Photo of Jill M. Wheaton

Jill M. Wheaton Member

Areas of Practice

Industries

Bar Admissions

  • Michigan
  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, 11th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of Michigan

Education

University of Michigan, J.D., cum laude

University of Michigan, B.G.S.

Jill M. Wheaton, based in Ann Arbor, is a Dykema litigator involved in high-profile appellate work, commercial litigation and products liability defense. She is the leader of the Firm's Appellate Practice and Product Liability and Class Action Litigation Practice nationwide.

In addition to handling or assisting in matters on appeal in which Dykema represented the client at the trial court level, Ms. Wheaton is often called on to enter the case for the first time on appeal in all parts of the country. In such cases, she has repeatedly obtained reversals of adverse decisions, or sustained favorable rulings. Ms. Wheaton is a leader of the appellate law community, as indicated by her professional associations, awards and speaking engagements.

Ms. Wheaton has handled many high profile cases. In recent years, she has obtained review by, and favorable decisions from, the Michigan Supreme Court in 5 cases — Covenant v. State Farm, Sauerman v. Residential Funding; Kim v. JP Morgan Chase; LaFontaine v. Chrysler Group; and State of Michigan v. CVS Caremark, et al. She has represented Fortune 500 clients in commercial and products liability appeals in Michigan, California, South Carolina, Minnesota, Oklahoma, Missouri and Pennsylvania; and numerous federal circuit Courts of Appeals.

Significant client representations in the products liability arena include her defense of Stryker in cases involving medical device product liability claims. Finally, Ms. Wheaton is an experienced trademark and Lanham Act litigator, representing many corporations in successful efforts to fight and stop infringers.

Ms. Wheaton has been recognized as one of the "Top 25 Michigan Women Business Lawyers" as well as one of the "Top 50 Women Michigan Lawyers" by Michigan Super Lawyers, has been named one of the Best Lawyers in America© for Appellate Practice and Commercial Litigation for many years, and was on the inaugural list of Crain's Notable Women Lawyers in Michigan. She received Dykema's Pro Bono Award in 2017.

Experience

  • Appellate work in numerous courts, both state and federal, in matters running the gamut from products liability to taxation, as well as amicus curiae briefs for trade associations, bar association groups and charitable organizations.
  • Products liability defense in numerous class action lawsuits, including hip implants, drug pricing, breast implants, anti-psychotics, latex gloves, blood factor concentrate, as well as individual cases involving numerous pharmaceuticals, infant formula, scalpels and syringes, heart catheters, IV technology, chainsaws, chemicals and others.
  • Prosecution and defense of commercial breach of contract matters involving trade secrets, covenants not to compete, leases, sales representative agreements, purchase and sale agreements, and stock option agreements, among others.
  • Defense of First Amendment and libel matters.
  • Defense of medical malpractice and nursing malpractice actions, including the defense of suits against the American Red Cross.
  • Am I certifiable, Moderator, State Bar of Michigan and the Federal Bar Associations for the Eastern and Western Districts of Michigan
    May 2021
  • Dykema’s 2020 SCOTUS Review and Preview
    September 15, 2020
  • SCOTUS Review and Preview
    September 17, 2019
  • Taking it Up: Applications to the Michigan Supreme Court, Moderator, 2019 Michigan Appellate Bench Bar Conference
    March 28, 2019
  • Women’s Leadership Forum: Rainmakers, Panelist, Women’s Bar Association – Oakland Region
    October 11, 2018
  • Dykema’s Annual SCOTUS Review and Preview
    September 18, 2018
  • And Now, The Law, 2018 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Seminar
    April 5, 2018
  • Mock Appellate Argument: Sports Gambling Case, Featured Advocate, 2018 DRI Trial Tactics Seminar
    March 15, 2018
  • Developments in the Law: The Supreme Court’s 2017 Decisions and Their Impact on Civil Litigation
    August 15, 2017
  • Certification of Issues from Federal to State Courts, DRI Appellate Advocacy Seminar
    May 2017
  • Appellate Decisions of Note, ABA Seminar on Automotive Litigation
    April 2017
  • Developments in the Law: The Supreme Court’s New Decisions and Their Impact on Civil Litigation
    July 19, 2016
  • To Appeal or Not to Appeal?
    March 15, 2016
  • Effective Appellate Motions Practice, 2014 Defense Research Institute Appellate Advocacy Seminar
    July 2014
  • Winning Litigation - The Masters Speak, Michigan Defense Trial Counsel - Annual Meeting and Conference, Oral Argument Example, Crystal Mountain, Michigan
    June 2013
  • Recent Decisions of Interest to the Corporate Practitioner, 2012 Defense Research Institute Appellate Practice Seminar
  • To Appeal or Not to Appeal, 2012 Network of Trial Law Firms Supercourse, Scottsdale, AZ
  • The Ins and Outs of Interlocutory Appeals in Federal Court , Organizer and Presenter, 2012, Michigan State Bar, Appellate Practice Section
  • Sixth Circuit Appellate Practice - Everything You Always Wanted to Know But Were Afraid to Ask, Organizer and Presenter, 2008, Michigan State Bar Appellate Practice Section
  • Protecting and Enforcing Intellectual Property Rights, 2007 Network of Trial Law Firms Supercourse, Pebble Beach, CA
  • How to Assess and Improve Your Chances of Success on Appeal, 2004 Network of Trial Law Firms Supercourse, Miami, FL
  • Litigation Avoidance By Contract, 2001 Network of Trial Law Firms Supercourse, Palm Beach, FL
  • Taking and Defending Effective Depositions, 2001 Lorman Educational Services, Detroit, MI
  • “Appellate Advocacy in the Age of COVID-19”
    Spring 2020
    Appellate Issues
  • "Motion Practice," Chapter 8 Michigan Appellate Handbook
    January 2014
    ICLE
  • "One of These Things is Not Like the Other—Interlocutory Appeals in State and Federal Court,"
    February 2013
    Michigan Bar Journal
  • "The Who, What, When, Where and Why of Appellate Specialists"
    February 2008
    Michigan Bar Journal

Memberships & Involvement

  • State Bar of Michigan, Appellate Practice Section, Past Chair
  • Member, ABA Council of Appellate Lawyers Executive Board
  • American Bar Association, including Committees on Appellate Practice and Tort Litigation
  • Defense Research Institute, including Appellate Practice Committee
  • Michigan Appellate Bench-Bar Conference Planning Committee
  • Michigan Supreme Court Historical Society, Board of Directors

Recognized in the Crain's Detroit Business special report, "Notable Women Lawyers in Michigan 2017"

Recognized in The Best Lawyers in America© for Appellate Practice, Commercial Litigation, and First Amendment Litigation, 2013-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC

Recognized by The Legal 500 United States for Transport: Rail and Road – Litigation (2018-2019); Product Liability, Mass Tort and Class Action – Defense: Automotive/Transport (2021)

Named to the Class of 2015 Leaders in the Law by Michigan Lawyers Weekly

Recognized in Michigan Super Lawyers® for Appellate, Civil Litigation Defense, Personal Injury - Products: Defense, 2008-Present

Member, American Institute of Appellate Practice

Named one of the Top 25 Women Business Michigan Super Lawyers® and Top 50 Women Attorneys in Michigan in 2016-2020

Trial Lawyer Honorary Society, Member of Litigation Counsel of America

Named a Top Lawyer by dbusiness Magazine for Appellate Practice and Commercial Litigation, 2015 & 2018

Named a Michigan Leading Lawyer in the areas of Civil Appellate, Commercial Litigation and Products Liability Defense Law by the Leading Lawyers Network, 2014-2017. Law Bulletin Publishing Company

Recipient of Martindale-Hubbell® AV® Preeminent™ Peer Review Rating