Representative Matters

Litigation

Trial and appellate counsel for telecommunications company in a case involving claims of aiding and abetting a breach of fiduciary duty, tortious interference with contractual relations, and violation of the Kentucky Uniform Trade Secrets Act.  The plaintiff was awarded less than 15% of its claimed damages following a nine-day jury trial.  On appeal, the Court of Appeals vacated the jury’s verdict and remanded for a new trial due to improper jury instructions, improper expert testimony, and erroneous evidentiary rulings.

– Insight Kentucky Partners II, L.P. v. Preferred Automotive Services, Inc., 514 S.W.3d 537 (Ky. Ct. App. 2016)

Counsel to hog farmers in Western Kentucky in a federal lawsuit claiming nuisance, trespass, negligence, and statutory violations related to odors from the farm.  Case originally brought as a class action and a collective action.  Obtained summary judgment on multiple claims and favorable pretrial evidentiary rulings on others.  Case resolved by settlement.

Powell v. Tosh, No. 5:09-CV-121 (W.D. Ky.)

Counsel to cable company in case involving competing claims of breach of contract.  Obtained summary judgment on liability for client.

– Carrollton Hospitality, LLC v. Kentucky Insight Partners II, LP, No. 13-21-GVFT, 2014 WL 2506463 (E.D. Ky. 2014)

Trial and appellate counsel to Kentucky Insurance Commissioner in her capacity as rehabilitator of an insolvent workers’ compensation group self-insurance company.  United States Supreme Court denied certiorari request related to Federal Arbitration Act.  Case ultimately tried over eight weeks on claims of negligence and fraud.  Jury returned defense verdict.

– Clark v. Ernst & Young, No. 05-CI-455 (Franklin Cir. Ct.)

Employment

Counsel to international hat maker in an action involving age discrimination and breach of contract  following remand of case from Court of Appeals.  Successfully obtained dismissal of action due to forum-selection clause in contract.  Case settled on appeal.

Advised numerous clients on matters relating to noncompetition agreements and nondisclosure agreements.

State Regulatory

Lead counsel to the Kentucky Department of Education in a case to determine whether the state’s largest school district would be placed in state management.  Case resulted in first-of-its kind settlement.

Kentucky Department of Education v. Board of Education of Jefferson County, Kentucky, Administrative Action 2018-01 (Ky. Bd. Educ. 2018)

Lead counsel for all state government cabinets in a Kentucky Supreme Court case regarding the state’s administrative hearing process.

Kentucky Board of Medical Licensure v. Strauss, 558 S.W.3d 443 (Ky. 2018)

Appellate counsel to national cell phone carrier in a case involving breach of contract claims and arguments related to powers of state agency.  Secured reversal of trial court for applying incorrect standard of review of administrative agency’s determination.

– Public Service Commission of Kentucky v. Brandenburg Telephone Co., No. 2013-CA-1625, 2015 WL 1880787 (Ky. Ct. App. 2015)

Led effort to reduce Kentucky’s administrative regulations governing insurance, banking, horse racing, alcoholic beverages, charitable gaming, professional licensing, and boxing and wrestling by one-third.

Detailed knowledge of Kentucky Open Records Act and Kentucky Open Meetings Act.

Constitutional

Lead counsel to Governor in federal lawsuit claiming state board’s disciplinary action against medical doctor was unconstitutional, violated the Americans with Disabilities Act, and violated federal antirust laws.  Court denied motion for temporary injunction and dismissed complaint.

Conrad v. Bevin, No. 3:17-CV-56 (E.D. Ky. 2018)

Lead counsel to Governor in constitutional challenge to Kentucky’s prohibition on use of medical marijuana.  Trial court ruling in favor of Governor upheld by the Kentucky Court of Appeals.

– Seum v. Bevin, 17-CI-651 (Franklin Cir. Ct.)

Lead counsel to Kentucky Horse Racing Commission in a constitutional challenge to the state’s claiming race rules. The United States Supreme Court denied certiorari, meaning it declined to accept the case, resulting in victory for the racing commission.

– Jamgotchian v. Kentucky Horse Racing Commission, No. 16-171, 137 S. Ct. 493 (2016)

Lead counsel to Kentucky Horse Racing Commission in a Kentucky Supreme Court appeal involving the constitutional separation of powers among branches of state government.  The Supreme Court upheld an order prohibiting the trial court from forbidding the commission from considering a license application.

Appalachian Racing, LLC. v. Commonwealth, 504 S.W.3d 1 (Ky. 2016)

Elections

Trial and appellate counsel in an election contest regarding a wet-dry vote.  Trial court granted judgment upholding election and Court of Appeals dismissed attempted appeal as untimely.

– Slinker v. Green County Board of Elections, No. 11-CI-92 (Green Cir. Ct.)

Trial counsel to county jailer candidate in an election contest.  Successfully established recount procedures.

– Watkins v. Bullitt County Board of Elections, No. 10-CI-1701 (Bullitt Cir. Ct.)

Healthcare

Obtained Kentucky licensure, Medicaid provider number, and contracts with managed care organizations for national DME company.

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