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Updated: May 7th, 2021 | Louisville | Lawyer List M | Kaplan Johnson Abate & Bird LLP | Appellate, Appellate Practice, Civil Litigation, Health Care, Litigation
The current rating on Michael Patrick Abate is
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Address: 710 West Main Street, 4th Floor, louisville, KY, 40202
Law Firm: Kaplan Johnson Abate & Bird LLP
Phone: 502-709-7027
Fax: 502-540-8282
Email:
Website: https://www.kaplanjohnsonlaw.com/
| Title | Partner |
| First Year of Call | |
| Areas of Practice | Litigation, Appellate, Health Care, Appellate Practice, Civil Litigation |
| Description | Michael is a member of the Litigation and Health Care departments who has extensive experience litigating at all levels of the federal court system. Prior to joining Dinsmore, Michael worked in the Civil Division of the U.S. Department of Justice, where he maintained a nation-wide trial and appellate practice handling the United States’ most sensitive litigation matters. Michael has briefed cases and presented oral arguments before the D.C., Federal, First, Second, Third, Fourth, Fifth, Sixth, Eighth, and Ninth Circuit Courts of Appeals, as well as multiple federal district courts. He also has briefed matters before the U.S. Supreme Court at both the certiorari and merits stages. Michael previously served as a law clerk to the Honorable Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit in Baltimore, MD. Michael has handled matters concerning a wide range of constitutional, statutory, and administrative subjects, including: the First, Fourth, Fifth, Tenth, and Fourteenth Amendments to the U.S. Constitution, state and federal regulation of e-commerce, the False Claims Act, Federal Tort Claims Act, Freedom of Information Act, Federal Communications Act, Medicare and Medicaid Acts, Federal Motor Vehicle Safety Act and Federal Motor Carrier Safety Regulations, employment discrimination, federal regulation of agricultural products, federal preemption of state immigration laws, and maritime law. Michael also has substantial experience handling some of the United States’ most sensitive national security litigation, including cases involving the state secrets privilege, terrorism financing sanctions administered by the Department of the Treasury, litigation seeking access to classified information, and habeas corpus litigation. Prior to law school, Michael worked for Merrill Lynch Investment Banking in both Chicago and London. Distinctions · Attorney General’s Award · Director of National Intelligence Award Experience Habeas Corpus Litigation President of the United States Defended award of summary judgment in defending the President’s authority to detain an individual at Guantanamo Bay Habeas Corpus Litigation President of the United States Represented the President in a case involving the release of the former Vice President of Iraq Dispute Related to Disability Benefits Social Security Administration Appeal of decision awarding disability benefits to SSA claimant Dispute Involving Complaint Filed Under Suits in Admiralty Act United States of America, Department of Defense Defended dismissal of claims in a matter related to complaint filed under Suits in Admiralty Act Dispute Over Access to Classified Information U.S. Department of Defense, Central Intelligence Agency Defended award of summary judgment in a case involving access to classified information and denial of a Freedom of Information Act Petition for Review Case Relating to Medicaid Generic Drug Pricing Department of Health and Human Services, Centers for Medicare and Medicaid Services Dismissal of petition relating to state request to alter Medicaid payments for generic drugs Putative Class Action Seeking Refund of Passport Fees U.S. Department of State Defended dismissal of claims in an appeal of decision in a case related to passport processing fees Petition for Review Case Challenging Federal Motor Vehicle Safety Standard National Highway Traffic Safety Administration Dismissal of petition challenging FMVSS regulating the roof crush resistance strength required in rollover vehicle accidents Labor Management Reporting and Disclosure Act United States Department of Labor Obtained reversal of order dismissing complaint filed under the LMRDA NAFTA Cross-Border Trucking Disputes United States Department of Transportation Represented USDOT in companion petition for review cases related to NAFTA Appeal of Decision Dismissing Constitutional Tort Claims United States Department of Homeland Security, U.S. Park Service Represented the Department of Homeland Security in the appeal of a decision dismissing state law and constitutional tort claims Appeal Related to Federal Regulation of Agricultural Products United States Department of Agriculture Appeal challenging a ruling relating to the treatment of almond products Appeal in Employment Discrimination Matter United States Postal Service Obtained reversal of verdict awarding damages in an employment discrimination case Alien Tort Statute Litigation Related to State Secrets Privilege United States of America Obtained a dismissal of a suit related to allegations of a private company assisting the U.S. in carrying out clandestine intelligence program Appeal Dismissing Constitutional Tort Claims of Decision United States Department of Homeland Security, Department of State Represented the Department of Homeland Security in the appeal of a decision dismissing state law and constitutional tort claims Defended a Challenge to the Federal Communications Act United States of America, Federal Communications Commission Represented the United States in a constitutional challenge related to the Federal Communications Act Defended a Federal E-Commerce Statute against Constitutional Challenges United States of America Argued two constitutional challenge cases related to the regulation of the online sale of cigarettes Challenging State-Specific Immigration Laws United States of America Represent the United States in numerous cases challenging state-specific immigration laws Appeal Related to Terrorism Financing Sanctions U.S. Department of the Treasury Defended client in an appeal challenging a decision that upheld a designation of an entity as a Specially Designated Global Terrorist Appeal to Judgment on False Claims Act Matter United States of America Appeal challenging an $80 million False Claims Act judgment related to Medicare billing Publications April 26, 2013, Proposed E-Commerce Taxation Bill Might be Unconstitutional Presentations June 11, 2013, The American Constitution Society’s Annual Supreme Court Review |





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