Photo of Attorney Elliot Gruszka

Elliot J. Gruszka

Associate

Paralegal

Practice Areas

Biography

Elliot is a litigator representing individuals, businesses, and governmental entities in state and federal trial and appellate courts. Prior to joining Drew Cooper & Anding in 2024, Elliot ran his own appellate practice. He has also served as a law clerk to the Honorable Robert Holmes Bell in the United States District Court for the Western District of Michigan; was an Assistant City Attorney for the City of Grand Rapids in its civil litigation department; and worked as an associate at a regional commercial litigation boutique.

Elliot has significant experience handling state and federal constitutional claims; complex commercial disputes involving breaches of contract, supply chain disputes, business torts, covenants not to compete, and other disputes arising the business context; and real property disputes.

Elliot specializes in appellate practice, having briefed and argued cases in the Michigan Court of Appeals, the Michigan Supreme Court, and the United States Court of Appeals for the Sixth Circuit.

Notable Cases
  • Izydorek v. Kumar, Case No. 363666 (Mich Ct. App. 2023) (successfully argued that default judgment should be set aside, where plaintiff failed to properly serve out-of-state defendant by certified mail).
  • Apache Hills Property Owners Association v. Sears Nichols Cottages, Case No. 360554 (Mich. Ct. App. 2022); Case No. 165300 (Mich. 2023) (argued that HOA bylaws with home-office and leasing exceptions to “residential use” restriction did not bar use of house as short-term rental).
  • Ronald Burns v. Frank Romaya, Case No. 358480 (Mich. Ct. App. 2022) (successfully argued that plaintiff was not entitled to easement by necessity to install sewer line over defendant’s property)
  • Serenity Homes-North, LLC v. Lynn Doyle, Case No. 355706 (Mich. Ct. App. 2022) (successfully argued that county employee, by questioning nursing home’s licensing status in a private meetings, did not defame nursing home owner or tortiously interfere with nursing home’s business)
  • Huff v Doyle, Case No. 161976 (Mich. 2021) (successfully opposed application for leave to appeal in case involving business torts claims against public health official)
  • MacDonald v. Ottawa County, 355 Mich. App. 618 (2020); Case No. 162526 (Mich. 2022) (argued that Michigan Court of Appeals improperly broadened scope of public-building exception to include inherent characteristics of materials)
  • Reilly v. Ottawa County, Case No. 1:18-cv-1149 (W.D. Mich. 2020); Case No. 20-2220 (6th Cir. 2021) (successfully argued that district court’s dismissal of due process claim based on sheriff’s deputies’ alleged failure to arrest perpetrator before he murdered plaintiff’s decedent should be affirmed)
  • Meirs v. Ottawa County, 2020 WL 3956857 (6th Cir. 2020) (persuaded Sixth Circuit to uphold summary judgment in favor of municipality and jury verdict in favor of prison guards involving constitutional claims arising from inmate’s suicide)
  • Saginaw County v. STAT Emergency Med. Servs., Inc., 946 F.3d 951 (6th Cir. 2020) (represented county seeking declaratory judgment that it could enter into exclusive agreement with ambulance operator to provide county-wide coverage and minimum response times)
  • Honigman v. Detroit, 505 Mich. 284 (2020) (successfully represented amicus curiae City of Grand Rapids, persuading Michigan Supreme Court to reject Court of Appeals’ interpretation of state uniform income tax act)
  • Calvin Theological Seminary v. Grand Rapids, 2019 WL 3806101 (Mich. Ct. App. 2019) (argued that off-campus student housing was not occupied by seminary within the meaning of property tax exemption statute)
  • Centerpoint Owner v. Grand Rapids, 2019 WL 286751 (Mich. Ct. App. 2019) lv denied 933 N.W.2d 309 (Mich. 2019) (successfully argued that Michigan Tax Tribunal lacked jurisdiction over case that was filed minutes after the statutory deadline)
  • Brax v. Beracy, 742 F. App’x 952 (6th Cir. 2018) (successfully persuaded Sixth Circuit that district court properly relied on video of drunken arrestee’s booking to reject plaintiff’s version of the facts and grant summary judgment on excessive force claims)
  • Tyrosh Brown v. Grand Rapids, 2017 WL 4712064 (6th Cir. 2017) cert denied 138 S. Ct. 1556 (2018) (successfully argued that plaintiff waived objections to magistrate judge’s recommendation and district court’s grant of summary judgment by failing to articulate specific legal arguments)
  • Milzarski v. Grand Rapids, 2016 WL 1038318 (Mich. Ct. App. 2016) (persuaded Michigan Court of Appeals that pedestrian’s personal injury claim did not fall under the highway exception to governmental immunity)
  • People of the City of Grand Rapids v. Gasper, 888 N.W.2d 116 (Mich. Ct. App. 2016) (represented City of Grand Rapids in case involving constitutionality of noise ordinance)
Professional Associations
  • State Bar of Michigan
  • Grand Rapids Bar Association
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Michigan
    Education
  • Thomas M. Cooley Law School, J.D., magna cum laude
  • Ball State University, M.A., physics
  • Taylor University, B.A., physics