Michael E. Kleinert
Michael advises and represents clients in a variety of business and legal matters, including complex commercial litigation, contract negotiations, regulatory matters, insurance coverage matters, civil litigation, business torts, and professional liability matters.
Chapter 11: Business Risk Exclusions
Improving the Quality of Justice: The Innocence Protection Act of 2004 Ensures Post-Conviction DNA Testing, Better Legal Representation, and Increased Compensation for the Wrongfully Convicted
44 Brandeis Law Journal 491 (2006)
Affirmed before the Sixth Circuit an order dismissing bad faith, fraud, and conspiracy claims against an insurer relating to its denial of coverage in a professional liability matter
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)
Milby v. MCMC LLC, 844 F.3d 606 (6th Cir. 2016)
Hayden v. Benchmark Ins. Co., 2019 U.S. Dist. LEXIS 115948 (W.D. Ky. July 12, 2019)
Rhodes v. Risinger Bros. Transfer, 2016 U.S. Dist. LEXIS 116083 (W.D. Ky. Aug. 30, 2016)
Milby v. MCMC LLC, 2016 U.S. Dist. LEXIS 35034 (W.D. Ky. Mar. 18, 2016)
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)
Ethics Committee, Member
Office of General Counsel
Christine M. Kleinert Institute for Hand and Microsurgery, Board of Directors (2014-present)
WLKY-TV's Spirit of Louisville Foundation, Board of Trustees (2015-present)
Leadership Kentucky, Class of 2017
Legal Aid Society, Justice for All Campaign Board Member (2011-14); Associates Campaign Board Member and Co-Chair (2009-14)
Legal Aid Society, volunteer attorney
St. Agnes Church, member
magna cum laude
University of Louisville Louis D. Brandeis School of Law
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Salutatorian (Edwin O. Davis Award)
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Brandeis Law Journal, Vol. 44 Senior Articles Editor
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Brandeis Honor Society
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West Group Outstanding Scholastic Achievement Award
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Clark Boardman Callaghan Best Brief Award
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Chief Justice John S. Palmore Award
summa cum laude
Minor in Information Technology
Xavier University
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Valedictorian Candidate
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Delta Sigma Pi Scholarship Key
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Beta Gamma Sigma Honor Society for Business Excellence
Outside of practicing, Michael enjoys hiking, mountain biking, playing the guitar and piano, and spending time with his wife, daughter, son, and two dogs. Michael is also an avid fan of college basketball and football.
Kentucky Super Lawyers®, Rising Star (2013-21)