Attorney Charles Nicholas Curcio's Legal Cases

Appeals

Schaaf v. Forbes, SC 163404 (M.S.Ct. 16, 2022)

Dec 16, 2022

OUTCOME: Successfully reversed adverse Court of Appeals ruling through appeal to Michigan Supreme Court

Nick served as lead counsel in an appeal involving whether a Michigan trust can own property as a joint tenant with a right of survivorship. While the Court of Appeals initially held that such ownershi ... p was possible, it later reversed that determination after remand from the Michigan Supreme Court. The reversal resulted in a judgment quieting title to a multi-million dollar property in the name of the firm's clients.

Appeals

People v. Dixon, 333 Mich.App. 566, 963 N.W.2d 378 (2020)

May 28, 2022

OUTCOME: Successfully reversed sentencing enhancement in Michigan Supreme Court

Nick was lead counsel in a sentencing appeal to the Michigan Supreme Court. The issue in the case was whether mere possession of a cell phone by a prison inmate warranted a sentencing enhancement based ... on "threatening the security of the prison." Nick successfully argued that although some cell phone possession by prisoners meets that standard for the sentencing enhancement, not all of it does. Because the sentencing court found no facts beyond constructive possession, the sentencing enhancement was improperly scored. owner of the adjoining building disclaimed responsibility for the collapse and refused to pay for its repair. The City's legal team persuaded the Court of Appeals that the owner was responsible. The court held, as a matter of first impression, that occupants of underground vaults owe a duty of care to protect the infrastructure above.

Appeals

Tineo v. Sessions, Case No. 16-1461 (3d Cir.)

N/A

OUTCOME: Reversed deportation order and granted citizenship to client

Nick served as lead counsel in a case challenging the constitutionality of a statute that prohibits unwed fathers from conferring citizenship on their children in situations where an unwed mother coul ... d do so. Specifically, the statute made it impossible for a father to confer citizenship on an illegitimate child if the child’s mother is deceased. The Third Circuit struck down the statute on equal protection grounds and extended citizenship to Mr. Tineo.

Appeals

City of Grand Rapids v. Arath III, Inc., Case No. 337920 (Mich. App. 2018)

N/A

OUTCOME: Affirmed favorable trial court judgment

Nick was the principal brief writer in a case involving a collapsing sidewalk above an underground basement. The owner of the adjoining building disclaimed responsibility for the collapse and refused t ... o pay for its repair. The City's legal team persuaded the Court of Appeals that the owner was responsible. The court held, as a matter of first impression, that occupants of underground vaults owe a duty of care to protect the infrastructure above.

Charles Nicholas Curcio's Legal Cases (4)

Schaaf v. Forbes, SC 163404 (M.S.Ct. 16, 2022)

People v. Dixon, 333 Mich.App. 566, 963 N.W.2d 378 (2020)

Tineo v. Sessions, Case No. 16-1461 (3d Cir.)

City of Grand Rapids v. Arath III, Inc., Case No. 337920 (Mich. App. 2018)