeal was whether Berrien County’s operation of a shooting range in Coloma Township was subject to the Coloma Township Zoning Ordinance.  This issue had been the subject of litigation starting in 2005.  I prepared the brief on appeal, presented oral argument in the Court of Appeals and obtained reversal of the trial court’s order in a published opinion.  Herman v Berrien County, 317 Mich App 127 (2016).  The Michigan Supreme Court initially granted Berrien County’s application for leave to appeal.  I prepared the brief on appeal on behalf of the Plaintiffs-Appellants and presented oral argument before the Michigan Supreme Court.  Three weeks after oral argument, the Supreme Court vacated its prior order granting leave to appeal and denied the County’s application.  This order preserved my clients’ victory in the published Court of Appeals opinion. 

I successfully represented the Defendants-Appellees in the Plaintiff’s appeal as of right from the trial court’s order finding the plaintiff’s expert unqualified to offer the standard of care testimony under MCL 600.2169. The Court of Appeals affirmed in a unanimous unpublished opinion.  (COA Docket #: 332063). I successfully represented the Defendants-Appellees with respect to Plaintiff’s Application for Leave to Appeals to the Michigan Supreme Court resulting in the denial of Plaintiff’s Application.

I successfully represented the Defendants-Appellees in the Plaintiff’s interlocutory appeal challenging the trial court’s orders dismissing plaintiff’s wrongful death claim and denying plaintiff’s motion to exclude the testimony of the defense oncology expert. The Court of Appeals affirmed the trial court on both issues in a unanimous unpublished opinion.  (COA Docket #: 336939).