Kolenda, Dennis C.

Education

University of Michigan

B.A., 1969
  • With Distinction
  • Phi Beta Kappa
  • Phi Eta Sigma

Harvard University School of Law

J.D., 1972
  • Administrative Vice-President, Harvard Voluntary Defenders

Dennis C. Kolenda

Of Counsel

Prominent Assignments

As a Circuit Court Judge for 19 years, presided over numerous trials, including several commercial and construction cases, settled hundreds of civil and divorce cases, and helped law firms work out amicable dissolutions.

Decided competing claims for breach of a series of complex engineering services agreements regarding the design and construction of extensive renovations to a large municipal waste water treatment plant. Recently affirmed.

Handled class actions challenging cable television subscriber rates and alleging industrial ground water contamination. Both decisions were affirmed on appeal.

Presided over multiple trials claiming lost profits, including some by start-up companies. Decisions were affirmed.

Decided claims brought under the Underground Storage Tank Financial Assurance Act, the Environmental Contamination Response Activity Administration Rules, and the Insecticide, Fungicide and Rodenticide Act.

Was first judge in Michigan to interpret and apply an insurance policy pollution exclusion clause and to deal with ?blanket claims? filed by insolvent insurers? liquidation receivers.

Handled a lengthy, complex case involving multiple claims of gender discrimination against a sizeable municipal police department.

Utilized unique pretrial and trial procedures to settle a case against a hospital by 55 nurses claiming a very unique compensation arrangement.

Decided several cases involving the interpretation and application of government pension plans, including the confirmation and vacation of arbitration awards. All decisions were affirmed.

Formulated and utilized a variety of settlement techniques which the Michigan Supreme Court approved as ?creative and energetic.?

Orchestrated a unique and successful settlement procedure for a case involving 200+ interrelated claims arising out of the design and construction of a hotel/apartment/condominium complex.

Recently, succeeded in overturning on judicial review an unemployment tax determination, saving the client over $1 million.

Handled two appeals of MDEQ determinations regarding dams and wetlands. Assisted overturning on appeal $2 million verdict against a bank in a UCC priority dispute.

Successfully mediated very large asset divorce cases involving unique and complex business valuations. Successfully mediated complex legal malpractice case.

Professional Involvement

  • Supreme Court Advisory Committee on Rules of Evidence, Member
  • Supreme Court Dispute Resolution Task Force, Member
  • Supreme Court Caseflow Management Rules Committee, Member
  • Michigan Judges Association Rules Committee, Member
  • Supreme Court Committee to Revise Rules of Criminal Procedure, Chair

Publications/Presentations

  • Authored Potentially Dispositive Motions, published by State Bar of Michigan Criminal Law Section
  • Co-authored Michigan Courtroom Evidence, published by Institute of Continuing Legal Education (ICLE)
  • Co-authored Pre-Trial Motions Benchbook, published by MJI
  • Presenter, Preparing for the Felony Trial: Motion Practice and Alternative Pleas and Dispositions, ICLE
  • Presenter, Civil Practice in Federal District Courts, ICLE
  • Presenter, The New Michigan Court Rules, ICLE
  • Presenter, Proving Damages, ICLE
  • Presenter, Upper Michigan Legal Institute, ICLE
  • Presenter,Civil Practice in Federal District Courts, ICLE
  • Presenter,The New Michigan Court Rules, ICLE
  • Presenter,Proving Damages, ICLE
  • Presenter,Upper Michigan Legal Institute, ICLE
  • Presenter,Preparing for the Felony Trial: Motion Practice and Alternative Pleas and Dispositions, ICLE
  • Co-authored Michigan Courtroom Evidence, published by Institute of Continuing Legal Education (ICLE)
  • Authored Potentially Depository Motions, published by State Bar of Michigan Criminal Law Section
  • Co-authored Pre-Trial Motions Benchbook, published by MJI

Areas of Practice