Joe Kuiper represents clients in trial and appellate matters in state and federal courts and arbitration proceedings. His cases have included a wide range of commercial disputes, including contract, UCC, insurance, shareholder and stock-valuation matters, and challenges to agency action. He is chair of the firm's Insurance Practice Group, specializing in suits against insurance companies on behalf of policyholders. Before joining the firm, Joe served as a law clerk to the Honorable Francis D. Murnaghan, Jr. of the U.S. Court of Appeals for the Fourth Circuit.

Representative Experience

• Represented several companies in suits challenging investigation, clean-up and other DEQ and DNR orders involving tens of millions of dollars
• Regularly counsel corporate policyholders regarding risk management issues. Perform policy reviews and assist in strategy and execution of insurance claims against insurer
• Successfully represented numerous insurance policy-holders in suits for insurance coverage relating to alleged environmental contamination
• Counsel for Amway Corporation successfully persuading trial court to grant summary judgment in suit alleging fraud, breach of contract, and violation of state law.  (Touchton v. Amway Corp.) (2000) (unpublished).  Judgment upheld on appeal.  (Touchton v Amway Corp., 247 GA. App. 269 (2000))
• Counsel to distributors' association in suit with excess insurer seeking coverage for damages arising from copyright infringement.  Successfully persuaded trial court to reject insurer's motion for summary judgment based on theory of horizontal exhaustion.  (Amway Distributors Benefits Ass'n v. Northfield Insurance Co. (W.D. Mich. 2001))
• Represent suppliers, manufacturers, and buyers in breach of contract matters governed by the Uniform Commercial Code
• Currently represent company in due process and Section 1983 suit against government agency
• Counsel to distributors' group in insurance coverage suit successfully obtaining reversal of summary judgment in appeal before U.S. Court of Appeals for the Sixth Circuit, which become first court in nation to bind excess insurer to undisclosed changes made to renewal policy by primary insurer.  (Amway Distributors Benefits Ass'n v. Northfield Insurance Co. 323 F.3d 386 (6^th Cir. 2003))
• Handled all aspects of discovery, briefing, and arbitration obtaining $3 million award for minority shareholder in stock-valuation and shareholder oppression suit. (Gilchrist v Global Manufacturing & Assembly Corp. (AAA 2004)).  Successfully defended post-arbitration motions to vacate and modify the award
• Worked with team of other WN&J attorneys successfully persuading Michigan Supreme Court to grant leave to appeal in case of first impression involving validity of Indian gambling compacts under State law
• Represented closely held company in valuation dispute involving minority shareholder following cash-out merger. Reached favorable settlement following mediation
• Counsel for Luverne Fire Apparatus (now Crimson Fire) in UCC breach of contract suit involving allegedly nonconforming firetrucks built for City of Cincinnati
• Successful Michigan Supreme Court representation in case of first impression involving challenge to a managed care no-fault insurance option
• Successfully represented Spartan Motors Corporation in obtaining favorable settlement in UCC breach of contact dispute with supplier
• Successfully defended numerous breach of contract suits brought in Michigan against out of state clients, including having several dismissed on early motions for summary judgment
• Represented numerous companies and shareholders in valuation disputes in closely held companies
• Represented numerous companies in insurance claims arising from alleged environmental contamination
• Successful representation of numerous policyholders in suits against insurers, resulting in favorable court decisions and settlements in the millions of dollars, at trial and appellate level
• Represented businesses and individuals in cases against insurance companies involving all types of insurance policies and claims
• Counsel for citizens groups in two federal court actions opposing construction of tribal casinos in rural communities.  Successfully persuaded trial courts to order Department of Interior to perform new environmental assessments under National Environmental Policy Act
• Successful representation of estate of deceased driver in suit against automobile underinsurance carrier. Obtained summary disposition and successfully defended judgment on appeal

Honors And Awards

• Order of the Coif
• Phi Beta Kappa
• Univ. of Illinois Law Review, Articles Editor
• Rickert 3L awards for oral advocacy, legal writing, and student publications
• National Moot Court Team; awarded Best Brief and advanced to final round of University of Illinois Moot Court Competition
• First Prize, Judge John R. Brown National Legal Writing Competition (1997)
• Hope College Student Congress President/Vice-President

Bar Associations

Publications

• Of New Policies and Old: How Michigan’s Renewal Rule Could Affect Your Client’s Coverage, Mich. Bar. Journal (June 2009)
• Don't Give Up! How to Obtain Review of an Otherwise "Waived" Issue on Appeal, ABA Appellate Practice Journal, Vol. 28, No. 2 (Spring 2009)
• Constitutional Restrictions on Punitive Damages after Philip Morris and Exxon, FBA Western District of Michigan Bar and Bench Newsletter (June 2009)
• Remembering the Life and Career of the Late Judge Douglas W. Hillman, W.D. FBA Bar and Bench, Vol. 20, No. 2 (Aug. 2007)
• Punitive Damages after Philip Morris: Where Do We Go From Here?, CAL Appellate Issues Newsletter (2008)
• When Plain Language and Legislative History Collide, W.D. FBA Bar & Bench Newsletter (2006)
• Waiver of Issues on Appeal: Understanding the Rules and Exceptions, Michigan Appellate Practice Section Newsletter; Council of Appellate Lawyers, Appellate Issues Newsletter (2007)
• Supreme Court Opens Door to Citation of Unpublished Opinions: But Debate Likely to Continue (Michigan Appellate Practice Section Newsletter 2006)
• Insurance Policies and the Circular File:  The Case for Keeping Everything (8/2006), WNJ E-Bulletin
• Judicial Vacancies Continue to Plague Courts, W.D. FBE Bar & Bench Newsletter (2007)
• Editing Drafts Written by Associates or Law Clerks, CAL Appellate Issues Newsletter (2005) 
• Installment Contracts Under UCC 2-612: A Surprisingly Wide Path Around the Perfect Tender Rule, Michigan Business Law Journal (Spring 2003) 
• The Courts, Daubert, and Willingness to Pay: The Doubtful Future of Hedonic Damages Testimony Under the Federal Rules of Evidence, University of Illinois Law Review (Fall 1996) (cited in Smith v. Ingersoll-Rand Co., 214 F.3d 1235, 1245 (10th Cir. 2000) and Saia v. Sears Roebuck and Co., Inc., 47 F. Supp. 2d 141, 148-151 (D. Mass. 1999))
  

• Before You Renew Your Next Insurance Policy, Be Aware of How the "Renewal Rule" Could Affect Your Coverage
• Top Ten Things You Need to Know About Your Commercial General Liability Policy

Professional Affiliations

• Defense Research Institute
  Litigation and Appellate Advocacy Committees
  
• Council of Appellate Lawyers
  Publications Committee (2003-Present)
  

Community Affiliations

• Aberdeen Reformed Church
  Member; pro bono counsel
  
• Habitat for Humanity of Kent County
  Past pro bono counsel
  
• North End Community Ministries
  Board of Directors (2007-Present)
  
• Grand Rapids Youth Soccer
  Coach (2003-Present)
  

News

• Warner Norcross Names Joseph A. Kuiper as Partner