Michael Klein

Representative Matters

• Secured defense verdicts in three separate first-party wind-hail jury trials in Potter County over a six month period involving the contractual portions of the cases in which the bad faith allegations had been abated pending the outcome of the contractual portions of the lawsuits
• Secured a defense verdict in a first-party wind-hail jury trial in Dallas County involving both contractual and bad faith allegations.
• Secured a defense verdict in a first-party wind-hail jury trial in Dallas County involving the contractual portion of a case in which the bad faith allegations had been abated pending the outcome of the contractual portion of the lawsuit.
• Secured dismissal of a first-party wind-hail lawsuit in Hidalgo County following depositions of plaintiffs and plaintiffs’ expert.
• Secured a “claimant take nothing” arbitration award on behalf of a Texas HMO. A hospital brought suit under the Texas Healthcare Prompt Pay Statute alleging that the HMO wrongfully denied payment on multiple claims involving long-term acute care hospital stays.
• Represented the Texas Association of Health Plans and prepared its amicus brief at the Texas Supreme Court in support of Aetna in the only healthcare Prompt Pay case to reach the Texas Supreme Court. In April 2013, the court ruled in Aetna’s favor.
• Represented the National Association of Home Builders and prepared its amicus brief at the Fifth Circuit Court of Appeals in a Fair Housing Act matter in 2013.
• Represented the National Association of Home Builders and prepared its amicus brief at the Fifth Circuit Court of Appeals in a Fair Housing Act matter in 2012.
• Secured a defense verdict for an apartment landlord evicting a tenant in which the tenant claimed immunity from eviction by virtue of a disability under the Fair Housing Act.
• Obtained a significant arbitration award in a dispute involving the expulsion of several physician medical partners from an imaging center partnership. The case involved breach of fiduciary duty and breach of contract in the expulsion of the physician medical partners, among other issues.
• Obtained a significant arbitration award in a dispute involving the expulsion of a physician medical partner from an ambulatory surgery center partnership. The case involved allegations of breach of fiduciary duty and breach of contract, sham peer review, defamation and other issues.
• Obtained a ruling on behalf of a large HMO that private medical providers had no private right of action against the HMO for alleged violations of the HMO delegation oversight statute.
• Obtained a ruling that the Texas Attorney General and the Texas Department of Insurance could not impose civil penalties against an HMO under the Prompt Pay Act in state court litigation.
• Obtained a summary judgment on behalf of a national rental company against the Texas Department of Insurance declaring that damage waivers were not insurance and hence could be sold without a license from the Department.