Michael E. Kleinert

Affirmed before the Sixth Circuit an order dismissing a claim against a medical record reviewer on the grounds of ERISA preemption, and successfully opposed the plaintiff's petition for a writ of certiorari to the U.S. Supreme Court

Affirmed before the Sixth Circuit an order dismissing bad faith claims against an insurer for allegedly delaying payment after a fire loss

Obtained summary judgment in federal court in a complex contractual indemnity dispute

Obtained summary judgment in federal court on various negligence claims asserted against a tractor-trailer repair company

Currently involved in several complex contract disputes, insurance coverage matters, and professional liability matters

Represent insurers in a variety of matters, including bad faith litigation and coverage actions ranging from professional liability insurance to life/disability insurance

Member of team of attorneys involved in complex environmental remediation and allocation litigation. See Westlake Vinyls, Inc. v. Goodrich Corp., 518 F. Supp. 2d 902 (W.D. Ky. 2007); Westlake Vinyls, Inc. v. Goodrich Corp., 518 F. Supp. 2d 918 (W.D. Ky. 2007).

Member of a team of lawyers involved in a large patent infringement litigation, which resulted in $40 million settlement for global flavor company V. Mane Fils (www.mane.com). See:

• NEW YORK TIMES, IFF and Mane Announce Settlement of Mane’s Lawsuit Concerning Monomenthyl Succinate (December 29, 2011)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 249 F.R.D. 152 (D.N.J. 2008), reported in NEW JERSEY LAW JOURNAL, Use of Attorneys’ Letters To Woo Business Held To Waive Privilege (March 5, 2008)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2011 U.S. Dist. LEXIS 38637 (D.N.J. Apr. 8, 2011)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2008 U.S. Dist. LEXIS 49578 (D.N.J. June 23, 2008)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2008 U.S. Dist. LEXIS 63619 (D.N.J. Aug. 19, 2008)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2008 U.S. Dist. LEXIS 82540 (D.N.J. Oct. 15, 2008)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2009 U.S. Dist. LEXIS 56462 (D.N.J. July 1, 2009)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2010 U.S. Dist. LEXIS 45645 (D.N.J. May 6, 2010)

Fuller v. Enterprise Rent-A-Car, 2012 Ky. App. Unpub. LEXIS 756 (Ky. App. Oct. 12, 2012)

Massachusetts Mutual Life Ins. Co. v. Watson, 2013 U.S. Dist. LEXIS 4560 (W.D. Ky. Jan. 11, 2013)

Massachusetts Mutual Life Ins. Co. v. Watson, 2012 U.S. Dist. LEXIS 148398 (W.D. Ky. Oct. 16, 2012)

Cincinnati Ins. Co. v. Roccanova, 2012 U.S. Dist. LEXIS 14021 (E.D. Ky. Feb. 6, 2012)