Gaëtan Gerville-Réache

Experience

State and Federal Appeals

• United States v. Huntington National Bank, 682 F.3d 429 (6th Cir. 2012) (persuaded the Sixth Circuit to reverse the district court's order of forfeiture and order the government to release to Huntington $700,000 seized from a bank customer's account which secured Huntington's loans to the customer)
• Cooper v. Edgewater Bank, No. 296189, 2011 WL 2848782 (Mich. Ct. App. July 19, 2011) (persuaded the Court of Appeals to affirm the grant of summary disposition to Fifth Third Bank in a dispute with heirs over whether the bank properly changed the beneficiary designations on the decedent's certificates of deposit)
• NDC of Sylvan, Ltd. v. Township of Sylvan, No. 2011 WL 1901805 (Mich. Ct. App. May 19, 2011) (successfully persuaded the Court of Appeals to reverse a $2.4 million judgment against Sylvan Township and to vacate a permanent injunction that would have cost Sylvan Township an additional $3.4 million, in a dispute over $8 million in special assessments)
• National Wildlife Federation v. Department of Natural Resources, No. 293779, 2011 WL 1004525 (Mich. Ct. App. Mar. 22, 2011)
• Stout Tool Corp. v. Kane, 488 Mich. 869, 788 N.W.2d 420 (2010) (successfully persuaded the Michigan Supreme Court to deny leave to appeal from enforcement of a settlement agreement)
• Isom v. NE Lots LLC, No. 288378, 2010 WL 143470 (Mich. Ct. App. Jan. 14, 2010) (persuaded the Michigan Court of Appeals to affirm a declaration that the intestate heirs' rights to share in the proceeds of a million-dollar estate through a settlement agreement with the testate heir were not conveyed in quit-claim deeds purporting to assign their rights to the proceeds of the estate)
• United States v. Huntington National Bank, 574 F.3d 329 (6th Cir. 2009) (persuaded the Sixth Circuit to reverse and remand an adverse decision in a three-quarter-million-dollar ancillary criminal forfeiture proceeding)
• Kyser v. Kasson Township, 786 N.W.2d 543 (Mich. 2010) (filed amicus brief on behalf of Michigan Aggregates Association in high-stakes challenge to constitutional zoning/mining standards that had not been reviewed by the Michigan Supreme Court in 25 years) (Amicus Brief)
• Benefiel v. Auto-Owners Insurance Co., 759 N.W.2d 814 (Mich. 2008) (as amicus curiae, successfully persuaded the Michigan Supreme Court to reverse the court of appeals and hold that a plaintiff who suffers successive injuries has the burden of proving a current injury was caused by the subject accident, not an independent occurrence) (Amicus Brief)
• Bill Smith Sand & Gravel v. Alamo Twp., No. 281936 (Mich. Ct. App. Mar. 5, 2008) (persuaded the Michigan Court of Appeals to expedite consideration and summarily affirm the dismissal of a local township’s challenge to the client's mining project) 
• Moore v. Detroit Entertainment, LLC, 755 N.W.2d 686 (Mich Ct. App. 2008) (obtained affirmation of a $600,000 jury verdict for false imprisonment)

Administrative Appeals

• National Wildlife Federation v. Michigan Department of Environmental Quality, No. 11-123-AA (Mich. Cir. Ct. Nov. 21, 2011) (successfully persuaded the circuit court to first deny an injunction against underground mine's blasting operations pending appeal and then affirm the decision by MDEQ to grant a Part 632 non-ferrous metallic mineral mining permit)
• Aggregate Industries - Central Region v. Waterloo Township, 09-01248-AA (Mich. Cir. Ct. July 9, 2009) (persuaded the circuit court to grant an expedited appeal, reverse the township's adverse zoning decision, and grant a special land use application to Aggregate Industries for mining)
• National Wildlife Federation v. Michigan Department of Natural Resources, No. 08-263-AA (Mich. Cir. Ct. Mar. 3, 2009) (successfully defeated a third-party appeal of the State of Michigan land-lease to our client and achieved early dismissal of ancillary claims using cutting-edge theories of constitutional and jurisdictional law)