Michael P. Abate

Firm: Kaplan Johnson Abate & Bird LLP.
Location: Louisville - KY

  • 710 West Main Street 4th Floor
    Louisville, KY 40202
    USA
  • Tel : (502) 540-8280
  • Fax : N/A
  • Linkedin.Logo

Mike is an experienced litigator who has practiced at all levels of the federal court system. Mike began his career in the U.S. Department of Justice handling the United States’ most sensitive constitutional, statutory, and administrative law cases. After nearly eight years at DOJ, he joined a large regional law firm in Louisville where he became partner and chair of the firm’s appellate practice group. Mike has briefed and argued cases for his clients all across the country, including in eleven different U.S. Courts of Appeals. He also has briefed numerous cases in the U.S. Supreme Court at both the certiorari and merits stages.

Mike concentrates his practice on healthcare, media, and appellate litigation. He regularly represents Medicare and Medicaid managed care organizations in disputes pending in state and federal courts across the country. He also represents media organizations in litigation over constitutional issues and access to public records. Mike also handles state and federal appeals on wide range of different issues.

Admissions

  • Illinois
  • Kentucky
  • Washington, D.C.
  • United States Supreme Court
  • United States Court of Appeals for the District of Columbia
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the District of Columbia
  • United States District Court for the Eastern District of Kentucky
  • United States District Court for the Eastern District of Kentucky
  • United States District Court for the District of Maryland
  • United States Court of Federal Claims

Education

  • Stanford Law School, Stanford, California
    • J.D. – 2005
    • Honors: Order of the Coif
  • Harvard College, Cambridge, Massachusetts
    • B.A. – 2000
    • Honors: magna cum laude

Honors and Awards

  • Louisville Business First Forty Under Forty
  • Director of National Intelligence Award
  • US Department of Justice, Special Commendation (Immigration Preemption Litigation)
  • Attorney General’s Award for Furthering the Interest of National Security

Clerkship

  • Law Clerk, Hon. Diana Gribbon Motz, U.S. Court of Appeals for the Fourth Circuit

Representative Clients

  • Served as national counsel for Medicare Advantage Organizations in numerous cases successfully asserting Medicare Secondary Payer rights in litigation against no-fault and liability insurers, tortfeasors, and other parties responsible for reimbursing conditional Medicare payments.
  • Represented Medicare managed care organizations in connection with a variety of payer-provider disputes and regulatory matters.
  • Represented health care payers and providers in connection with government investigations and allegations arising under the False Claims Act.
  • Successfully represented media clients in disputes arising under the Kentucky Open Records Act and Open Meetings Act, including obtaining an unprecedented fee and penalty award from a state agency following a multi-day bench trial.
  • Argued more than twenty cases in U.S. Courts of Appeals, including appearing before 11 different U.S. Circuit Courts of Appeals.

Kaplan Johnson Abate & Bird LLP.

Kaplan Johnson Abate & Bird’s attorneys have extensive experience handling complex appellate and constitutional litigation in federal and state courts around the country. We have handled a wide range of complex issues, including high-stakes business, class action and constitutional litigation.

Our team, which includes a former U.S. Department of Justice appellate attorney and attorneys who practiced in large national and regional firms, has argued appeals before 11 different U.S. Courts of Appeals as well as numerous different state appellate courts.

Our attorneys regularly appear before the Kentucky Supreme Court and Court of Appeals. Our team also has considerable experience briefing cases before the U.S. Supreme Court at both the certiorari and merits stages, for both parties and amici.

Our team of appellate lawyers is regularly retained to take over high-stakes disputes as they move to the appellate court. We are skilled at working collaboratively with trial counsel to achieve the best possible results for our client, whether defending a victory below or attempting to overturn an unfortunate result.