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MichaelCase

He | Him | His

Partner

"My goal is to provide my clients with effective, pragmatic solutions to their complex legal problems in a timely manner."

Overview

Biography

With over 25 years of legal experience, Michael routinely handles high-profile, complex state and federal cases for insurance company and professional liability clients, including design professionals, accountants, attorneys, and corporate officers and directors. He also represents domestic and international insurers and reinsurers in developing and litigating coverage positions under commercial casualty, professional liability, directors’ and officers’ liability, products liability, general liability, and property, life, and title insurance policies. 

Bar Associations

  • American Bar Association, Business Law; Tort and Insurance Practice; and Natural Resources, Energy, and the Environment Sections 
  • New York State Bar Association

Languages

  • German
Experience

Representative Experience

  • Successfully defended a multi-million breach-of-contract action by a data analytical-services vendor against a not-for-profit, including obtaining dismissal on the re-argument of the client’s principal from the case (S.Ct. N.Y. County, N.Y.).
  • Defended a property-damage subrogation action against an industrial adhesive manufacturer arising out of claimed property damage from the incorporation of the client’s adhesive into finished work products (U.S. Dist. Ct., N.D.N.Y.).
  • Achieved a highly favorable resolution of a commercial arbitration claim under JAMS streamlined arbitration rules on behalf of an international herbal products manufacturer against an advertising agency for a breach of a media-services agreement between the parties. 
  • Obtained dismissal on summary judgment of a claim against an insurer seeking coverage for liabilities arising out of environmental contamination. Affirmed on appeal (Nascimento v. Preferred Mut. Ins. Co., 513 F.3d 273 (1st Cir. 2008)).
  • Established new law in Illinois regarding the insurability of amounts an insured paid in the resolution of criminal charges under a federal deferred-prosecution agreement.  Affirmed on appeal (BDO Seidman LLP v. Harris, et al. 379 Ill. App. 3d 918, 885 N.E. 2d 470 (Ill. App. 2008)).
  • Successfully obtained a decision from the Appellate Division, Second Department affirming the trial court's denial of a municipality's motion to dismiss a $4 million cost-recovery action against them for damages arising from the destruction of a client's records-storage warehouse.
  • Secured discontinuance of insurer's subrogation claim, alleging breach of contract, breach of duties under the Carmack Amendment (49 U.S.C. Sec. 14706), and breach of bailment for de minimis settlement based on role as freight co-broker, as evidenced by subject insurance policies, indemnity provisions, and certificates of insurance.
  • Obtained dismissal with prejudice of federal Defend Trade Secrets Act (DTSA) claims against our client, in a $200 million action pending in US District Court for the Southern District of New York. Plaintiff claimed defendants, including our clients, misappropriated trade secrets and violated alleged fiduciary duties in connection with the establishment of a stock index identifying opportunities to invest in publicly traded shares based upon the brand value of the issuing companies. The court held that the pleading did not state a federal claim under the DTSA, denied the plaintiff leave to re-plead, and dismissed all related state law claims.

Prior Experience

  • LeClairRyan, Partner 
  • Biedermann, Reif, Hoenig & Ruff, P.C., Partner
  • Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Partner 
  • Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Associate

Selected Community Activities

  • Kids in Crisis, Inc., Board of Directors and Risk Management Committee Member

Selected Honors

  • Selected to Super Lawyers New York Metro: Insurance Coverage and Environmental Litigation, 2011-2015
Knowledge

Selected Speaking Engagements

  • Lorman Education Services, “Current Issues in Stormwater Regulation”
  • Resolute Management. Inc., “Claim Managers’ Update: Best Practices, Allocation, and Late Notice” 
  • “Environmental Clean-Up Liability Issues Arising in Corporate and Real Estate Transactions” CLE  
  • Westchester/ Fairfield County Corporate Counsel Association (WESFACCA), “Environmental Law for Corporate Counsel 
  • Underwriters Rating Board, “Insurance Law Updates” 

Selected Publications & Media

Featured Media

Alerts

Education Department's Office for Civil Rights Issues Q&A on Title IX Sexual Harassment Regulations

Alerts

New York State Office of Renewable Energy Siting Regulations Challenged by Host Communities and Local Interest Groups

Alerts

New York State Department of Labor Issues HERO Act Guidance

Alerts

US Department of Education Applies Bostock v. Clayton County to Title IX Enforcement

Alerts

Court Finds Malpractice and Public Health Law § 2801-d Actions Have Same Conscious Pain and Suffering Criteria

Alerts

Complaint Alleging Nurse's Error Sounds in Medical Malpractice Only, Not Ordinary Negligence

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