Biography | Nicole L. Gettler

Mebuke and Gettler Secure Summary Disposition for Property Owners in Michigan Title Litigation Dispute

Keti Mebuke (Associate-Chicago, IL) and Nicole Gettler (Of Counsel-Detroit, MI) prevailed on their motion for summary disposition in Leelanau County Circuit Court, Michigan, on behalf of the firm’s property owner clients. The plaintiff sought injunctive relief through: (1) a quiet title action alleging that the description of a 12-foot-wide shared common driveway located between the parties, as referenced in the clients’ deed, constituted a cloud on the plaintiffs’ title; and (2) an order restricting our clients from using the driveway altogether, based on the plaintiffs’ contention that the easement did not benefit the clients’ parcel and, alternatively, that their use would overburden the easement.

Keti and Nicole moved for summary disposition, arguing that the reference in the clients’ deed merely recognized the long-standing existence and use of the shared driveway and underlying easement, did not create a cloud on the plaintiffs’ title, and confirmed that the easement was appurtenant to the clients’ property, thereby permitting their use of the driveway without the restrictions sought by the plaintiffs. After the parties engaged in supplemental briefing and a two-hour oral argument, the court issued a 14-page written opinion granting summary disposition in favor of Wilson Elser’s clients with prejudice as to all counts.

Keti Mebuke and Nicole L. Gettler

Mock, Beres, and Gettler Shut Down Agency Claims for Franchisor Client with Summary Disposition Victory

Valerie Mock (Partner-Detroit), Katherine Beres (Of Counsel-Detroit), and Nicole Gettler (Of Counsel-Detroit) prevailed on a motion for summary disposition in the Oakland County Circuit Court in Pontiac, Michigan, for a national hair removal franchisor client. The plaintiff allegedly sustained injury to her genitals during an improperly performed waxing procedure conducted by an employee at the hair removal franchisee location. The plaintiff sued the franchisee and its employee for negligence and sued our client franchisor for vicarious liability based on actual or apparent agency. Valerie, Katherine, and Nicole filed a dispositive motion clarifying that no actual agency relationship existed between the franchisor and the franchisee because our client did not exercise control over the franchisee’s operations. The Detroit team also demonstrated that apparent agency was likewise not viable, as the plaintiff could not show reasonable reliance on her subjective belief that the franchisee acted as the franchisor’s agent. The court agreed and granted summary disposition in favor of Wilson Elser’s franchisor client.

Valerie Henning Mock, Katherine M. Beres and Nicole L. Gettler

Nicole L. Gettler

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Nicole L. Gettler

Mebuke and Gettler Secure Summary Disposition for Property Owners in Michigan Title Litigation Dispute

Mock, Beres, and Gettler Shut Down Agency Claims for Franchisor Client with Summary Disposition Victory