Varnum’s Appellate Litigation Team has secured several notable victories over the past year, earning precedent-setting rulings for clients across a range of industries and legal issues.
The Appellate Practice Team brings extensive experience before federal and state appellate courts nationwide. Several attorneys are former judicial clerks, offering valuable insight into how courts approach and decide cases. Working closely with the firm’s Litigation and ADR Practice Team, appellate lawyers are often involved early to help preserve issues for appeal, shape strategy, and ensure continuity throughout the litigation process. Their understanding of complex legal doctrines and procedural nuances has contributed to Varnum’s strong track record in both published and unpublished decisions.
Notable results in the past year include:
Sixth Circuit Reinstates ERISA Claims for Tiara Yachts
In Tiara Yachts v. Blue Cross Blue Shield of Michigan, 138 F.4th 457 (6th Cir. 2025), Varnum represented Tiara Yachts in an ERISA case alleging fiduciary breaches against Blue Cross Blue Shield of Michigan (BCBSM) tied to out-of-network overpayments under a pricing method called “flip logic.” BCBSM then profited from those overpayments through a “Shared Savings Program.” After the district court dismissed the case, Varnum appealed to the Ohio-based United States Court of Appeals for the Sixth Circuit, which reversed the dismissal and remanded the case, holding that Tiara Yachts had alleged fiduciary conduct and could seek restitution and disgorgement.
The team included partners Perrin Rynders, Aaron Phelps, and Herman Hofman, and attorney Neil Youngdahl.
Sixth Circuit Vacates $2.3M Ruling in Union Fund Dispute
In another win before the Sixth Circuit, Varnum represented Next Century Rebar in Trustees of Local 25 v. Next Century Rebar, 115 F.4th 480 (6th Cir. 2024), a dispute stemming from a Detroit construction project. Next Century hired out-of-state union workers and made contributions to their home benefit funds, but Iron Workers Local 25 later sought additional payments. After the district court entered a $2.3 million judgment against Next Century, Varnum successfully appealed. The Sixth Circuit reversed key rulings, vacated the $2.3 million judgment, and remanded the case for further proceedings.
The Varnum team included partner Maureen Rouse-Ayoub and attorney Neil Youngdahl.
Fifth Circuit Backs Varnum Client in Labor Case
In Hudson Institute of Process Research v. National Labor Relations Board, 117 F.4th 692 (5th Cir. 2024), the Louisiana-based United States Court of Appeals for the Fifth Circuit granted a petition for judicial reviewed filed by Varnum on behalf of an employer who the National Labor Relations Board had found to be in violation of federal law for refusing to bargain with a union. The Court found the bargaining unit was improperly certified due to the inclusion of supervisory employees.
The team consisted of partners Maureen Rouse-Ayoub and Sam Vitale, and attorneys Neil Youngdahl and Ashleigh Draft.
Sixth Circuit Strikes Down Michigan Energy Rule
In Energy Michigan v. Michigan Public Service Commission, 126 F.4th 476 (6th Cir. 2025), the Sixth Circuit agreed with the firm’s arguments in support of a challenge to the state’s “buy-local” rule requiring energy providers to source 2.7% of electricity locally. The Court found that the rule discriminated against out-of-state producers and may violate the dormant Commerce Clause of the U.S. Constitution. Drawing comparisons to a similar law previously struck down by the U.S. Supreme Court, the court remanded the case for further proceedings.
The team, which consisted of partners Brion Doyle, Tim Lundgren, Laura Chappelle, and Justin Ooms, represented Energy Michigan.
Sixth Circuit Grants Immunity to Kent County Deputies
In Hodges v. Abrams, 138 F.4th 980 (6th Cir. 2025), Varnum represented six Kent County deputies in a civil rights case involving the in-custody overdose death of a detainee. The firm argued the officers acted reasonably based on the detainee’s repeated denial of drug use, lack of overdose symptoms, and medical clearances. The Sixth Circuit reversed the lower court’s denial of qualified immunity and entered judgment in favor of the deputies, holding that they had acted appropriately.
The Varnum team consisted of partner Kyle Konwinski and attorney Neil Youngdahl.
These recent rulings highlight the firm’s ability to manage complex federal appeals and support clients through challenging litigation. Varnum’s appellate and litigation teams offer deep experience, sharp legal insight, and a strong record of success in high stakes appeals nationwide.
The firm’s success in federal courts over the past year builds upon a history of success in the Michigan appellate courts over recent years, including:
- In re Baby Boy Doe, 509 Mich. 1056; 975 N.W.2d 486 (2022) – obtained summary reversal from the Michigan Supreme Court on a statutory question of first impression, then prevailed in the Michigan Court of Appeals on remand, 344 Mich App 82; 998 NW3d 733 (2022). The Varnum team consisted of partners Tim Monsma and Herman Hofman.
- People v. Lyon, 509 Mich. 381; 984 N.W.2d 80 (2022) – Varnum partners Ron DeWaard, Brion Doyle, and Regan Gibson were a critical part of the defense team representing former Director of Michigan Health and Human Services, Nick Lyon, in charges stemming from the Flint Water Crisis. In what was described as “an astonishing defeat” by The Associated Press, the Michigan Supreme Court threw out indictments brought by Attorney General Dana Nessel against the former director.
- Sheffield v. Detroit City Clerk, 508 Mich. 851; 962 157 (2021) – obtained emergency relief from the Michigan Supreme Court in an election case regarding revisions to the City of Detroit’s charter. The Varnum team consisted of partners Aaron Phelps, Kyle Konwinski, and Regan Gibson, and attorney Jailah Emerson.
- Core Values Construction v. Sheehan’s on the Green, Dkt. No. 369250, 2025 WL 1900461, — N.W.2d – (Mich. Ct. App. July 9, 2025) – successfully defended dismissal of construction dispute, resulting in a published opinion. Varnum attorney Neil Youngdahl represented Sheehan’s on the Green.
- EGLE v. Holloo Farms, Dkt. No. 365934, 2024 WL 3906647, — N.W.3d – (Mich. Ct. App. Aug. 22, 2024) – successfully defended dismissal of an agency enforcement action against a farm, resulting in a published opinion. The Varnum team consisted of partner Aaron Phelps and attorney Neil Youngdahl.
- Braun v Fishbeck, Dkt. No. 358012, 2022 WL 4281801 (Mich. Ct. App. Sep. 15, 2022) – successfully defended a favorable judgment in a multi-million property dispute between siblings. The Varnum Team consisted of partner Sarah Wixson and attorney Jordan Valentine.
To learn more about Varnum’s appellate capabilities, contact a member of the Appellate or Litigation Practice Teams.
