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ROB KAMENEC

Rob Kamenec is a graduate of the University of Michigan, B.A. (English) 1978 and received his law degree from the University of Detroit School of Law, J.D., 1983. He focuses his practice primarily in appellate law with a concentration in high-verdict and high-exposure matters. Mr. Kamenec has argued over 400 appellate cases in both state and federal court, including many cases involving the largest verdicts in Michigan. He has experience and expertise in the substantive areas of civil rights, medical malpractice, employment/management liability, professional liability, insurance coverage, bad faith, class actions, directors’ and officers’ liability, drug liability, and title insurance.

Clients frequently call upon Mr. Kamenec to monitor and resolve matters which include complex and cutting-edge issues that typically result in serious financial, business, and legal consequences. Examples include managing above-limits exposure, preserving company positions and counseling clients when business risk is highest.

Rob is a fellow with the American Academy of Appellate Lawyers, 2007- present, has been consistently acknowledged by his peers in appellate law by Best Lawyers in America® 2008-present, is A-V rated by Martindale-Hubbell, and is licensed in Michigan, Illinois, and admitted to practice in the United States Supreme Court and in the Sixth and D.C. Circuit appellate courts. Notable cases include:

  • Jennings v Genesee County Sheriffs (ED Mich) ($37 million verdict vacated upon grant of new trial in 42 U.S.C. 1983 police excessive force case)
  • Hanczaryk v Chapin, 2014 WL 5462600 (Mich App) (October 28, 2014) (appellate court vacates over $7 million award upon determining Michigan bad faith action limited to breach of contract, not tort, and that plaintiff otherwise failed to establish a jury question on false light invasion of privacy)
  • ACE v Workers’ Compensation Agency, 2015 WL 668960 (Mich App) (February, 17, 2015) (appellate court affirms grant of summary disposition on a multi-million dollar claim of insurance coverage for Delphi workers’ compensation benefits, rejecting the view that the filing of a notice of insurance of a policy creates insurance liability)
  • Tibble v American Physician Capital, Inc., 2014 WL 546573 (Mich App) (October 28, 2014) (damages in a bad faith action against an insurer, where the insured filed for bankruptcy, is limited to an amount equal to the debtor’s net assets that are collected by the trustee of the bankruptcy estate)
  • Dow Corning v Continental Casualty, 1999 WL 33435067 (Mich App) (October 12, 1999) (various insurance coverage issues in the breast implant context, including trigger of coverage, “all sums” versus pro-rata allocation, horizontal versus vertical exhaustion, “expected or intended” exclusion, collateral estoppel and judicial notice, defense versus indemnity damages, impairment of subrogation rights, misrepresentation, and recovery of attorney fees in a declaratory action)
  • Andrea Smith v Botsford General Hospital, 419 F.3d 516 (6th Cir. 2005) (as a matter of first impression, Emergency Medical Treatment in Active Labor Act’s (EMTALA) incorporation of state law extends to caps on damages; jury’s award of $5,000,000 in non-economic damages subject and reduced to Michigan’s cap on malpractice damages of $359,000.00)
  • American Bumper and Mfg Co v National Union Fire Insurance Company, 261 Mich App 367; 683 NW2d 161 (2004) (deaths of employees in manufacturing mechanical press allegedly as a result of employer’s specific intent or willful disregard of knowledge of certain injury were expected or intended by the employer; intentional injury exclusion of umbrella policy barred liability coverage; the subjective expectation of injury was inferred as a matter of law; court reverses judgment of $2,400,000 against National Union and remands for entry of summary disposition).

Rob is married to his wife of 40 years, Margaret, and they have three adult children who presently live out-of-state, Kara, Danielle, and Robert.

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