Michael J. Kuhn

Michael J. Kuhn concentrates on complex civil litigation in both federal and state courts, with particular emphases in breach of contract, employment and tort claims. He regularly works on the defense of multiplaintiff actions with tens or hundreds of millions of dollars of potential exposure, and represents individual or corporate clients in single-issue suits.

Having clerked for five federal judges, Michael leverages his familiarity with the court to counsel clients during all phases of litigation, from pretrial discovery through appeals. He has a notable flair for legal research and writing, and he is sought out to draft all manner of motions, including dispositive, discovery and Daubert motions. Michael also oversees document collections and productions, in addition to drafting discovery requests and responses.

Representative Matters

• In 2022, Michael won dismissal of a putative class action complaint filed against a major casualty insurance company represented by Dowd Bennett.  The plaintiff alleged the defendant carrier had charged him illegal deductibles and improperly failed to pay benefits owed under the uninsured and underinsured motorist provision of its policy, and he asserted claims individually and on behalf of other similarly situated individuals.  The U.S. District Court for the Western District of Tennessee held that the plaintiff was not permitted to assert such claims directly against the carrier, and it dismissed the class action complaint.
• In 2022, Michael won summary judgment with regard to equitable garnishment and bad faith failure to settle claims filed against a major casualty insurance company represented by Dowd Bennett. The plaintiff sought to garnish purported proceeds of an insurance policy, and the cross-claimant alleged that Dowd Bennett’s client had failed to settle a lawsuit filed against her in bad faith.  The Circuit Court for Johnson County, Missouri found that the policy did not provide the benefits claimed by the plaintiff, and that there was no evidence of several of the elements of the bad faith claim.  The plaintiff appealed, but the Western District Court of Appeals unanimously affirmed the Circuit Court in 2023.
• In 2020, Michael won dismissal of a putative class action complaint filed against a major casualty insurance company represented by Dowd Bennett.  The plaintiff, a business covered by a commercial insurance policy issued by the defendant carrier, claimed its in-store sales revenue fell as a result of a COVID-19 stay-at-home order, and therefore it had overpaid its insurance premiums in light of its alleged “lower exposure rate.”  The plaintiff sought to represent a class of insureds with commercial liability insurance policies who were also subject to a stay-at-home order.  The U.S. District Court in the Western District of Missouri dismissed the case, finding that the plaintiff had failed to exhaust its administrative remedies.  The plaintiff appealed, but the Eighth Circuit unanimously affirmed the District Court in 2022.
• In 2018, Michael helped secure summary judgment with regard to successor liability and unfair trade practice claims, among others, asserted against a coffee and beverage retailer represented by Dowd Bennett.  Dowd Bennett’s client had purchased the assets of a coffee roaster in a foreclosure sale.  Subsequent to the sale, a coffee supplier who had extended over $2 million in unsecured credit to the roaster sued Dowd Bennett’s client, claiming that it asserted pre-acquisition control of the roaster such that it should be liable for the debts and obligations of the roaster.  The U.S. District Court for the Eastern District of Missouri entered summary judgment in favor of Dowd Bennett’s client, finding that the supplier had not produced evidence that the foreclosure sale was anything other than an above-board transaction.  The plaintiff appealed, but the Eighth Circuit unanimously affirmed the District Court in 2019.
• In 2015, Michael participated in Laclede Gas Company v. Park 370 Development, LLC, et al., as second chair counsel.  In that case, a St. Louis County Circuit Court jury ruled in favor of Dowd Bennett client Laclede Gas, finding the defendant, a land developer, liable for damages resulting from its excavation activity adjacent to a Laclede gas main.