Don Fulkerson - Of Counsel
Don Fulkerson is a nationally respected appellate attorney and has been a cornerstone of Fabian, Sklar, King & Liss’s litigation team. Since 1984, he has represented plaintiffs in hundreds of civil appeals across Michigan courts, the U.S. Court of Appeals for the Sixth Circuit, the Michigan Supreme Court, and the United States Supreme Court. Over 40 of his appeals have resulted in published, precedential decisions — shaping property insurance law and civil litigation in Michigan and beyond.
Now transitioning to retirement, Don remains an invaluable member of the firm, continuing to offer strategic appellate insight on the most complex and high-impact matters we handle.
Landmark Appellate Wins
Don has collaborated with firm attorneys to secure rulings that protect policyholders, including:
- Griswold Properties, LLC v. Lexington Ins. Co., 276 Mich. App. 551 (2007) – Established 12% penalty interest under MCL 500.2006 for delayed claim payments.
- White v. State Farm Fire & Casualty Co., 293 Mich. App. 419 (2011) – Affirmed policyholders’ right to use public adjusters as appraisers in property disputes.
- Scottsdale Ins. Co. v. Altman Mgmt. Co., 832 F. App’x 998 (6th Cir. 2021) – Clarified that business-income loss disputes go to appraisal, not immediate litigation.
- PrimeOne Ins. Co. v. Grand Trumbull, LLC, No. 20-1498, 2021 WL 3414170 (6th Cir.) – Prevented insurer undervaluation by requiring co-insurance on ACV claims be based on actual cash value, not replacement cost.
- Palmer Park Square, LLC v. Scottsdale Ins. Co., 878 F.3d 530 (6th Cir. 2017) – Confirmed a six-year window to sue for penalty interest under MCL 500.2006.
- Batton-Jajuga v. Farm Bureau Gen. Ins. Co. of Mich., 322 Mich. App. 422 (2017) – Expanded policyholder rights by allowing families to recover replacement-cost damages when purchasing a new home on land contract.
Amicus Curiae Advocacy
Don’s influence extends through his amicus work. As a longtime member of the Michigan Association for Justice Amicus Committee, he has contributed to major appellate decisions. Recently, he co-wrote amicus briefs in Kandil Elsayed v. F & E Oil, Inc., 512 Mich. 95 (2023), where the Michigan Supreme Court overruled Lugo v. Ameritech, reshaping premises-liability law statewide.
Professional Leadership & Legal Reform
- Appellate Practice Section Council (1995–2006), Chair (2002–2003)
- Co-chair, Michigan Circuit Court Appellate Rules Revision Committee (drafted Subchapter 7.100)
- Member, Court of Appeals Record Production Task Force, Delay Reduction, and Case Management Work Groups
- Former Member, Michigan Court Reporting & Recording Board of Review
Civic Education & Recognition
A lifelong advocate for civics, Don served as President of the Michigan Center for Civic Education, developing statewide programs to promote civic engagement. Honors include:
- Mary S. Coleman Award (2001) – Outstanding contributions to civic education
- Special Legislative Tribute (2012) – Recognition from the Michigan Legislature
Academic & Teaching Background
Don graduated with high honors from Wayne State University and with honors from the University of Minnesota Law School. He also studied abroad at the Intercollegiate Center for Classical Studies in Rome, Italy.
Teaching roles:
- Legal Writing & Appellate Advocacy Instructor, University of Minnesota Law School
- Adjunct Professor of Legal Writing, University of Detroit Mercy School of Law
Honors & Recognition
- Super Lawyers – Thomson Reuters (2011–present)
- Top Lawyer – DBusiness Magazine (2011, 2019)