Dustin M. Dow

Associate

Cleveland
T +1.216.861.7098
F +1.216.696.0740

Overview

Dustin Dow focuses his practice on high stakes insurance coverage, complex civil litigation and employment representation. With comprehensive litigation experience, Dustin manages clients' needs throughout the litigation process, from pre-discovery to appeals. On insurance matters, Dustin counsels both policyholders and insurance carriers, providing practical insight to guide resolution of cutting edge, nuanced coverage disputes. Drawing on his background as a journalist, Dustin aggressively uncovers the facts of the matters facing his clients and provides timely, clear answers and recommendations to help them effectively achieve their goals.

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

  • 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 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.
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Experience

  • 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 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.
  • Representing client in coverage litigation with crime and D&O insurance carrier for failing to provide policy benefits for claims involving theft and unauthorized contracts by a rogue employee.
  • 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© (2021)
    • “Ones to Watch” Ohio: Labor and Employment Law - Management
  • Ohio Super Lawyers "Rising Star" (2018 to 2020)

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