Mr. Kleiner is a responsive, thoughtful, and skilled attorney whose practice focuses on appellate work and defending health care and insurance litigation. He is one of a handful of attorneys in California certified as an appellate specialist. He is also licensed and practices in both California and Arizona. Mr. Kleiner prides himself on developing creative strategies to short-cut potentially expensive litigation via early settlement, motion practice, or other resolution.
Mr. Kleiner is certified as an Appellate Specialist by the California Board of Legal Specialization. He has nearly 20 years of experience handling appellate matters before the Ninth Circuit Court of Appeals, California Courts of Appeal, and Arizona Courts of Appeals. Mr. Kleiner has handled hundreds of appeals, argued in Federal, California, and Arizona appellate courts, and has favorable decisions published in all three jurisdictions.
Mr. Kleiner has extensive experience defending health and disability arbitration and litigation brought under both the Employment Retirement Income Security Act of 1974 (“ERISA”) and state law. These cases involve a variety of issues including claims brought against health insurers by both their members and health care providers. The member litigation relates to claims for benefits, bad faith, and breach of fiduciary duty. The provider litigation involves claims brought by contracted and non-contracted health care providers for breach of contract, extra-contractual claims, and failure to pay.
Mr. Kleiner also has provided insurance coverage advice and defending bad faith litigation since graduating Santa Clara law school in 2000. His practice covers important and complex issues confronting insurance companies in areas such as:
First party property
Asbestos and other toxic tort coverage
Primary and excess exhaustion and priority issues
Directors and officers claims
General liability claims
Professional liability claims
Bad faith allegations
U.S. District Courts, Arizona
U.S. District Courts, California
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Federal Circuit