ndm profileNoel D. Massie

Partner | nmassie@kohp.com | V-Card
T 248.645.0000 | F 248.645.1385

Mr. Massie has litigated a wide variety of employment issues in over 30 years of practice, including claims for age, race, disability, and gender discrimination, breach of contract, severance pay, COBRA benefits, and fiduciary duty and benefit claims under ERISA.  He has extensive experience in the area of private arbitration agreements, including litigating issues concerning their enforceability, and drafting predispute arbitration policies for employers.  He has also worked extensively in matters involving public funding of the judiciary and election law.  In recent years, he has concentrated primarily on appellate practice, and served on the Council of the Appellate Practice Section of the State Bar of Michigan in 2010-2013.

Mr. Massie graduated cum laude from University of Michigan Law School in 1978.  After one year with the Michigan Court of Appeals, he served as law clerk to Justice Charles Levin of the Michigan Supreme Court from 1979 to 1981.  He is a graduate of Michigan State University.

Practice Highlights 

  • Co-authoring the brief to the Michigan Supreme Court that resulted in a decision establishing gatekeeper rules for expert testimony and overturning a $21 million jury verdict for a single sexual harassment plaintiff (the largest such award in the nation’s history).
  • Serving as principal author of the brief to the U.S. Court of Appeals for the District of Columbia Circuit that resulted in an opinion overturning a decision of the National Labor Relations Board; the Board had held that a company wrongfully implemented a modified, less expensive healthcare plan because no collective bargaining impasse existed at the time of implementation.
  • Serving as principal author of the U.S. Court of Appeals for the Sixth Circuit brief and rehearing petition in retiree health insurance litigation brought against the nation’s largest natural gas pipeline company by a class of 3,000 retirees.
  • Co-authoring the Sixth Circuit brief in a case that enforced an arbitration clause in a major Detroit law firm’s partnership agreement, precluding a disgruntled partner’s effort to sue under discrimination statutes.
  • Authoring the Sixth Circuit brief in a case that is now a leading modern authority on the functus officio doctrine (an arbitrator may not reconsider or amend a final award once it is rendered), preserving an arbitration award in favor of a telecommunications company.
  • Representing incumbent judges in an election law dispute that resulted in a Michigan Supreme Court decision that removed a challenger from the ballot for failure to comply with statutory requirements.
  • Authoring a brief that resulted in a Michigan Court of Appeals decision rejecting an expansive interpretation of the obligations of the State and local school districts under the Michigan Constitution.

Bar and Court Admissions

  • Michigan
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Supreme Court

Memberships and Activities

  • State Bar of Michigan
  • American Bar Association