John J. Bursch

John J. Bursch
John J. Bursch, Michigan's 10th Solicitor General
10th Michigan Solicitor General
Incumbent
Assumed office February 28, 2011
Governor	Rick Snyder
Appointed by	Bill Schuette
Preceded by	B. Eric Restuccia
Personal details
Born	1972
Political party	Republican Party
Occupation	Lawyer
Website	Michigan Solicitor General Official Website

John J. Bursch (born in 1972) is the 10th Michigan Solicitor General. He was appointed by Michigan Attorney General Bill Schuette on February 28, 2011.^[1]

Contents 1 Background 2 Recognitions 3 Work as Michigan Solicitor General 4 Significant Cases 5 References 5.1 Notes 5.2 External Links

Background

Bursch graduated from Grand Ledge High School in 1990, and attended Western Michigan University, where he received degrees in Mathematics and Music summa cum laude and graduated from the Lee Honors College in 1994. In 1997, Bursch received his J.D. magna cum laude from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review and as Commencement Speaker.

After graduation, Bursch served as a law clerk to the Honorable James B. Loken on the United States Court of Appeals for the Eighth Circuit. He then entered private practice with Warner Norcross & Judd, where he founded and chaired the firm's Appellate Practice and Public-Affairs Litigation groups. During his time at Warner Norcross, Bursch successfully litigated appeals with more than $2.25 billion in controversy at every level of the Michigan and federal appellate systems. In addition to working with numerous Fortune 500 companies, John represented industry associations, citizens groups, Michigan legislators, local governments, three states, and Canada.

On February 28, 2011, Michigan Attorney General Bill Schuette named Bursch Michigan Solicitor General and Eric B. Restuccia Deputy Michigan Solicitor General, proclaiming them "the best one-two punch of any Attorney General's office in America."^[2]

Recognitions

Michigan Super Lawyers has listed Bursch as one of Michigan's Top 100 lawyers.^[3] He has also been listed in The Best Lawyers in America and is a Fellow of The Litigation Counsel of America, an invitation-only honorary society limited to less than one-half of one percent of all American lawyers.^[4] Bursch is the only attorney ever to receive back-to-back Distinguished Brief Awards for his advocacy before the Michigan Supreme Court.^[5][6] And in 2010, Bursch was honored with an appointment to the American Bar Association committee that reviewed Elena Kagan's writings before her Senate confirmation as a United States Supreme Court Justice.^[7] Bursch has also served in leadership positions for a number of appellate bar associations and community organizations, and he is currently the immediate Past-Chair of the American Bar Association's Council of Appellate Lawyers. John is a Life Member of the Sixth Circuit Judicial Conference, and in 2011, he was selected to be a Fellow of the Michigan State Bar Association, a recognition awarded to less than 5% of the total active membership of the State Bar, based on oustanding legal ability and service to the community, state, and nation. Also in 2011, Bursch became the inaugural recipient of The Carl and Winifred Lee Honors College Alumni Achievement Award at Western Michigan University in recognition of his distinguished career and professional life in a manner consistent with the values and tradition of honors education.^[8]

Work as Michigan Solicitor General

On March 30, 2011, Bursch presented oral argument to the United States Supreme Court in Talk America v. Michigan Bell Telephone Company, a case involving how much incumbent telecommunication carriers may charge competitive carriers for interconnecting with the incumbent network. U.S. Supreme Court Audio and Argument Transcript. The U.S. Supreme Court ruled unanimously in Bursch's favor on June 9, 2011. U.S. Supreme Court Opinion. Bursch then persuaded the Michigan Supreme Court to hear and decide immediately the constitutionality of a newly enacted Michigan statute that lifts Michigan's pension-tax exemption.^[9] He argued that case on September 7, 2011. Michigan Supreme Court Video. The Michigan Supreme Court upheld the statute, holding that a tax on public-pension distributions is constitutional. Michigan Supreme Court Opinion. On October 4, 2011, Bursch argued Howes v. Fields in the United States Supreme Court, a dispute involving when police must provide a Miranda warning to someone who is already in prison. U.S. Supreme Court Audio and Argument Transcript. Only two days later, on October 6, 2011, Bursch argued in the Michigan Supreme Court regarding the constitutionality of Michigan's felony statute for the non-payment of child support. Michigan Supreme Court Video. On October 31, Bursch argued Lafler v. Cooper in the U.S. Supreme Court, which involes the Sixth Amendment right to effective assistance of counsel. U.S. Supreme Court Audio and Argument Transcript.

Significant Cases

• In re Request for Advisory Opinion Regarding Constitutionality of 2011 PA 38, __ N.W.2d __ (Mich. 2011)
• Talk America, Inc. v. Michigan Bell Tel. Co., 131 S. Ct. 2254 (2011)
• Patchak v. Salazar, 632 F.3d 702 (D.C. Cir. 2011)
• Priority Health v. OFIR, __ N.W. 2d __, 489 Mich. 67 (Mich. 2011)
• Burleson v. Department of Environmental Quality, __ N.W.2d __, 2011 WL 1820109 (Mich. Ct. App. 2011)
• Bay City v. Bay County, __ N.W.2d __, 2011 WL 1272889 (Mich. Ct. App. 2011)
• Copus v. MEEMIC Ins. Co., __ N.W.2d __, 2011 WL 520557 (Mich. Ct. App. 2011)
• National Wildlife Federation v. DNR, 2011 WL 1004525 (Mich. Ct. App. 2011)
• Magellan v. Sylvan Township, 2011 WL 1901805 (Mich. Ct. App. 2011)
• Woods v. JLG Indus., 2011 WL 2342719 (Mich. Ct. App. 2011)
• Edry v. Adelman, 486 N.W.2d 634 (Mich. 2010)
• Citizens for Envtl. Inquiry v. Dep't of Envtl. Quality, 2010 WL 446047 (Mich. Ct. App. 2010)
• Spartan Graphics, Inc. v. Entermarket Corp., 2010 WL 4628643 (Mich. Ct. App. 2010)
• Old Republic Nat'l Title Holding Co. v. First Metropolitan Title Co., 2010 WL 1056609 (Mich. Ct. App. 2010)
• United States v. Huntington Nat'l Bank, 574 F.3d 329 (6th Cir. 2009)
• Quixtar, Inc. v. Brady, 2009 WL 1160273 (6th Cir. 2009)
• Hubbard v. GeoStar Financial Servs. Corp., 2009 WL 3486653 (6th Cir. 2009)
• Stormans, Inc. v. Selecky, 586 F.3d 1109 (9th Cir. 2009)
• Oneida Charter Twp. v. Grand Ledge, 771 N.W.2d 785 (Mich. 2009)
• Schaendorf v. Consumers Energy II, 2009 WL 563904 (Mich. Ct. App. 2009)
• Wolverine Power Supply Coop., Inc. v. De't of Envtl. Quality, 777 N.W.2d 1 (Mich. Ct. App. 2009)
• McKay Consulting, Inc. v. St. John Health, 2009 WL 127664 (Mich. Ct. App. 2009)
• NSK Corp. v. Robert Bosch Corp., 2009 WL 454940 (Mich. Ct. App. 2009)
• Reed v. Shurlow, 2009 WL 4827827 (Mich. Ct. App. 2009)
• Michigan Ass'n of Home Builders v. Director of Dept. of Labor & Econ. Growth, 750 N.W.2d 593 (Mich. 2008)
• Houdini Properties, LLC v. City of Romulus, 743 N.W.2d 198 (Mich. 2008)
• Benefiel v. Auto-Owners Ins. Co., 759 N.W.2d 814 (Mich. 2008)
• Tomecek v. Bavas, 759 N.W.2d 178 (Mich. 2008)
• Moore v. Detroit Enter., L.L.C., 755 N.W.2d 686 (Mich. Ct. App. 2008)
• Beaulier v. Ford Motor Co., 2008 WL 4367541 (Mich. Ct. App. 2008)
• Brooks v. Gill Indus., Inc., 2008 WL 1914795 (Mich. Ct. App. 2008)
• Kenny v. Pioneer State Mut. Ins. Co., 2008 WL 3851837 (Mich. Ct. App. 2008)
• Smiley v. Grosse Pointe War Memorial Ass'n, 2008 WL 509874 (Mich. Ct. App. 2008)
• Wallace v. Kato, 127 S. Ct. 1091 (2007)
• CETAC v. Kempthorne, 492 F.3d 460 (D.C. Cir. 2007)
• In re Sealed Appellant, 2007 WL 4245417 (5th Cir. 2007)
• ITT Indus. v. BorgWarner, Inc., 506 F.3d 452 (6th Cir. 2007)
• Czymbor's Timber v. City of Saginaw, 733 N.W.2d 1 (Mich. 2007)
• Sadowy v. Detroit Edison Company, 739 N.W.2d 87 (Mich. 2007)
• Strong Sales, Inc. v. Vriesman, 2007 WL 2379516 (Mich. Ct. App. 2007)
• Bristol West Ins. Co. v. Smith, 2007 WL 397161 (Mich. Ct. App. 2007)
• Schaendorf v. Consumers Energy I, 739 N.W.2d 402 (Mich. Ct. App. 2007)
• In re Howard J. Stoddard Trust, 2007 WL 4245406 (Mich. Ct. App. 2007)
• In re John Kotsonis Irrevocable Family Trust, 2007 WL 4126669 (Mich. Ct. App. 2007)
• Cuno v. DaimlerChrysler Corp., 126 S. Ct. 1854 (2006)
• Robert Bosch Corp. v. ASC Inc., 2006 WL 2595301 (6th Cir. 2006)
• Metro v. Amway Asia Pacific Ltd. et al., 2006 WL 2035510 (Mich. Ct. App. 2006)
• Lawnicki v. Wells Fargo Financial Leasing, Inc., 2006 WL 2685136 (Mich. Ct. App. 2006)
• Irish v. Natural Gas Compression Systems, Inc., 2006 WL 2000132 (Mich. Ct. App. 2006)
• Talbot v. RT Detroit Franchise L.L.C., 2006 WL 1084402 (Mich. Ct. App. 2006)
• Randolph v. Reisig II, 727 N.W.2d 388 (Mich. Ct. App. 2006)
• Sorkowitz v. Lakritz, Wissbrun & Assocs., PC, 706 N.W.2d 9 (Mich. 2005)
• Consumers Energy v. Leo Beard, 699 N.W.2d 303 (Mich. 2005)
• Henry v. The Dow Chemical Co., 701 N.W.2d 684 (Mich. 2005)
• Traxler v. Rothbart, 703 N.W.2d 796 (Mich. 2005)
• Ninowski v. McConnell, 2005 WL 2372071 (Mich. Ct. App. 2005)
• In re Estate of Reisman, 702 N.W.2d 658 (Mich Ct. App. 2005)
• Beauchamp v. Ford Motor Co., 205 WL 1229749 (Mich. Ct. App. 2005)
• Koons Buick Pontiac GMC, Inc. v. Nigh, 125 S. Ct. 460 (2004)
• Preserve the Dunes, Inc. v. MDEQ, 684 N.W.2d 847 (Mich. 2004)
• Buist v. Van Haren Elec., 2004 WL 2291354 (Mich. Ct. App. 2004)
• Morales v. Auto-Owners Ins. Co., 672 N.W.2d 849 (Mich. 2003)
• Randolph v. Reisig I, 2003 WL 22049115 (Mich. Ct. App. 2003)
• Weston v. AmeriBank, 122 S. Ct. 1172 (2002)
• Hayner v. Old Kent Bank, 2002 WL 227016 (Mich. Ct. App. 2002)
• American Bumper & Mfg. Co. v. TransTechnology Corp., 652 N.W.2d 252 (Mich. Ct. App. 2002)
• Wrench L.L.C. v. Taco Bell Corp., 256 F.3d 446 (6th Cir. 2001)

References

Notes

External Links

• Michigan Attorney General (official site)
• Michigan Solicitor General (official site)
• Michigan SG Twitter Feed