• 02 Nov 2021 10:06 AM | Kathi McKeown

    KDC is pleased to welcome its newest member:

    Joshua Francesco Waldrop of Boehl Stopher & Graves, LLP, Louisville, is a University of Louisville Brandeis School of Law graduate.  Mr. Waldrop practices in the areas of Auto, Employment, General Liability, Premises, Property, Real Estate Transaction Liability, Tort and Trucking.  He is sponsored by KDC member, David Crittenden.

  • 26 Oct 2021 2:38 PM | Kathi McKeown

    KDC is pleased to welcome its newest member!

    Laura Fayth Disney of Porter, Banks, Baldwin & Shaw, PLLC, Lexington, is a University of Kentucky Law School graduate.  Ms. Disney practices in the areas of Appellate, Auto, Bad Faith, Commercial, Construction, General Liability, Insurance Coverage, Premises Liability, Professional Liability and Tort.  She is sponsored by KDC Past President, Darrin Banks.

  • 19 Oct 2021 10:17 AM | Kathi McKeown


    Congratulations to KDC Director, R. Jeffrey Lowe of Kightlinger & Gray, New Albany, Indiana who was elected to the Secretary-Treasurer position of DRI at its recent annual meeting.  This was so well-deserved.

    Jeff also works with KDC's Publication Committee reviewing defense verdicts.  

    Congratulations, Jeff!!

  • 18 Oct 2021 8:40 AM | Kathi McKeown

    KDC is pleased to welcomes its newest member.

    Philip Matthew Mize of Batson Nolan, PLC, Clarksville, Tennessee, graduated from law school at the University of Memphis.  Mr. Mize practices in the areas of Auto, Construction, General Liability, Insurance, Premises and Tort.  He is sponsored by KDC member, Dennis J. Courtney.

  • 08 Oct 2021 12:41 PM | Kathi McKeown

    The office of Kentucky Defense Counsel is closed until Monday, October 18th.  If you have an urgent matter, please contact KDC President Jason Coltharp at (270) 443-4516 or jcoltharp@whitlow-law.com  If your matter is not urgent, we will contact you the week of October 18th.

  • 08 Oct 2021 11:06 AM | Kathi McKeown

    KDC is pleased to welcome its two newest members:

    Aris L. Rogers of Brown & Breeding, PSC, London is a University of Northern Kentucky Chase College of Law graduate.  Mr. Rogers practices in the areas of Auto,  Civil Rights, Insurance Coverage and Workers' Comp.  He is sponsored by KDC member, Martha Brown.

    Whitney Nicole Williams of Ward, Hocker & Thornton, PLLC, Lexington is a University of Kentucky Law School graduate.  Ms. Williams practices in the areas of Appellate, Bad Faith, Contract, General Liability, Government Entity, Insurance Coverage, Premises Liability, Product Liability, and Tort.  She is sponsored by KDC members, Ashley Brown and Jillian House. 


  • 27 Sep 2021 11:16 AM | Kathi McKeown

    KDC is pleased to welcome five new members:

    Kirby Allison Black of McMasters Keith Butler, Inc., Louisville is a University of Louisville Brandeis School of Law graduate.  Ms. Black practices in the areas of Insurance Defense, Medical Malpractice and Nursing Home.  She is sponsored by KDC member, Ashley Butler.

    Elizabeth Janice Hahn of McMasters Keith Butler, Inc., Louisville is a University of Louisville Brandeis School of Law graduate.  Ms. Hahn practices in the areas of Insurance Defense, Medical Malpractice and Nursing Home.  She is sponsored by KDC member, Beth McMasters.

    Michael Schay of Goldberg Simpson, LLC, Prospect is a University of Louisville Brandeis School of Law graduate.  Mr. Schay practices in the areas of Employment, General Liability and Tort.  He is sponsored by KDC Director, Jarad Key.

    Virginia Leigh Schell of McMasters Keith Butler, Inc., Louisville is a University of Northern Kentucky Chase College of Law graduate.  Ms. Schell practices in the areas of Insurance Defense, Medical Malpractice and Nursing Home.  She is sponsored by KDC member, Karen L. Keith.

    Cade Alan Snodgrass of Michael K. Bishop & Associates, Bowling Green, is a University of Kentucky College of Law graduate.  Mr. Snodgrass practices in the areas of Auto, Commercial, Employment, Estate Planning, General Liability, Insurance and Premises Liability.  He is sponsored by KDC Director, Michael K. Bishop.


  • 22 Sep 2021 4:29 PM | Kathi McKeown

    Sponsor & Win

    KDC's membership numbers are strong and it continues to add free CLE programs and various other items to your membership, while dues have remained constant for the last seven years.  KDC offers one of the least expensive membership dues of all state legal defense organizations while providing so much more.  

    When KDC's current Executive Director came on board in 2004, after clearing out members that had not paid for a while, we had 240 members.  Our number now stands at 457; her goal was 450.  As you know, she is retiring in May 2022.  She would like 480 members (or more, even better) by the time of her departure.

    So here's the fun part for you:  No later than April 15, 2022, have your name entered for each new member you sponsor for a chance to win a $100 gift card, second chance a $50 gift card.

    But wait, there's more!  The member you sponsor also has their name entered in another drawing for a $100 gift card.

    The best parts:

    • We are going back to January 1, 2021 and adding those sponsors and new members to the drawing.
    • No membership dues or sponsor monies are being used to purchase the gift cards.  We are simply sharing our credit card reward points with the membership.

    To get you going, here is an Application for Membership and a list of reasons to be a member of KDC.

    KDC MEMBERSHIP APP.pdf

    KDC Benefits of Membership.docx

  • 22 Sep 2021 2:43 PM | Kathi McKeown

    KDC is pleased to welcome its two newest members!

    Abbie O'Brien of Thompson Miller & Simpson PLC, Louisville, is a graduate of the University of Kentucky College of Law.  Ms. O'Brien practices in the areas of Medical Malpractice and Premises Liability.  She is sponsored by KDC member, Joey Wright.

    Elizabeth Farish Ousley of Thompson Miller & Simpson PLC, Louisville, is a graduate of the University of Kentucky College of Law.  Ms. Ousley practices in the area of Medical Malpractice.  She is sponsored by KDC member, Joey Wright.

  • 22 Sep 2021 9:43 AM | Kathi McKeown

    American Premier Underwriters, Inc. v. General Electric Co.

    Docket: 20-4010 

    Opinion Date: September 21, 2021

    Judge: Nalbandian 

    Areas of Law: Environmental Law, Transportation Law

    In the 1930s and 1940s GE designed and manufactured self-propelled, electric passenger railcars that included liquid-cooled transformers. The transformers, which generated a great deal of heat, used a coolant called Pyranol that contains toxic polychlorinated biphenyls (PCBs). GE sold some railcars to government entities whose trains operated on Penn Central lines. Pyranol from the transformers escaped and contaminated four Penn Central rail yards. APU, Penn Central’s successor, had to pay for the costly environmental cleanup and sued GE under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which makes four classes of “[c]overed persons” strictly liable for environmental contamination, 42 U.S.C. 9607(a). APU argued that GE “arranged for disposal” of hazardous PCB because it designed and manufactured transformers with pressure-release valves whose “natural function” was to discharge Pyranol when conditions required, it knew that “[t]he frequency of minor spills [was] large,” it took affirmative steps to direct spills onto the roadbed; and it implemented a fail-and-fix policy for defective transformers rather than recall them. The Sixth Circuit affirmed summary judgment. GE is neither an arranger nor an operator under CERCLA. APU assigned away its contractual right to indemnification; any claims based on reassigned indemnity rights are time-barred.

    Read Opinion


 
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