Kyle P. Konwinski Associate
Trial and Appellate Law Experience
Kyle's practice is primarily focused on commercial litigation, with particular expertise in environmental/land-use litigation and Employee Retirement Income Security Act litigation. He has played an important role on the trial team which has recovered millions of dollars for companies throughout the state that were victims of ERISA violations by Blue Cross Blue Shield of Michigan.
As for the environmental and land use area, Kyle has conducted contested case hearings in the Michigan Administrative Hearing System, pursued appeals of permit denials, defended appeals of permit grants, and has had statutes preventing development declared unconstitutional. His experience includes litigation pertaining to National Pollutant Discharge Elimination System ("NPDES)" discharge permits under Part 31, Sand Dune Protection & Management Permits under Part 353, and numerous other permits or challenges to various permits under the Michigan Natural Resources and Environmental Protection Act. He also has a significant amount of litigation experience pertaining to permits sought under local zoning ordinances.
Prior to Varnum, he clerked for the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan, which gave him invaluable experience regarding trial and appellate court matters.
- Represented over 150 companies in lawsuits against Blue Cross Blue Shield of Michigan for charging hidden fees in violation of ERISA.
- Obtained summary disposition in favor of a wind energy developer seeking to develop a $120 million wind turbine farm. The ruling struck down ordinances with which the developer would have had to comply. He represented the wind-energy developer on appeal, and obtained a complete affirmance by the Michigan Court of Appeals, with the Supreme Court declining to review the case.
- Successfully represented four municipalities (in regards to their water treatment plants) on an appeal from an administrative agency's adverse decision, and obtained a complete reversal regarding their NPDES Part 31 permits.
- Successfully represented several developers of high-end properties on Lake Michigan in the face of challenges to their special use permits and challenges to Sand Dune Protection & Management Part 353 permits from the Michigan DEQ.
- In numerous cases, obtained summary judgment in favor of police officers being sued for alleged Constitutional violations (such as illegal search and seizure or unlawful use of excessive force). For each case appealed, he obtained complete affirmance, once arguing before the Sixth Circuit Court of Appeals.
- In numerous cases, obtained judgment in favor of an international marketer and distributor of agricultural products and chemicals, arising out of allegations that the products distributed were faulty.
- Successfully represented or worked on behalf of several different plaintiffs and defendants in a variety of personal injury disputes.
- Assisted a non-profit organization in preparing for a "bet the company" arbitration. The parties eventually settled in a very favorable outcome for the client allowing the organization to continue its operations.
- Has participated in more than 50 mediations for different clients.
- Has served as local counsel for actions pending in the Western District of Michigan.
University of Michigan Law School
Ann Arbor, Michigan
J.D., magna cum laude, 2011
B.A., cum laude, Business and Economics 2006
- Federal Bar Association, Young Lawyers' Section
- State Bar of Michigan
- Grand Rapids Bar Association, Young Lawyers' Section
- State of Michigan
- United States District Court for the Western District of Michigan
- United States District Court for the Eastern District of Michigan
- Sixth Circuit Court of Appeals
- Habitat for Humanity Young Professionals of Kent County, former Board Member
- Kalamazoo College alumni, host for quarterly regional alumni gathering