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Michael J. Case

Michael J. Case

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(212) 634-5030 (direct dial)

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Michael J. Case, born in Portland, Oregon, was admitted to the New York bar in 1987. He received a B.A. degree from the University of Notre Dame in 1981, and a J.D. degree from the University of Oregon School of Law in 1987, where he was Articles Editor of the Journal of Environmental Law and Litigation. His practice focuses on the representation of domestic and international insurers and reinsurers in litigation and arbitration in the United States, as well as domestic and international businesses and individuals defending, mitigating and allocating environmental liabilities arising under federal state and local law. He is a regular contributor to insurance and environmental periodicals.

Mr. Case has handled a wide variety of high-profile complex cases. He successfully represented a foreign state-owned company against an action by the U.S. Environmental Protection Agency and others seeking recovery of more than $80 million in environmental clean-up costs. He obtained a finding that the $16 million penalty a policyholder paid under a pretrial diversion agreement to resolve criminal fraud charges are uninsurable. This judgment was ultimately upheld by Illinois' highest appellate court in 2008. In 2008, Mr. Case also obtained judgment, affirmed by the U.S. Court of Appeals for the First Circuit, dismissing claims against his insurer-client seeking recovery of environmental response costs.

Mr. Case is admitted to practice before all courts of the State of New York, as well as the U.S. Court of Appeals for the First Circuit, and the U.S District Courts for the Southern, Western and Eastern Districts of New York.

Areas of Practice

  • Representation of Domestic and International Insurers
  • Reinsurers In Litigation and Arbitration
  • Representing Domestic and International Businesses

Litigation Percentage

  • 70% of Practice Devoted to Litigation

Bar Admissions

  • New York, 1988
  • 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 New York
  • U.S. Court of Appeals 1st Circuit

Education

  • University of Oregon School of Law, Eugene, Oregon
    • J.D. - 1987
    • Law Journal: Journal of Environmental Law & Litigation, Articles Editor
  • University of Notre Dame, Notre Dame, Indiana
    • B.A. - 1981

Published Works

  • Environmental Insurance, 2009 Year in Review Update, ABA Environmental Transactions and Brownfields Committee, May, 2010
  • "Environmental Insurance", (Co-Author with Robert Sullivan), 2008 Year In Review Update, ABA Environmental Transactions and Brownfields Committee, July, 2008
  • "Pollution Exclusion Litigation: The Tide of Lawsuits Is Not Out Yet", (Co-Author with Mark Freitas), Coverage, ABA Committee on Insurance Coverage Litigation, May/June, 2008
  • "Lender Liability," Environmental Insurance", 2007 Year In Review Update, ABA Environmental Transactions and Brownfields Committee, November, 2007
  • "Environmental Insurance", (Co-Author with Robert Sullivan), 2007 Year In Review Update, ABA Environmental Transactions and Brownfields Committee, November, 2007
  • "Shelter from the Storm: The EPA Lender Liability Rules", (Co-Author with M. Lieberman), New York State Bar Journal, Winter, 1993
  • "Overview of Legal Issues Arising in the Development of Federal and State Appliance Energy Efficiency Standards", (Co-Author), Columbia Journal of Environmental Law, 1986

Biedermann, Reif, Hoenig & Ruff, P.C.
885 Third Avenue
New York, N.Y. 10022
Phone: 212-697-6555
Fax: 212-986-3509
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