Dustin M. Dow

Partner

Cleveland
T +1.216.861.7098
F +1.216.696.0740

Overview

Dustin Dow focuses his practice on high stakes insurance coverage, mass torts and fire litigation, complex civil litigation and employment representation. With comprehensive litigation experience, Dustin manages clients' needs throughout the litigation process, from pre-discovery to appeals.

In the past several years, Dustin has successfully investigated and litigated major wildfire origin, cause and liability cases while also navigating the insurance implications associated with wildfire liability. On insurance matters, Dustin counsels both policyholders and insurance carriers, providing practical insight to guide resolution of cutting edge, nuanced coverage disputes. He also handles restrictive covenant litigation, including disputes over theft of trade secrets, confidential information, non-competes and non-solicitation agreements.

An advocate for arts in education, Dustin is the Immediate Past Chairperson of the Center for Arts-Inspired Learning and is a member of the City Club of Cleveland.

Select Experience

  • Led investigation and prosecution of origin, cause and liability theories in representation of more than 200 families and seven industrial timber companies in litigation against Oregon’s leading utility, PacifiCorp, for the property, lost profits and personal injury losses suffered by the Douglas County, Oregon community from the Archie Creek Complex Fires of 2020.
  • Provides insurance counsel to timber and veneer mill company in litigation associated with one of Northern California’s 2022 building fires that resulted in wrongful death, property and personal injury claims.
  • Provided insurance coverage representation and litigated liability and damage estimation against Pacific Gas & Electric (PG&E) on behalf of 75,000 victims of the 2017 and 2018 California wildfires in connection with Baker’s representation of the Official Committee of Tort Claimants in PG&E’s historic bankruptcy which resulted in a $13.5 billion settlement on behalf of wildfire victims.
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Experience

  • Led investigation and prosecution of origin, cause and liability theories in representation of more than 200 families and seven industrial timber companies in litigation against Oregon’s leading utility, PacifiCorp, for the property, lost profits and personal injury losses suffered by the Douglas County, Oregon community from the Archie Creek Complex Fires of 2020.
  • Provides insurance counsel to timber and veneer mill company in litigation associated with one of Northern California’s 2022 building fires that resulted in wrongful death, property and personal injury claims.
  • Provided insurance coverage representation and litigated liability and damage estimation against Pacific Gas & Electric (PG&E) on behalf of 75,000 victims of the 2017 and 2018 California wildfires in connection with Baker’s representation of the Official Committee of Tort Claimants in PG&E’s historic bankruptcy which resulted in a $13.5 billion settlement on behalf of wildfire victims.
  • Represented and provided coverage analysis to a mutual insurance company with respect to various claims made by policyholders sued for alleged violations of the Telephone Consumer Protection Act.
  • Represented clients both enforcing and defending the application of non-competition and non-solicitation agreements. Represented a leading manufacturer of parts for the aerospace industry and an executive employee against a suit for permanent injunctive relief under the theory of inevitable disclosure of trade secrets, resulting in a favorable judgment on the merits and denial of injunctive relief.
  • Regularly handles wage and hour collective actions arising under the Fair Labor Standards Act. In a recent case against leading janitorial company, successfully opposed conditional certification, leading to favorable early resolution of the lawsuit before a class was certified.
  • Represented company facing class-action ERISA denial of benefits claims, achieving Rule 12 dismissal based on aggressive defensive approach.
  • Represented and defended a company responsible for the placement and operation of red light traffic cameras in various class action litigations and appeals challenging the use of the cameras. Class action lawsuits were filed in Cleveland, Chicago, New York and Florida.
  • Handles representation of railroad industry employers in Railway Labor Act and Federal Railroad Safety Act lawsuits and appeals.
Reported Decisions
  • Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), (Amicus Brief concerning use of offer of judgment in Telephone Consumer Protection Act case).
  • Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036, 2016 WL 1092414 (March 22, 2016), (Amicus Brief dealing with use of statistics for determining liability and damages and inclusion of uninjured class members in a class action under Rule 23 or a collective action under the Fair Labor Standards Act).
  • Standard Fire v. Knowles, 133 S. Ct. 1345, (2013) (Amicus Brief in Class Action Fairness Act case).

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America® 
    • “Ones to Watch” Ohio: Labor and Employment Law - Management (2021 to 2023)
    • “Ones to Watch” Ohio: Mass Tort Litigation/Class Actions - Defendants (2022 to 2023)
  • Ohio Super Lawyers "Rising Star" (2018 to 2022)

Community

  • Center for Arts-Inspired Learning: Chairperson, Board of Directors
  • The City Club of Cleveland

Prior Positions

  • Massachusetts Attorney General's Office: Administrative Law Division Extern
  • Cincinnati Enquirer: Sports Reporter

Admissions

  • U.S. Supreme Court, 2017
  • U.S. Court of Appeals, Fourth Circuit, 2016
  • U.S. Court of Appeals, Sixth Circuit, 2014
  • U.S. District Court, District of Colorado, 2015
  • U.S. District Court, Southern District of Ohio, 2015
  • U.S. District Court, Northern District of Ohio, 2013
  • U.S. District Court, District of Maryland, 2018
  • Ohio

Education

  • J.D., Boston College Law School, 2012; summa cum laude; Executive Articles Editor, Boston College Law Review
  • B.S., Kent State University, 2002