KYDEF News

Volunteers Needed!!

Jennifer Cocanougher — Fri, 19 Dec 2025 17:23:39 GMT

EKU is Seeking Volunteer Judges for the Colonel Classic Mock Trial Tournament!

On Saturday, January 17, and Sunday, January 18, 2025, Eastern Kentucky University will host its annual Colonel Classic Mock Trial Tournament at the Robert F. Stephens District and Circuit Courthouses in Lexington, KY. This invitational tournament features a strong field of teams from top programs across the country.

We rely on the support of judges, attorneys, law students, litigation paralegals, and former college mock trial competitors to serve as volunteer judges. KBA Members are eligible for up to two hours of public speaking credit for participating.

The schedule of rounds is as follows:

Saturday, January 17

Round 1: Judges arrive at 8:30 AM, trial from 9:15 AM - 12:15 PM

Round 2: Judges arrive at 1:30 PM, trial from 2:15 PM - 5:15 PM

Donuts and coffee will be available to judges before round 1. Lunch will be provided for judges between rounds 1 and 2.

Sunday, January 18

Round 3: Judges arrive at 8:30 AM, trial from 9:00 AM - 12:00 PM

Round 4: Judges arrive at 1:30 PM, trial from 2:00 PM - 5:00 PM

Donuts and coffee will be available to judges before round 3. Lunch will be provided to judges between rounds 3 and 4.

To sign up for one or more rounds, please use Google Forms at the below hyperlink: https://forms.gle/QpsXjpx4ywQJkZ2v6.

If you have questions about serving as a judge, please email our student tournament director, Kira Kent, at kira_kent4@mymail.eku.edu.

Thomas E. Stevens, J.D., Esq.

Assistant Professor

Department of Government

Eastern Kentucky University

Office: Commonwealth 1505

Thomas.Stevens@eku.edu

DRI New Lawyer November membership campaign has been Extended

Jennifer Cocanougher — Tue, 02 Dec 2025 20:49:38 GMT

New Lawyer November has been extended!

Help ensure every young lawyer can benefit from this offer by encouraging your associates to join DRI for FREE by December 15.

We invite you to share this opportunity with your young associates or any young lawyers you know to help them access all that DRI has to offer.

Congratulations to our 2025 KDC Award Winners!

Jennifer Cocanougher — Thu, 11 Sep 2025 12:27:22 GMT

During the 2025 Joint Annual Meeting & Seminar, held recently in Nashville TN, the following KDC members were recognized for their contributions to the defense bar:

Defense Lawyer of the Year: Jamie Dittert, Sturgill Turner Barker & Moloney

New Lawyer of the Year: Madeliene Loeffler, Sturgill Turner Barker & Moloney

Diplomat Award: Keith Bond, Lochmiller & Bond Attorneys

President's Award: Andrew DeSimone, Sturgill Turner Barker & Moloney

The Executive Committee for 2025-2026 includes Jared Key, Goldberg Simpson - President; Tia Combs, Freeman Mathis & Gary - President-Elect; Megan Jordan, Brown & Breeding - Vice-President; Adam Towe, Williams & Towe Law Group - Secretary-Treasurer; and Immediate Past-President Andrew DeSimone, Sturgill Turner Barker & Moloney.

New members to the Board of Directors include: Olivia Amlung, Adams Attorneys; Orrin Stivers, Williams & Towe Law Group; James Landry, Keuler Kelly Hutchins Blankenship & Sigler LLP; Colton Givens, Kerrick Bachert; Ian Loos, Bell Orr Aryes & Moore; Ellie Houston, DBL Law; Ashley Hoover, Taylor, Keller & Oswald; and Taylor Shepherd, Ward Hocker & Thornton.

Defense Victory - Congratulations to Charlie Walker, Sewell & Neal

Jennifer Cocanougher — Thu, 11 Sep 2025 12:23:16 GMT

Charlie Walker recently obtained a 10-2 defense verdict on liability in a premises case in Jefferson County. Plaintiff’s attorneys were Aubrey Williams and Phillip Williams.

Plaintiff Ed Kirby fell on a flight of common area steps at the Saddlebrook Apartment complex and sued the owner and manager at the time. He claimed a step collapsed and caused him to fall. His testimony was inconsistent claiming a tread broke, then a riser; that it was already missing versus collapsed; and then all those things versus he didn’t know how he fell. His upstairs neighbor Marilyn Smith testified via deposition excerpt that she saw him after he fell (not the fall itself) and that she had warned the management company the day it happened that another tenant had beaten the steps with a hammer in hopes of crippling her. She also said in those excerpts that she didn’t learn that until after the fall and that she didn’t know herself that there was anything wrong with the step. Both inconsistencies brought her entire narrative into question.

The property manager testified that they were told the day after the fall by the neighbor that the step was broken due to the hammer incident. The neighbor never mentioned Kirby’s fall at all. The manager promptly fixed the steps the same day they were told about them. The steps were of the bottom steps, not the top where Plaintiff claimed to have fallen.

Plaintiff missed expert disclosure deadlines and then was forced to rely on one treater who treated him with two pain shots several months later. Dr. Dean Collis admitted that he couldn’t testify to the ER or rehab treatment Kirby had undergone. He also had no idea of Kirby’s long history of back pain with similar injections and three fusion surgeries after a career in the local fire department. Dr. Joe Zerga was our expert. He testified that Kirby’s lower back pain and radiating leg pain were not new and all preexisted. He also said that the symptoms were all related to his 2018 stroke which caused left sided symptoms. That coupled with his not taking Eliquis as prescribed and his taking cocaine before the fall led to stroke-like symptoms that were the cause of his fall.

Since the fall involved a common area, the jury was given an instruction that the owner/manager had to have knowledge of an unreasonably dangerous condition for enough time to have remedied the defect. The jury answered that the owner did not have such notice, so a defense verdict was rendered.

Charles A. Walker

Sewell & Neal, PLLC

220 West Main Street, Suite 1800

LG&E Center

Louisville, KY 40202

Office: (502) 582-2030 (ext. 4267)

Direct: (408) 577-3231

Fax: (502) 561-0766

Email: cwalker@sonlegal.com

www.sonlegal.com

2025 KDC Awards - Nominations due June 1

Sun, 27 Apr 2025 16:01:16 GMT

Kentucky Defense Counsel Annual Awards Program

To celebrate and honor its members, the Kentucky Defense Counsel, Inc. proudly presents three annual awards during the Fall Annual Meeting & Seminar.

Download the Nomination Form

Important Update:

The 2025 KDC Annual Meeting will take place earlier than usual, from August 27–29 in Nashville, TN. In preparation for this event, Awards Committee Chair Jarad Key requests that all award nominations be submitted to the KDC office no later than June 1, 2025.

Awards Overview

Defense Lawyer of the Year

Presented to a KDC member who has distinguished themselves through exceptional achievements and contributions to the defense bar and the organization. Nominees must be KDC members.

New Lawyer of the Year

Awarded to a KDC member with notable contributions to the organization and the practice of law. Nominees must have been practicing law for 10 years or fewer and be members of KDC.

Diplomat

Reserved for senior KDC members, this honor recognizes significant contributions to the organization or the defense bar. Nominees must be KDC members aged 65 or older.

Upcoming Membership Renewals

Sun, 27 Apr 2025 15:41:32 GMT

Membership renewal for KDC is fast approaching, and we want to ensure that you have all the necessary information to continue your membership seamlessly. Since 2023, membership renewal notices have been conveniently sent electronically through our membership platform, WildApricot. In early June, keep an eye on your inbox for an email containing a link to your membership renewal invoice. From there, you’ll have the option to pay directly via credit card or print off the invoice and mail it with a check to the KDC office.

We understand that life gets busy, which is why reminder emails will be automatically generated to ensure you don’t miss the renewal deadline. However, if you have any questions or need assistance, please don’t hesitate to reach out to us at the KDC office.

For those firms who have many KDC members, we are also happy to send a single invoice listing all the members in their firm. Please reach out to me at the KDC office if your firm would like to receive a single invoice for membership renewal.

While renewing your membership, it is also a great time to review and update any of your contact information, especially if you have changed firms or locations since first joining KDC.

Reserve Your Hotel Room for the KDC/TDLA Joint Meeting - Aug 27-29

Jennifer Cocanougher — Fri, 25 Apr 2025 19:46:08 GMT

Save the date for an extraordinary Joint Annual Meeting with the Tennesse Defense Lawyers Association at the DoubleTree by Hilton Downtown Nashville on August 27-29, 2025. The conference will bring together civil defense attorneys, insurance counsel and in-house attorneys for a few days of focused learning and fun in downtown Nashville.

Check back soon for Registration and Agenda information.

Hotel Information: BOOK YOUR ROOM NOW

DoubleTree by Hilton Downtown Nashville

315 Fourth Avenue North

Nashville, TN 37219

Reservation phone number: 1-800-222-8733

Use Group Code 93R when calling to make your reservation.

Hotel Room Booking Link: Click Here

Room block rates start at $199/ night. Book by August 7, 2025.

Nominate A Colleague for a KDC Award

Jennifer Cocanougher — Fri, 25 Apr 2025 19:41:49 GMT

The 2025 Award Nominations Form is now available on the KDC website Awards Committee

Nominate a fellow KDC member for:

Defense Lawyer of the Year

New Lawyer of the Year

Diplomat

Nominations should be submitted to the KDC office by June 1. Awards will be presented during the Annual Meeting August 27-29 in Nashville, TN (Joint Meeting and Seminar with the Tennessee Defense Lawyers Association).

Blocked Messages from SimpleLists

Jennifer Cocanougher — Fri, 17 Jan 2025 15:37:19 GMT

From time to time, firewall protections will block posts from our listserv getting to your inbox. This week we have experienced a number of blocked messages. If you feel you are not receiving SimpleList posts here are some suggestions:

Contact the KDC office - I will be able to research if the message has been blocked
If the message has been blocked, I can provide information for your IT depart ment to correct the issue.

Winter Issue of Common Defense now available!

Jennifer Cocanougher — Fri, 17 Jan 2025 15:16:51 GMT

The Winter Issue of Common Defense is now available. For those requesting hard copies, the issue should arrive at your office shortly, if not already. The electronic copy can be found at Common Defense

In Memoriam: Patrick W. Gault

Jennifer Cocanougher — Fri, 16 Aug 2024 21:54:37 GMT

We extend our deepest condolences to the family and colleagues of Patrick W. Gault, a founding member of Napier Gault Schupbach & Stevens, who passed away on Thursday, August 8, 2024. Patrick was a dedicated member of the Kentucky Defense Counsel.

Patrick earned his BA from Duke University in 1990, and his JD from the University of Kentucky in 1993. He began his career at Weber & Rose, PSC. In only five years, he successfully rose to become a partner. In 2007, he was elected by his peers to the firm's Executive Committee, helping to manage the 40-employee firm on a day-to-day basis.

When Tim Napier was hired as a new associate at Weber & Rose in 1994, he had the good fortune to be assigned to the office next door to Patrick’s. The two quickly became close friends. They shared an entrepreneurial spirit, a strong work ethic, and most importantly—a sense of humor. In 2008, they achieved their goal of starting a boutique defense law firm: Napier Gault, PLC (which they eventually grew to become Napier Gault Schupbach & Stevens). A brief article about the firm’s start appeared in Business First.

Patrick’s reputation in the highly-specialized field of mass/toxic tort defense was unmatched. Respected by lawyers on both sides of his cases, he accumulated numerous professional accolades, including:

Named as Kentucky's 2013 Mass Tort Litigation "Lawyer of the Year" by Best Lawyers publication
Selected in 2008 as a Member of the Council on Litigation Management. CLM is an alliance of corporations, insurance companies and law firms committed to furthering the highest standards of litigation management. Membership is by invitation only.
Woodward/White’s The Best Lawyers in America® in the areas of Personal Injury Litigation-Defendants, 2012-2018 and Product Liability Litigation Defendants, 2012-2018
2016-2018 Recognized by his peers as a Kentucky Super Lawyer®
2012-2018 Recognized as one of the Top Lawyers in the area of Product Liability Law-Defense by Louisville Magazine

Patrick’s work also resulted in three reported decisions:

Combs v. Albert Kahn Associates, Inc., 183 S.W.3d 190, Ky. App., 2006 (Frequently cited when a defendant asserts a statute of limitations defense.)
Strange v. Albert Kahn Associates, Inc., 2005 WL 3488280 , Ky. App., 2005
Logsdon v. Albert Kahn Associates, Inc., 2006 WL 2382501, Ky. App., 2006

Patrick was an amazing father, son, attorney, colleague, business partner, and, most importantly, friend to all those who had the honor to work with him. He will be greatly missed.

Early Bird Deadline Extended to August 10!!

Jennifer Cocanougher — Thu, 11 Jul 2024 20:01:10 GMT

Make plans to attend the Fall Annual Meeting and Joint Seminar with the Tennessee Defense Lawyers Association - October 9-11 - Lexington, KY

Save $100 on registration by August 10, 2024

Reserve your spot for Keeneland by August 10

To register visit KDC/TDLA Joint Annual Meeting & Awards Program

2024 NOMINATION FORM AVAILABLE

Jennifer Cocanougher — Fri, 03 May 2024 15:23:25 GMT

The 2024 Nomination Form for KDC Awards is now available. Nominate your colleagues for one of KDC's annual Awards:

Defense Lawyer of the Year
Diplomat Award
New Lawyer of the Year

Award nominations are due by July 15, 2024. Fillable Nomination form can be found here.

New Name, New Chair for YLS Committee

Jennifer Cocanougher — Thu, 28 Mar 2024 14:12:29 GMT

During the March 14, 2024 Board of Directors meeting, the decision was made to change the name of the Young Lawyers Section committee to "New" Lawyers Section committee. The name change recognizes the current demographic for lawyers in the early years of practice. During the meeting, the board also recognized and thanked Whitney Williams for her many years of service as chair of the committee. The Board also approved Catie Coldiron Joseph as the new chair of the New Lawyers Committee. The committee is working with the CLE Committee to present webinar this fall for new lawyers on September 25. More information will be posted to the Events page soon.

Welcome to our Newest Members!

Jennifer Cocanougher — Fri, 05 Jan 2024 21:55:16 GMT

In addition to the new members featured in the 2023 Fall/Winter issue of Common Defense, please welcome these new members to KDC:

Harlee Havens, Stites & Harbinson, PLLC
Taylor Marak, Sewell & Neal, PLC
Samuel Harmon, Porter, Banks, Baldwin and Shaw
Christopher Lewis, Freeman Mathis & Gary, LLP

KDC Gets Creative with Cardz for Kidz!

Jennifer Cocanougher — Fri, 13 Oct 2023 11:41:56 GMT

During the 2023 Fall Seminar, participants were encouraged to create a hand-written greeting card to be distributed to children in hospitals across the nation through the organization Cardz for Kidz. Members had a great time letting their creativity flow during breaks at the seminar and created 30 uplifting & thoughtful cards & bookmarks! KDC also made a monetary donation to Cardz for Kidz to cover the postage and handling costs. Thank you KDC for giving back to those around us!

Congratulations to the team from Frost Todd Brown!

Jennifer Cocanougher — Thu, 02 Mar 2023 15:26:44 GMT

KDC member Jeremiah Byrne, along with Griffin Terry Sumner and Andrew Palmer from Frost Todd Brown, just received a significant jury trial victory on behalf of Kentucky Utilities. FBT defended KU in the high-stakes litigation involving a 2018 wrongful death case. The trial, in which the Plaintiff asked the jury for a total award of $107 million, lasted eight days. The jury deliberated for just over three hours before returning a full defense verdict in favor of our client. You can find the full details in the link below.

https://frostbrowntodd.com/trial-victory-fbt-earns-favorable-ruling-for-kentucky-utilities-in-wrongful-death-case/

Kentucky Supreme Court Opinions (cont)

Jennifer Cocanougher — Mon, 20 Feb 2023 19:26:26 GMT

Docket: 2021-SC-0411-DG

Opinion Date: February 16, 2023

Judge: Lambert

Areas of Law: Criminal Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals concluding that Defendant's sentence must be vacated because the circuit court committed palpable error, holding relief was warranted but that the court improperly reversed Defendant's probation revocation.

Defendant pled guilty to two felonies and of being a persistent felony offender in the second degree and was sentenced to a twenty-two term of imprisonment. Defendant filed a motion to vacate, challenging the plea agreement and his conviction and sentence. The court of appeals concluded that the circuit court committed palpable error, warranting resentencing. The Supreme Court affirmed in part and reversed in part, holding (1) while the court of appeals erred by treating Defendant's appeal as a direct appeal, the court's conclusion that the circuit court committed reversible error was not erroneous; and (2) the court of appeals erred by reversing the circuit court's probation revocation order.

Oufafa v. Taxi, LLC

Docket: 2022-SC-0003-WC

Opinion Date: February 16, 2023

Judge: Michelle M. Keller

Areas of Law: Labor & Employment Law

In this workers' compensation case, the Supreme Court vacated the ALJ's determination that Defendant was correct to deny Plaintiff benefits on the ground that he was an independent contractor, not an employee, holding that this Court hereby adopts the economic realities test to safeguard the protection afforded by workers' compensation.

Plaintiff was working as a taxi driver for Defendant when he was shot in the shoulder and became permanently paralyzed from the waist down. Plaintiff sought workers' compensation to pay for his extensive medical care, but Defendant denied the claim due to Plaintiff's status as an independent contractor. An ALJ also determined that Plaintiff was an independent contractor. The Workers' Compensation Board reversed. The court of appeals reversed and reinstated the ALJ's opinion. The Supreme Court remanded the case back to the ALJ, holding that this Court's holding in Mouanda v. Jani-King International, 635 S.W.3d 635 (Ky. 2022) adopting the economic realities test is extended to the workers' compensation context.

Jefferson County Public Schools v. Tudor

Docket: 2022-SC-0024-DG

Opinion Date: February 16, 2023

Judge: Michelle M. Keller

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the court of appeals reversing the order of the circuit court granting summary judgment to Jefferson County Board of Education (BOE) and dismissing this lawsuit on immunity grounds, holding that the BOE was entitled to summary judgment on its immunity claim.

A Western High School student, through his mother and next friend, brought suit against the BOE and Brian Raho, the assistant principal at the high school, for assault and battery. The trial court granted summary judgment for the BOE and Raho, finding that the BOE was entitled to sovereign immunity and that Raho was entitled to qualified official immunity. The court of appeals reversed. The Supreme Court reversed the court of appeals' opinion to the extent that the court reversed the summary judgment to the BOE, holding that, while the trial court cited to the incorrect type of immunity, it correctly found that the BOE was immune from suit.

Kentucky Supreme Court Opinions

Jennifer Cocanougher — Mon, 20 Feb 2023 19:21:40 GMT

Cameron v. EMW Women's Surgical Center, P.S.C.

Docket: 2022-SC-0329-TG

Opinion Date: February 16, 2023

Judge: Lambert

Areas of Law: Civil Rights, Constitutional Law, Health Law

The Supreme Court affirmed the decision of the court of appeals dissolving the circuit court's temporary injunction against two statutes that effectively prohibit abortions in Kentucky except in limited circumstances where it is necessary to preserve the life of the mother, holding that the circuit court abused its discretion in granting the temporary injunction.

Plaintiffs, several abortion providers, filed for injunctive and declaratory relief against Ky. Rev. Stat. 311.772 and Ky. Rev. Stat. 311.7707-11, arguing that the bans contained in the statutes violated their patients' right to privacy under sections 1 and 2 of the Kentucky Constitution. The circuit court granted the temporary injunction. The court of appeals dissolved the temporary injunction against the bans. The Supreme Court affirmed, holding (1) Plaintiffs lacked third-party standing to challenge the statutes on behalf of their patients, but Plaintiffs did have first-party, constitutional standing to challenge one of the statutes on their own behalf; and (2) the court of appeals did not err in holding that the circuit court abused its discretion by granting the temporary injunction.

Congratulations to Ryan Nafzinger and the KDC Amicus Committee!

Jennifer Cocanougher — Mon, 20 Feb 2023 16:18:13 GMT

Congratulations to KDC amicus writer Ryan Nafzinger of Phillips Parker Orberson & Arnett for the defense victory before the Kentucky Supreme Court in Walmart, Inc. v. Reeves, 2021-SC-0288-DG (Feb. 16, 2023). The Kentucky Supreme Court's unanimous opinion explicitly limits the holding of Shelton to open and obvious cases. Great work, everyone!

The underlying case involved negligent security claims for third-party criminal acts. The case hinged on the question of foreseeability in the context of a premises owner’s duty to protect against criminal acts, and who decided that question. A landowner typically has no duty to prevent third-party criminal acts that occur on its premises. However, there is a duty when those third-party criminal acts are foreseeable. In this case, Walmart had been successful in obtaining summary judgment following the assault of a Walmart patron in a store parking lot by a third party. Walmart argued that because such an event was not foreseeable, Walmart had no duty to provide security or otherwise take measures to prevent the attack and thus, as a matter of law, could not be liable. The Plaintiff, using a variety of crime statistics and prior incident reports, argued the opposite. The trial court conducted an analysis of that evidence, determined the evidence was not sufficiently similar in character so as to make the assault foreseeable, and granted summary judgment in Walmart’s favor because of the lack of duty. At the Court of Appeals, the Plaintiff argued (in the style of Shelton and McIntosh and their progeny) that the question of foreseeability was a question of fact for the jury to decide. In other words, all premises owners have a general duty to protect against foreseeable criminal acts, and the question of whether the acts are foreseeable is a question for the jury to decide in determining whether the premises owner breached that duty. The Court of Appeals sided with the Plaintiff and reversed summary judgment. Fortunately, the Kentucky Supreme Court found otherwise. The Kentucky Supreme Court explicitly limited the holdings in Shelton to open and obvious cases, and found that the question of foreseeability in the context of negligent security cases was a question of law for the trial court to decide. Going forward, for a plaintiff to prevail on a claim for negligent security, the plaintiff must establish that the criminal act was foreseeable before the duty to prevent or protect against that act can be established. This gives premises owners an achievable route for obtaining summary judgment in cases where the act was not foreseeable. Most importantly, this is a question for the trial court to decide as a matter of law.

Spring Seminar - Registration Information

Jennifer Cocanougher — Tue, 14 Feb 2023 15:00:33 GMT

Celebrate St. Patrick's Day with your KDC colleagues!!

The KDC Spring Seminar will be held on Friday, March 17 at the historic Seelbach Hilton Hotel in downtown Louisville. A full day's agenda is planned and CLE up to 6 hours!

Visit the Events page to register online or download the Agenda & Registration form here: 2023 Spring Agenda Registration Form2.doc

6th Dist Court of Appeals: Doe vs. Knox County Board of Education

Jennifer Cocanougher — Thu, 05 Jan 2023 20:53:31 GMT

This was reprinted from Justia newsletter, January 5, 2023

Doe, a high-school student, suffers from a condition that makes her hypersensitive to the everyday sounds of eating food and chewing gum. Doe’s parents unsuccessfully requested that her school ban students from eating or chewing in her classes. They sued the Knox County Board of Education under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. While considering their preliminary injunction motion, the district court dismissed the suit, reasoning that Doe’s parents could obtain the requested relief in administrative proceedings under the Individuals with Disabilities Education Act (IDEA) and had failed to exhaust administrative remedies under 20 U.S.C. 1415(l).

The Sixth Circuit reversed and remanded. The IDEA provides relief only to students who need “specially designed instruction.” Because no ordinary English speaker would describe a ban on eating and chewing as “instruction,” her parents did not need to go through the IDEA’s review process to attempt to seek this ban under the ADA and Rehabilitation Act. However, Knox County offered significant justification for its policy allowing students to eat in class at the magnet school that Doe chose to attend—a school designed to operate like a college–which the district court must consider in the first instance.

https://law.justia.com/cases/federal/appellate-courts/ca6/22-5317/22-5317-2023-01-04.html

Welcome to our newest members!

Jennifer Cocanougher — Sat, 06 Aug 2022 22:38:16 GMT

Kelsey Bryant of Hamm, Milby & Ridings PLLC in London, is a graduate of the University of Kentucky Rosenberg College of Law. Ms. Bryant practices in many areas including insurance defense, general liability, and business and commercial liability. She is sponsored by Jay Milby Ridings.

Kaitlyn Embry of Bell, Orr, Ayers & Moore PSC in Bowling Green, is a graduate of Belmont University College of Law. Ms. Embry practices in many areas including civil litigation, insurance defense, and estate planning and administration. She is sponsored by KDC Past-President Paul T. Lawless.

Darren Smith of Whitlow, Roberts, Houston & Straub in Paducah, is a graduate of the University of Kentucky Rosenberg College of Law. Mr. Smith practices in the areas of auto, general liability, insurance coverage, and workers compensation. He is sponsored by KDC President Jason Coltharp.

William Tyler Lloyd of Ward, Hocker & Thorton PLLC in Lexington, is a graduate of Northern Kentucky University Chase College of Law. Mr. Lloyd practices in many areas including insurance coverage, construction, and employment. He is sponsored by KDC Young Lawyers Committee Chairperson Whitney Williams.

Special Offer for KDC Members!

Jennifer Cocanougher — Wed, 15 Jun 2022 21:47:02 GMT

We are excited to announce DRI’s Free Membership Pilot Program for current KDC members! DRI is offering a free year of membership to new members and those whose membership lapsed more than five years ago. This limited program runs through August 31, 2022, so join today to start making the most of your free year of DRI membership!

Membership in DRI gives you instant connection to the largest association of civil defense attorneys in the nation. DRI provides both virtual and in-person networking and CLE options, including webinars and seminars, as well as resources such as its monthly publication and expert witness referral network. Make the most of your defense practice by scanning the QR code below with your smart phone camera app and joining DRI today!

For more information, email Kentucky’s DRI State Representative Ashley Brown at abrown@whtlaw.com.

Welcome to new member Ryan McElroy!

Jennifer Cocanougher — Sat, 28 May 2022 12:52:55 GMT

Please welcome our newest member, Mr. Ryan McElroy.

Mr. McElroy of Ward, Hocker & Thorton PLLC, is a graduate of the University of Kentucky Rosenburg College of Law. He practices in the areas of auto, bad faith, commercial, insurance coverage, premises liability and trucking. Mr. McElroy is sponsored by KDC's YLS Chair, Whitney Williams.

Taylor Oldham joins KDC!

Kathi McKeown — Sat, 30 Apr 2022 17:05:36 GMT

KDC is pleased to announce the newest member:

Taylor L. Oldham of Fowler Bell PLLC, Lexington, is University of Kentucky Rosenberg College of Law graduate. Ms. Oldham practices in the areas of Appellate and Workers' Comp. She is sponsored by KDC's YLS Chair, Whitney Williams.

NEW KDC CONTACT INFO --

Kathi McKeown — Thu, 28 Apr 2022 19:59:44 GMT

Effective May 2nd, 2022, to reach the office of Kentucky Defense Counsel:

Jenny Cocanougher, P.O. Box 1412, Versailles, Kentucky 40383-1412

Phone: (859) 338-4761; Email: admin@ky-def.org

Congratulations!!

Kathi McKeown — Mon, 25 Apr 2022 17:54:06 GMT

Many thanks to so many KDC members for sponsoring new members. Our membership is now knocking at 500 members, and we hope it continues to grow. The winners of the gift cards, whose names were drawn before the Board's LRP meeting got underway on Saturday, April 23rd, are:

New Member

$100 - Ellen Black of Kinkead Stilz, Lexington, who was sponsored by Melanie Sublett Marrs

Sponsors

$100 - Jamie Dittert of Sturgill, Turner, Barker & Moloney, Lexington who sponsored Emily Pence

$50 Second Chance - Samantha Fields of the Oxley Rich Sammons Law Firm, Huntington, WV, who sponsored Perry Oxley.

Your support during this membership campaign is greatly appreciated!!

KDC Welcomes Madeleine Loeffler!

Kathi McKeown — Fri, 22 Apr 2022 18:11:20 GMT

KDC is pleased to welcome its newest member:

Madeleine Broox Loeffler of Sturgill, Turner, Barker & Moloney, Lexington is a University of Kentucky Rosenberg College of Law graduate. Ms. Loeffler's areas of practice include Insurance Coverage, Medical Malpractice and Tort. She is a member of DRI and is sponsored by KDC Secretary-Treasurer, Andrew DeSimone.

Another New KDC Member!

Kathi McKeown — Fri, 08 Apr 2022 20:20:06 GMT

KDC is pleased to welcome its newest member!

Shad M. Brown of King, Deep & Branaman, Henderson, is a Washington and Lee University School of Law graduate. Mr. Brown practices in the areas of Auto, Business Litigation, Commercial, Construction, Contract, Education, General Liability, Government Entity, Insurance Coverage, Municipal, Premises Liability, Tort and Workers' Comp. He is sponsored by KDC member, C. Donald Thompson, Jr.

Anthony Pernice joins KDC!

Kathi McKeown — Thu, 03 Mar 2022 19:48:00 GMT

KDC is pleased to welcome its newest member:

Anthony M. Pernice of Reminger Co., LPA, Lexington is a University of Kentucky Rosenberg College of Law graduate. Mr. Pernice practices in the areas of Auto, Business Litigation, Commercial, Construction, General Liability, Premises Liability, Product Liability, Property, Tort & Trucking. He is sponsored by KDC member, Maxwell D. Smith.

Two New KDC Members!

Kathi McKeown — Sat, 26 Feb 2022 18:35:38 GMT

KDC is pleased to welcome its two newest members:

David J. Homra III of Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP, Paducah is a Southern Illinois University School of Law graduate. Mr. Homra practices in the areas of Auto, Business Litigation, Civil Rights, Commercial, Employment, General Liability, Government and Insurance. Mr. Homra is sponsored by KDC Director, Kristen Worak.

Adrianna Michelle Long of Schiller, Barnes & Moloney PLLC, Louisville is a University of Louisville Brandeis School of Law graduate. Ms. Long practices in the areas of Appellate, Auto, Civil Rights, General Liability, Insurance, Premises and Tort. She is sponsored by KDC member, Stephen C. Keller.

Loss of two members --

Kathi McKeown — Tue, 22 Feb 2022 19:25:13 GMT

We received two incredibly sad pieces of news today:

KDC member, Ron Green of Green, Chesnut & Hughes, PLLC, Lexington has died. Ron has been a very long-time member of KDC, attended KDC seminars and was often seen at the DRI Annual Meeting. Our condolences to his entire family and staff, but especially to his wife, Pamela Chesnut, also a member of KDC.

KDC member and Social Media Chair, Jordan Morgan who had just joined Reminger Co., LPA's Lexington office, was shot and killed early this morning during an intrusion at her parent's home in Richmond.

Please keep Ron and Jordan's family, friends and staff in your thoughts and prayers during this difficult time.

Opinion - US Court of Appeals for the Sixth Circuit

Kathi McKeown — Tue, 01 Feb 2022 16:04:08 GMT

The following is reprinted from JUSTIA, February 1, 2022:

Albright v. Christensen

Docket: 21-1046

Opinion Date: January 31, 2022

Judge: Karen Nelson Moore

Areas of Law: Civil Procedure, Medical Malpractice, Professional Malpractice & Ethics

Albright was severely injured in a car accident and used opioids to manage her chronic pain. She became addicted to opioids. Seeking treatment for her addiction, Albright turned to Dr. Christensen to administer a one-week in-patient detoxification program. Christensen started Albright with a patient-controlled analgesia pump to supply her with hydromorphone, a pain reliever; he also gave Albright phenobarbital, which depresses the central nervous system. Christensen terminated these treatments after Albright became “anxious and tearful” while the two discussed the treatment. Changing tack, Christensen twice administered Suboxone—an opioid-replacement medication—to Albright. On both occasions, Albright immediately developed muscle spasms, pain, contortions, restlessness, and feelings of temporary paralysis. She refused further treatment and was discharged. Albright still suffers shaking, muscle spasms, and emotional distress. The Sixth Circuit reversed the dismissal of Albright’s suit against Christensen. The suit sounds in medical malpractice rather than negligence. Michigan’s affidavit-of-merit and pre-suit-notice rules for medical-malpractice actions conflict with the Federal Rules of Civil Procedure and do not apply in diversity cases in federal court. Federal Rule 3 requires only the filing of a complaint to commence an action—nothing more. The district court mistakenly invoked Erie and applied the pre-suit-notice rule in Albright’s case.

Read Opinion

Victoria Boggs and Timothy Spille Join KDC!

Kathi McKeown — Mon, 24 Jan 2022 18:19:35 GMT

KDC is pleased to welcome its newest members.

Victoria Eleanor Boggs of Napier Gault Schupbach & Stevens, PLC, Louisville is a law school graduate of Washington University in St. Louis. Ms. Boggs practices in the area of Medical Malpractice. She is sponsored by KDC President-Elect, Kristen Fowler.

Timothy B. Spille of Reminger Co., LPA, Fort Mitchell Kentucky, is a University of Northern Kentucky Chase College of Law graduate. Mr. Spille practices in the areas of Auto, Construction, Insurance, Presises, Tort, Trucking & Utilities. He is sponsored by KDC Director, Bill Orberson.

Caroline Ahler Augenstein Newest KDC Member!

Kathi McKeown — Wed, 12 Jan 2022 14:25:05 GMT

KDC is pleased to welcome its newest member.

Caroline Ahler Augenstein of Ward Hocker & Thornton, PLLC, Lexington is a University of Kentucky Rosenberg College of Law graduate. Ms. Augenstein practices in the area of Insurance Coverage. She is sponsored by KDC Director, Ashley Brown.

Firm Merger

Kathi McKeown — Wed, 05 Jan 2022 20:37:03 GMT

As of January 1, 2022, the law firm of McMasters Keith & Butler merged with Stoll Keenon Ogden's Louisville office.

KDC Welcomes Newest Member

Kathi McKeown — Fri, 17 Dec 2021 16:02:21 GMT

KDC welcomes its newest member:

Leah Theriot Scharff of O'Bryan, Brown & Toner, Louisville is a University of Louisville Brandeis School of Law graduate. Ms. Scharff practices Business Litigation, General Liability, Insurance Coverage, Medical Malpractice, Nursing Home, Professional Liability and Tort. She is sponsored by KDC member, Scott Burroughs.

Joshua Owen & Danielle Sweet join KDC!

Kathi McKeown — Mon, 22 Nov 2021 14:26:22 GMT

KDC is pleased to welcome its two newest members:

Joshua Justice Owen of Sturgill, Turner, Barker & Moloney, PLLC, Lexington, is a University of Kentucky School of Law. Mr. Owen practices in the areas of Insurance, Medical Malpractice and Torts. He is a member of DRI and is sponsored by KDC Secretary-treasurer, Andrew DeSimone.

Danielle Marie Sweet of Sewell & Neal, PLLC, Louisville is graduate of the Indiana University Maurer School of Law. Ms. Sweet practices in the areas of Auto, Insurance, Premises and Tort. She is a member of DRI and is sponsored by KDC member, Charles A. Walker.

Four New KDC Members!

Kathi McKeown — Thu, 18 Nov 2021 15:01:37 GMT

KDC is pleased to welcome its three newest members:

Kaylee Frances Collins of Ward, Hocker & Thornton, PLLC, Lexington, is a Salmon P. Chase College of Law graduate. Ms. Collins practices in the areas of Auto, General Liability, Insurance Coverage, Premises Liability, Products Liability and Tort. She is sponsored by KDC Director, Ashley Brown.

Winfield McKee Frankel of O'Bryan, Brown & Toner, Louisville, is a University of Dayton School of Law graduate. Mr. Frankel is practices in the areas of General Liability, Medical Malpractice and Professional Liability. He is sponsored by Gerald R. Toner (KDC's 2021 Diplomat award recipient).

Jason Wayne Hall of Coleman Lochmiller & Bond, Elizabethtown is a Salmon P. Chase College of Law graduate. Mr. Hall practices in the areas of Auto and Insurance. He is sponsored by KDC Past President, Beth Lochmiller.

Danielle Marie Sweet of Sewell & Neal, PLLC, Louisville is a graduate of Indiana University Maurer School of Law. Ms. Sweet practices in the areas of auto, insurance, premises and tort. She is a member of DRI and is sponsored by KDC member, Charles A. Walker.

Newest KDC Member!

Kathi McKeown — Tue, 09 Nov 2021 21:04:08 GMT

KDC is pleased to welcome its newest member.

Emma Rose Gripshover of Dressman Benzinger Laelle psc, Crestview Hills, is a University of Cincinnati College of Law graduate. Ms. Gripshover practices in the areas of Employment and Medical Malpractice. She is sponsored by KDC Director, Ryan McLane.

KDC Announces Two New Members!

Kathi McKeown — Fri, 05 Nov 2021 14:06:45 GMT

KDC is pleased to announce its two newest members:

Jennifer Batista Dominicci of Sturgill, Turner, Barker & Moloney, PLLC, Lexington is a graduate of the Interamerican University of Puerto Rico School of Law. Ms. Dominicci practices in the area of Government law. She is a member of DRI and is sponsored by KDC Secretary-Treasurer, Andrew DeSimone.

Clay Edward Thornton of Ward, Hocker & Thornton, PLLC, Lexington, is a graduate of the University of Kentucky School of law. Mr. Thornton practices in the areas of Auto, Construction, General Liability, Insurance Coverage, Premises Liability, Tort, Trucking and Workers' Comp. He is a member of DRI and is sponsored by Gregg Thornton and KDC Director, Ashley Brown.

In-Person CLE Program

Kathi McKeown — Tue, 02 Nov 2021 14:08:45 GMT

KDC members, join us at Stoll Keenon Ogden, 300 W. Vine Street, 21st Floor, Lexington on Thursday, November 4 at 4:00 p.m. for the program, CLE -- What Caused the Fire? How Electricity and Electrical Faults Spark a Case."

The program is sponsored by S-E-A, Ltd. and Michael Rupp, P.E., IAAI-CFI®, NAFI-CVFI, CFEI will be presenting the program.

After the CLE program, we hope those in attendance will join us at The Thirsty Fox.

Welcome Josh Waldrop!

Kathi McKeown — Tue, 02 Nov 2021 14:06:36 GMT

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.

New KDC Member!

Kathi McKeown — Tue, 26 Oct 2021 18:38:57 GMT

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.

Congratulations to Jeff Lowe!

Kathi McKeown — Tue, 19 Oct 2021 14:17:38 GMT

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!!

KDC Welcomes Philip Mize!

Kathi McKeown — Mon, 18 Oct 2021 12:40:24 GMT

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.

KDC Office Closure

Kathi McKeown — Fri, 08 Oct 2021 16:41:57 GMT

The office of Kentucky Defense Counsel is closed until Monday, October 18^th. 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 18^th.

KDC Announces Two New Members!

Kathi McKeown — Fri, 08 Oct 2021 15:06:27 GMT

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.

KDC Welcomes 5 New Members!

Kathi McKeown — Mon, 27 Sep 2021 15:16:42 GMT

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.

The Competition is On!!

Kathi McKeown — Wed, 22 Sep 2021 20:29:30 GMT

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

Two New KDC Members!

Kathi McKeown — Wed, 22 Sep 2021 18:43:08 GMT

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.

U.S. Court of Appeals for the Sixth Circuit Opinion (9/21/2021)

Kathi McKeown — Wed, 22 Sep 2021 13:43:04 GMT

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

Alex Wilcox Newest KDC Member!

Kathi McKeown — Sun, 19 Sep 2021 13:42:18 GMT

KDC is pleased to welcome its newest member!

Alexander William Wilcox of Ward, Hocker & Thornton PLLC, Lexington is a University of Northern Kentucky Chase College of Law graduate. Mr. Wilcox practices in the areas of Auto, Insurance, Tort & Trucking. He is sponsored by KDC Director, Ashley K. Brown.

KDC Welcomes Four New Members!

Kathi McKeown — Fri, 17 Sep 2021 18:37:05 GMT

KDC is pleased to welcomes its four newest members:

Jared Michael Hudson of Ward, Hocker & Thornton PLLC, Lexington is a University of Kentucky Law School graduate. Mr. Hudson practices in insurance defense work. He is sponsored by KDC Director, Ashley Brown.

Perry W. Oxley of Owsley Rich Sammons PLLC, Huntington, West Virginia is a graduate of the West Virginia University College of Law. Mr. Oxley practices in the areas of Insurance Coverage, Medical Malpractice, Product Liability and Tort. He is sponsored by KDC member, Samantha J. Fields.

David E. Rich of Owsley Rich Sammons PLLC, Huntington, West Virginia is a graduate of the Chase College of Law. Mr. Rich practices in the areas of Insurance Coverage, Medical Malpractice, Product Liability and Tort. He is sponsored by KDC member, Samantha J. Fields.

Lucien R. Sammons, III of Owsley Rich Sammons PLLC, Huntington, West Virginia is a graduate of The Capitol University School of Law. Mr. Oxley practices in the areas of Auto, Contract, General Liability, Legal Ethics, Medical Malpractice and Utilities. He is sponsored by KDC member, Samantha J. Fields.

New KDC Member!

Kathi McKeown — Wed, 08 Sep 2021 19:34:56 GMT

KDC is pleased to welcome its newest member:

Matthew Gore of Rolfes Henry LPA, New Albany, IN is a graduate of the West Virginia University College of Law. Mr. Gore practices in the areas of Auto, Bad Faith, Business Litigation, Contract, Insurance Coverage and Tort. He is a member of DRI and sponsored by KDC member, Neil Baine.

Caitlin Tubbesing and David Giesel Newest Members of KDC!

Kathi McKeown — Tue, 31 Aug 2021 17:08:53 GMT

KDC is pleased to welcome its two newest members:

David N. Giesel of Philips, Parker, Orberson & Arnett, Louisville, is a Wake Forest University School of Law graduate. Mr. Giesel practices in the areas of Employment, General Liability, Government Entity, Insurance Coverage, Medical Malpractice, Professional Liability, and Tort. He is sponsored by KDC Publications Chair, Noelle Haegele.

Caitlin McQueen Tubbesing of Freeman Mathis & Gary, Lexington is a University of Louisville Brandeis School of Law graduate. Ms. Tubbesing practices in the areas of Bad Faith, Business Litigation, Education, Employment, General Liability, Insurance Coverage, Premises Liability, Tort and Trucking. She is a member of DRI and sponsored by KDC YL Chair, Tia Combs.

KDC Welcomes Three New Members!

Kathi McKeown — Fri, 27 Aug 2021 18:16:24 GMT

KDC is pleased to welcome its three newest members:

William J. Barker II of Ward, Hocker & Thornton, PLLC, Lexington is a graduate of the University of Kentucky Law School. Mr. Barker practices in the areas of Insurance and Tort. He is sponsored by KDC Director, Ashley Brown.

Sarah Lawson Clark of Napier Gault Schupbach Stevens, PLC, Louisville is a graduate of the University of Kentucky Law School. Ms. Clark practices in the areas of General Liability, Medical Malpractice, and Premises Liability. She is sponsored by KDC Publication Committee Chair, Noelle Haegele.

James E. "Trey" Yeager of Porter, Banks, Baldwin & Shaw, Lexington is a University of Kentucky Law School graduate. Mr. Yeager practices in the areas of Auto, Insurance Coverage, Premises Liability and Tort. He is sponsored by KDC Past President, Darren Banks.

Darren Lamb join KDC!

Kathi McKeown — Sat, 21 Aug 2021 18:00:45 GMT

KDC is pleased to welcome its newest member!

Darren Craig Lamb of Goldberg Simpson, Prospect is a University of Louisville Brandeis School of Law graduate. Mr. Lamb practices in the areas of Business Litigation, Commercial, Construction, Contract, General Liability, Insurance Coverage, Professional Liability and Athlete Name, Image and Likeness (NIL). He is a member of DRI and is sponsored by KDC Social Chair, Jarad Key.

U.S. Court of Appeals, 6th Circuit Opinions (8/17/2021)

Kathi McKeown — Thu, 19 Aug 2021 14:46:15 GMT

Messer v. Commissioner of Social Security

Dockets: 20-5552, 20-5550, 20-5551

Opinion Date: August 16, 2021

Judge: Richard Allen Griffin

Areas of Law: Civil Procedure, Class Action

Attorney Conn represented Plaintiffs and thousands of others in seeking disability benefits from the Social Security Administration (SSA). Conn bribed doctors to certify false applications and bribed an ALJ to approve those applications. After Conn’s scheme was uncovered, SSA identified more than 1,700 approved applications that it believed might have been the product of fraud. SSA redetermined and denied Plaintiffs’ applications, Several class actions challenged the SSA’s redetermination procedures. The Martin case was dismissed without a class having been certified because the named plaintiffs failed to exhaust their administrative remedies. The Hughes case was stayed before a class was certified. In the meantime, the Sixth Circuit held that the SSA’s redetermination procedures violated due process. Plaintiffs had 60 days to seek judicial review of the SSA’s decision, 42 U.S.C. 405(g). Each waited more than two years. As absent Hughes class members, they relied on the Supreme Court’s “American Pipe” doctrine under which filing a class action pauses the deadlines for members to file related individual actions. Once the district court remanded Hughes, plaintiffs filed their civil actions. The district courts dismissed the suits as untimely. The Sixth Circuit reversed in part. American Pipe tolling continues after a district court denies a motion for class certification solely as a matter of docket management, without deciding that certification is unwarranted. The outright dismissal of an uncertified class action ends American Pipe tolling and restarts class members’ statute-of-limitations clocks.

Read Opinion

Ward v. National Patient Account Services Solutions, Inc.

Docket: 20-5902

Opinion Date: August 16, 2021

Judge: R[ansey] Guy Cole, Jr.

Areas of Law: Civil Procedure, Consumer Law

Ward received twice medical treatment at Stonecrest. Stonecrest hired NPAS, Inc. to collect Ward’s outstanding balances. NPAS first sent Ward a billing statement on October 3 related to his July hospital visit. The statement provided NPAS's full name and address at the top of the first page; the reverse side explained who it was. NPAS called Ward on October 24 and left a voice message: We are calling from NPAS on behalf of Stonecrest … Please return our call. On November 17, NPAS, sent a second billing statement. On December 27, NPAS left a second, identical, voice message. NPAS then returned his account to Stonecrest. Ward’s second account regarding his October hospital visit followed a similar process. On December 28, after retaining counsel, Ward sent a cease-and-desist letter to “NPAS Solutions, LLC,” an entity unrelated to NPAS, Inc. Ward stated at his deposition that NPAS, Inc.’s voice messages caused him to become confused as to which entity had called him. Ward filed suit under the Federal Debt Collection Practices Act, 15 U.S.C. 1692e(11) alleging NPAS failed, in its voice messages, to identify itself as a debt collector and failed to identify the “true name” of its business. The Sixth Circuit held that the case should be dismissed because Ward lacks Article III standing. Ward does not automatically have standing simply because Congress authorizes a plaintiff to sue for failing to comply with the Act. The procedural injuries Ward asserts do not bear a close relationship to traditional harms.

Read Opinion

KDC Welcomes Three New Members

Kathi McKeown — Mon, 09 Aug 2021 17:19:17 GMT

KDC is pleased to welcome its three newest members:

Emily Lamb of Blackburn Domene & Burchett, PLLC, Louisville is a graduate of University of Louisville Brandeis School of Law. Ms. Lamb practices in the areas of Employment, General Liability and Tort. She is sponsored by KDC member, Jennifer Kincaid Adams.

US Ct of Appeals, 6th Circuit Opinions (8/4/2021)

Kathi McKeown — Thu, 05 Aug 2021 17:05:32 GMT

Southard v. Newcomb Oil Co., LLC

Docket: 20-5318

Opinion Date: August 4, 2021

Judge: R[ansey] Guy Cole, Jr.

Areas of Law: Arbitration & Mediation, Labor & Employment Law

Southard worked for Newcomb, then filed a putative class action, alleging violations of the Fair Labor Standards Act, 29 U.S.C. 201, plus state-law claims. Newcomb removed the case to federal court. Southard amended his complaint to delete the FLSA claim. Newcomb moved to dismiss Southard’s complaint or to stay the action pending arbitration. The district court concluded that the parties did not form an agreement to arbitrate under the Federal Arbitration Act, 9 U.S.C. 3-4 and denied Newcomb’s motion, then remanded Southard’s remaining state-law claims to state court. The Sixth Circuit affirmed. To invoke FAA remedies, the parties must have entered into a “written agreement for arbitration.” Courts evaluate whether an agreement qualifies as FAA arbitration based on the common features of classic arbitration: a final, binding remedy by a third party, an independent adjudicator, substantive standards, and an opportunity for each side to present its case. Southard’s application for employment states: I accept that any complaint or conflict that cannot be resolved internally may be referred to Alternative Dispute Resolution unless prohibited by law, before any other legal action is taken. The employee handbook states the employee agrees "to Alternative Dispute Resolution a forum or means for resolving disputes, as arbitration or mediation, that exists outside the state or federal judicial system, unless prohibited by law," and If there is a conflict that cannot be resolved, "both agree that the matter will be referred to mediation.”. The parties agreed to alternative dispute resolution generally, not arbitration specifically.

Read Opinion

KDC Welcomes Two New Members!

Kathi McKeown — Fri, 23 Jul 2021 18:25:41 GMT

KDC is pleased to welcome its two newest members:

Cameron David Allen of Porter, Banks, Baldwin & Shaw, PLLC, Paintsville, is a graduate of the Appalachian School of Law. Mr. Allen practices in the are of Insurance. He is sponsored by KDC Director, Jonathan Shaw.

Zachary Holdon Damron of Ward, Hocker & Thornton, PLLC, Lexington, is a graduate of the University of Kentucky Law School. Mr. Damron practices in the areas of Insurance & Tort. He is sponsored by KDC member, John O. Hollon.

US Court of Appeals 6th Circuit Opinion (July 22, 2021)

Kathi McKeown — Fri, 23 Jul 2021 18:23:32 GMT

Himmelreich v. Federal Bureau of Prisons

Docket: 19-4146

Opinion Date: July 22, 2021

Judge: Karen Nelson Moore

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In 2008, another inmate, Macari, assaulted Himmelreich, who had pleaded guilty to producing child pornography, Himmelreich alleges that Macari was placed in the general population despite making comments about targeting “pedophiles.” Himmelreich filed a Tort Claim Notice with the Federal Bureau of Prisons. Himmelreich alleges that Captain Fitzgerald warned him not to complain and threatened to have him transferred. Prison officials subsequently placed Himmelreich in the special housing unit (SHU). Himmelreich claims that Fitzgerald told him it was because of the Tort Claim. Prison officials claim they placed Himmelreich in the SHU for his own protection after he complained of threats from other inmates. Himmelreich’s subsequent lawsuits alleged numerous claims against prison officials, including a “Bivens” claim for retaliation in violation of the First Amendment based on Fitzgerald’s alleged threats and statements. Fitzgerald unsuccessfully moved for summary judgment only on the ground that there is no Bivens remedy for a First Amendment retaliation claim. The Sixth Circuit dismissed Fitzgerald’s appeal for lack of jurisdiction because her appeal concerns neither a final order nor a non-final order entitled to review under the collateral order doctrine.

Read Opinion

U.S. Court of Appeals for th 6th Circuit Opinions (07/21/2021)

Kathi McKeown — Thu, 22 Jul 2021 19:19:32 GMT

US Court of Appeals for the Sixth Circuit Opinions

Rowland v. Southern Health Partners, Inc

Docket: 20-5944

Opinion Date: July 21, 2021

Judge: John M. Rogers

Areas of Law: Civil Procedure

Rowland brought claims arising from injuries she sustained while incarcerated. The district court entered partial summary judgment in favor of the defendants on Rowland’s 42 U.S.C. 1983 and punitive damages claims. After that judgment, by agreement of the parties, the court entered an order dismissing Rowland’s remaining state-law negligence claims without prejudice, so that Rowland could pursue an appeal on her federal claims. Civil Rule 54(b) permits a district court to enter final judgment “as to one or more, but fewer than all, claims or parties” when it determines, using a multi-factor analysis, that “there is no just reason for delay.” The Seventh Circuit concluded that it lacked jurisdiction over the appeal because the voluntary dismissal of Rowland’s remaining state-law claims did not create an appealable final order under 28 U.S.C. 1291, A litigant cannot circumvent the requirements of Rule 54(b) by the expedient of voluntarily dismissing her surviving claims in order to seek immediate appellate review of an adverse judgment on her resolved claims, with the intention of reinstating the dismissed claims should she obtain a favorable outcome on appeal. Such a dismissal does not create a final order under 28 U.S.C. 1291.

Read Opinion

US Court of Appeals for the 6th Circuit Opinions (07/19/2021)

Kathi McKeown — Tue, 20 Jul 2021 18:23:43 GMT

United States v. Pioch

Docket: 19-3919

Opinion Date: July 19, 2021

Judge: Karen Nelson Moore

Areas of Law: Criminal Law, Government & Administrative Law

Pioch and co-defendants were convicted based on their scheme to defraud the multimillion-dollar estate of an elderly widower. Pioch was sentenced to 111 months’ imprisonment with a special assessment of $3,700 and restitution of $2,037,783.30. Pioch shares joint-and-several liability with her co-defendants for $1,990,342.76 of the restitution to McLaughlin (victim’s son), under the Mandatory Victims Restitution Act of 1996, 18 U.S.C. 3664(i)). Pioch personally owes the remaining $47,440.54 to the IRS, so she is liable for a total of $2,041,483.30 for the assessment and restitution. The government sought garnishment and, invoking the Federal Debt Collection Procedures Act (FDCPA), 28 U.S.C. 3011(a)), requested a 10% surcharge, $204,148.33. The district court granted the garnishment and surcharge requests. The Sixth Circuit remanded, rejecting Pioch's argument that the surcharge should be calculated based on the “debt” that the government “actually recover[s] through enforcement of a collection remedy” (10% of the $367,681.48 subject to garnishment) and not the total debt resulting from her crimes (10% of the $2,041,483.30 judgment). When the government initiates an FDCPA action to recover debt owed to the United States, the government is entitled to recover a 10% surcharge on the entire outstanding debt; the debt must be paid off before the United States may collect the surcharge, which is added to, not subtracted from, the judgment.

Read Opinion

Newest KDC Member!

Kathi McKeown — Mon, 19 Jul 2021 19:58:21 GMT

KDC is pleased to welcome its newest Member, Roxanne Edling of Baptist Healthcare Systems, Inc., Louisville.

US Court of Appeals for Sixth Circuit Opinions (07/12/2021)

Kathi McKeown — Mon, 19 Jul 2021 14:53:35 GMT

Alliance WOR Properties, LLC v. Illinois Methane, LLC

Docket: 20-5396

Opinion Date: July 12, 2021

Judge: Larsen

Areas of Law: Bankruptcy, Civil Procedure, Real Estate & Property Law

In 1998, Old Ben Coal Company conveyed its rights to the methane gas in various coal reserves to Illinois Methane. A “Delay Rental Obligation” required the owner of the coal estate to pay Methane rent while it mined coal in areas that Methane had not yet exploited. A deed, including the Delay Rental Obligation was recorded. A few years later, Old Ben filed for bankruptcy and purported to sell its coal interests “free and clear of any and all Encumbrances” to Alliance. Old Ben did not notify Methane before the bankruptcy sale but merely circulated notice by publication in several newspapers. Alliance later sought a permit to mine coal. Methane eventually sought to collect rent in Illinois state court. Alliance argued that Old Ben’s “free and clear” sale had extinguished Methane’s interest. The bankruptcy court held that Alliance was not entitled to an injunction. The district court and Sixth Circuit affirmed. The deed indicates that the Delay Rental Obligation runs with the land and binds successors; it “is not simply a personal financial obligation between” Old Ben and Methane. The covenant directly affects the value of the coal and methane estates. Methane was a known party with a known, present, and vested interest in real property, entitled to more than publication notice.

Read Opinion

U.S. Court of Appeals for the Sixth Circuit opinions (7/15/2021)

Kathi McKeown — Mon, 19 Jul 2021 14:47:13 GMT

Taylor v. Buchanan

Docket: 20-2002

Opinion Date: July 15, 2021

Judge: Karen Nelson Moore

Areas of Law: Civil Rights, Constitutional Law, Legal Ethics

Michigan attorneys, like those in most other states, must join an integrated bar association in order to practice law. Taylor, a Michigan attorney, argued that requiring her to join the State Bar of Michigan violates her freedom of association and that the State Bar’s use of part of her mandatory membership dues for advocacy activities violates her freedom of speech. The Seventh Circuit affirmed the rejection of Taylor’s First Amendment claims as foreclosed by two Supreme Court decisions that have not been overruled: Lathrop v. Donohue (1961) Keller v. State Bar of California (1990). The court rejected Taylor's argument that Lathrop and Keller no longer control because of the 2018 decision in Janus v. American Federation of State, County, and Municipal Employees where the Court held that First Amendment challenges to similar union laws are to be analyzed under at least the heightened “exacting scrutiny” standard Even where intervening Supreme Court decisions have undermined the reasoning of an earlier decision, courts must continue to follow the earlier case if it “directly controls” until the Court has overruled it.

Read Opinion

Meredith Cave Newest KDC Member!

Kathi McKeown — Mon, 19 Jul 2021 14:40:14 GMT

KDC is pleased to welcome its newest member.

Meredith Cave of Kinkead & Stilz, PLLC, Lexington is a graduate of the University of Kentucky College of Law. Ms. Cave practices in the areas of Business Litigation, Civil Rights, Commercial, Construction, Contract, Insurance, Medical Malpractice, Professional Liability, Property, Real Estate Transaction Liability and Professional Liability. She is sponsored by KDC member, Melanie Sublett Marrs.

US Court of Appeals for the Sixth Circuit Opinions (July 6, 2021)

Kathi McKeown — Thu, 08 Jul 2021 13:13:54 GMT

In re: Hall

Docket: 21-2655

Opinion Date: July 6, 2021

Judge: Per Curiam

Areas of Law: Civil Procedure, Class Action

Objectors to a class action settlement in the Flint Water Cases sought to compel the district court to cease holding off-the-record substantive ex parte meetings that exclude objectors’ counsel; to order the participants at certain conferences to recount for the record their recollection of what transpired at those conferences; to order settling parties to identify any other substantive unrecorded conferences since February 26, 2021; and to refrain from continuing to prescribe or dictate the litigation strategy of the parties in advocating for the settlement. The Sixth Circuit denied the petition. Despite the seriousness of their allegations, petitioners must show that mandamus is the appropriate remedy. The district court has not approved the settlement; their objections remain pending. If the court overrules their objections, and if the petitioners believe this decision was because of some impropriety, they can bring a direct appeal. Petitioners have not shown a clear and indisputable right to the relief they seek. Requiring district courts to invite unnamed class members and individual attorneys to every proceeding risks the efficiency interests that class actions are meant to promote. District courts appoint interim lead and liaison counsel to represent the class’s interests in pre-judgment proceedings. The court’s order indicates that it is aware of its ethical obligations and plans to hear from objectors during the fairness hearing.

Read Opinion

Copen v. United States

Docket: 20-3136

Opinion Date: July 6, 2021

Judge: Jane Branstetter Stranch

Areas of Law: Civil Procedure, Government & Administrative Law, Personal Injury

Paul was driving his daughter Kelly’s vehicle when it was struck by a United States Postal Service (USPS) vehicle. Kelly was a passenger. Days later, Kelly filed her SF 95, for a claim under Federal Tort Claims Act (FTCA), 28 U.S.C. 2671–80. Use of the form is not required to present an FTCA claim. Kelly listed herself as the claimant, noted Paul’s involvement, and indicated that the extent of their injuries was unknown. Kelly alone signed the form and provided only her contact information. The form requests a total amount of damages and states: “[f]ailure to specify may cause forfeiture of your rights.” Kelly wrote: “I do not have ... a total on medical.” Kelly sent USPS the final car repair bill, which USPS paid. Later, USPS received a representation letter from counsel for Kelly that did not mention Paul. USPS responded, stating: “A claim must be for a specific dollar amount.” USPS states that it did not receive any further information concerning the amount of personal injury damages. Paul and Kelly filed suit, seeking $25,000 in personal injury damages. The district court dismissed for lack of jurisdiction. The Sixth Circuit remanded. While the sum certain requirement in the FTCA is not jurisdictional, Kelly never provided a sum certain so, her personal injury claim is not cognizable. The agency had adequate notice of Paul’s claim but he also failed to satisfy the statutory “sum certain” requirement.

Read Opinion

U.S. Court of Appeals for the Sixth Circuit Opinions (07/02/2021)

Kathi McKeown — Sat, 03 Jul 2021 18:27:15 GMT

Adamo Demolition Co. v. International Union of Operating Engineers

Docket: 20-1163

Opinion Date: July 2, 2021

Judge: Jane Branstetter Stranch

Areas of Law: Business Law, Labor & Employment Law

Adamo filed several tort claims, alleging that it requested the Union to provide 47 operators for a demolition job, indicating that the project was time-sensitive and that the Union willfully refused to provide Adamo contact information for proposed workers, refused to give reasonable assurances that operators were experienced, trained and qualified, and refused to fulfill Adamo’s request to verify their qualifications. Adamo alleged that the Union sent unqualified workers, who created unsafe working conditions and caused damage for which Adamo was liable. Adamo partially staffed the project with its own workers; the Union allegedly ordered these workers to stop work and used “intimidation” to displace the experienced workers with unqualified workers. As a result of the Union’s interference, Adamo claims it breached its contractual obligations. Adamo also contends that the Union and its president have been “intentionally and maliciously" made "unprivileged, injurious, false and defamatory statements concerning Adamo,” which are affecting Adamo’s good reputation in the community. The district court concluded that section 301 of the Labor Management Relations Act, 29 U.S.C. 185, preempted all Adamo’s claims and dismissed them. The Sixth Circuit affirmed. Whether the defendants’ conduct was justified or improper is inextricably intertwined with and dependent upon the terms of the collective bargaining agreement. The only allegedly defamatory statements were published in the context of a labor dispute, and required a showing of actual malice; the falsity of those statements defends on the terms of the agreement.

Read Opinion

US Court of Appeals for Sixth Circuit Opinions (06/28/2021)

Kathi McKeown — Thu, 01 Jul 2021 20:12:00 GMT

US Court of Appeals for the Sixth Circuit Opinions

Ingram Barge Co., LLC v. Zen-Noh Grain Corp.

Docket: 20-5514

Opinion Date: June 28, 2021

Judge: Siler

Areas of Law: Admiralty & Maritime Law, Business Law, Commercial Law, Contracts, Transportation Law

Zen-Noh purchased grain shipments. Sellers were required to prepay barge freight and deliver the product to Zen-Noh’s terminal but were not required to use any specific delivery company. Ingram, a carrier, issued the sellers negotiable bills of lading, defining the relationships of the consignor (company arranging shipment), the consignee (to receive delivery), and the carrier. Printed on each bill was an agreement to "Terms” and a link to the Terms on Ingram’s website. Those Terms purport to bind any entity that has an ownership interest in the goods and included a forum selection provision selecting the Middle District of Tennessee. Ingram updated its Terms and alleges that it notified Zen-Noh through an email to CGB, which it believed was “closely connected with Zen-Noh,” often acting on Zen-Noh's behalf in dealings related to grain transportation. Weeks after the email, Zen-Noh sent Ingram an email complaining about invoices for which it did not believe it was liable. Ingram replied with a link to the Terms. Zen-Noh answered that it was “not party to the barge affreightment contract as received in your previous email.” The grains had been received by Zen-Noh, which has paid Ingram penalties related to delayed loading or unloading but has declined to pay Ingram's expenses involving 'fleeting,’ 'wharfage,’ and 'shifting.’” Ingram filed suit in the Middle District of Tennessee. The Sixth Circuit affirmed the dismissal of the suit. Zen-Noh was neither a party to nor consented to Ingram’s contract and is not bound to the contract’s forum selection clause; the district court did not have jurisdiction over Zen-Noh.

Read Opinion

Check It Out!!

Kathi McKeown — Thu, 01 Jul 2021 19:48:07 GMT

If you turn to page 30 of the June 2021 issue of DRI's publication, For the Defense, you'll find Social Media, Students, and SCOTUS, an article co-authored by KDC Past President, Claire Parsons and KDC member, Olivia Amlung. Thank you, Ashley & Olivia, for making Kentucky look good!

Not a member of DRI? It's a great way to connect with people around the world. Contact Beth Lochmiller at blochmiller@clblaw.com or Ashley Brown at abrown@whtlaw.com to learn more.

Change of Address for Lawyers Mutual

Kathi McKeown — Thu, 01 Jul 2021 16:47:23 GMT

Change of venue

Effective July 1, 2021, Lawyers Mutual
has a new address.

New address, same
steadfast service.

Lawyers Mutual of Kentucky

10503 Timberwood Circle • Suite 213

Louisville, KY 40223

502-568-6100

502-568-6103 fax

lmick.com

FOLLOW US ON
Facebook • Instagram • LinkedIn • Twitter

KDC Welcomes Robert May

Kathi McKeown — Tue, 29 Jun 2021 19:29:51 GMT

KDC is pleased to welcome its newest member.

Robert May of Kinkead & Stilz, Lexington, is a graduate of the University of Louisville Brandeis School of Law. Mr. May practices in the area of Medical Malpractice. He is sponsored by KDC member, Melanie Sublett Marrs.

KDC Welcomes Three New Members

Kathi McKeown — Mon, 28 Jun 2021 14:05:14 GMT

KDC is pleased to welcome the following new members:

Ellen Black of Kinkead & Stilz, Lexington, is a University of Kentucky Law School graduate. Ms. Black practices in the areas of Commercial Litigation, Civil Rights Litigation and Employment Litigation. She is sponsored by KDC member, Melanie Sublett Marrs.

Colton Givens of Kerrick Bachert PSC, Bowling Green, is a University of Kentucky Law School graduate. Mr. Givens practices in the areas of Commercial, Construction, Contract, General Liability, Insurance Coverage, Premises Liability, and Property. He is sponsored by KDC member Thomas Kerrick.

F. Walter ("Franklin") Milam of Bell, Orr, Ayers & Moore, P.S.C., Bowling Green, is a University of Kentucky Law School graduate. Mr. Milam practices in the areas of Agriculture, Appellate, Auto, Bad Faith, Business Litigation, Commercial, Construction, Contract, Education, Employment, General Liability, Government Entity, Insurance Coverage, Municipal, Premises and Product Liability, Property, Real Estate Transaction Liability, Tort and Trucking. He is sponsored by KDC President Paul T. Lawless.

US Court of Appeals for Sixth Circuit Opinions (06/25/2021)

Kathi McKeown — Mon, 28 Jun 2021 13:54:16 GMT

Ciccio v. SmileDirectClub, LLC

Docket: 20-5833

Opinion Date: June 25, 2021

Judge: McKEAGUE

Areas of Law: Arbitration & Mediation

SmileDirect sells orthodontic implements online as an alternative to traditional orthodontists. Plaintiffs sued SmileDirect, alleging false advertising. SmileDirect and its customers had an arbitration agreement that excepted claims within the jurisdiction of Small Claims Court. The district court concluded that whether the claims fell within that exception was a gateway question of arbitrability and that the parties agreed to arbitrate such gateway questions. The consumer plaintiffs voluntarily dismissed their claims. One consumer plaintiff, Johnson filed a demand for class-wide arbitration with the American Arbitration Association (AAA). An AAA administrator stated that AAA’s Healthcare Due Process Protocol and Healthcare Policy Statement applied, which require healthcare providers and their patients to sign an arbitration agreement after a dispute arises in certain cases unless a court order has compelled arbitration. Johnson declined to sign the post-dispute agreement and moved to rejoin this case. The district court held that Johnson satisfied his obligations under the arbitration agreement, concluding that the arbitration agreement did not cover the dispute. The Sixth Circuit reversed. Whether an arbitration agreement covers a dispute is a gateway question of arbitrability, and here the parties delegated such questions to an arbitrator. Under the agreement and the incorporated AAA rules, it was improper for an administrator to effectively answer that gateway question or to overlook it altogether by binding the parties to AAA’s views of sound policy.

Read Opinion

Perez v. Sturgis Public Schools

Docket: 20-1076

Opinion Date: June 25, 2021

Judge: Thapar

Areas of Law: Civil Procedure, Education Law

When Perez (now 23) was nine, he emigrated from Mexico and started school in the Sturgis. Perez is deaf; the school assigned him a classroom aide who was not trained to work with deaf students and did not know sign language. Perez nonetheless appeared to progress academically. He was on the Honor Roll every semester. Months before graduation, the school informed the family that Perez did not qualify for a diploma—he was eligible for only a “certificate of completion.” Perez filed a complaint with the Michigan Department of Education, citing the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1412, the Americans with Disabilities Act (ADA), the Rehabilitation Act, and Michigan disabilities laws. The ALJ dismissed the ADA and Rehabilitation Act claims for lack of jurisdiction. Before a hearing on the IDEA claim, the parties settled. The school agreed to pay for Perez to attend the Michigan School for the Deaf, for any “post-secondary compensatory education,” for sign language instruction, and for the family’s attorney’s fees. Months later, Perez sued Sturgis Public Schools, with one ADA claim and one claim under Michigan law, alleging that the school discriminated against him by not providing the resources necessary for him to fully participate in class. The Sixth Circuit affirmed the dismissal of the claims. Under the IDEA, the decision to settle means that Perez is barred from bringing a similar case against the school in court—even under a different federal law.

Read Opinion

Barger v. United Brotherhood of Carpenters & Joiners of America

Docket: 19-3852

Opinion Date: June 25, 2021

Judge: Batchelder

Areas of Law: Labor & Employment Law

Local 2, representing carpenters and workers in related industries, is a local affiliate of IKORCC, which is an affiliated regional union of UBC. Barger has been a Local 2 member of Local 2. In 2007-2015, he worked intermittently as a carpenter for SPI, whose client owned and operated the Zimmer Power Station. Barger worked at Zimmer in 2014-2015. After being laid off, Barger called Zimmer’s Maintenance Manager, Lind, asking for a job. When Lind rejected Barger’s request, Barger responded that “[SPI is] stealing money from you” by falsifying hours. Barger told Meier, an IKORCC business agent, that he had told Lind about SPI’s overbilling. Barger said that it was worth the harm to other union members “to get even with” SPI. Meier filed a charge with IKORCC against Barger for violating the UBC Constitution by “Causing Dissension,” and failing to use “every honorable means to procure employment for Brother and Sister Members.” IKORCC fined Barger $5,000; UBC vacated the fine. Meanwhile, ESS hired Barger as an independent contractor. ESS assigned Barger to work at Zimmer. When he arrived, he was denied entry. ESS subsequently stopped offering him assignments. Barger sued, alleging violations of his free speech rights under the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. 411(a)(2). The district court granted the defendants summary judgment. The Sixth Circuit reversed in part. Barger’s speech is protected by LMRDA section 101(a)(2) under the form-content-context test; the content of Barger’s speech was of union concern. The defendants had not raised the right of a union to adapt and enforce reasonable rules.

Read Opinion

Kentucky Supreme Court Opinions (6/21/2021)

Kathi McKeown — Mon, 21 Jun 2021 19:27:26 GMT

Kentucky Supreme Court Opinions

Kentucky Retirement Systems v. Jefferson County Sheriff's Office

Docket: 2019-SC-0476-TG

Opinion Date: June 17, 2021

Judge: John D. Minton, Jr.

Areas of Law: Government & Administrative Law, Labor & Employment Law

In this administrative appeal brought by the Kentucky Retirement Systems from the decision of the circuit court in two consolidated cases concerning application of Ky. Rev. Stat. 61.598 the Supreme Court held that the Retirement Systems improperly applied the statute to pay spikes to a certain extent. Section 61-598, commonly known as the pension spiking statute, identifies artificial increases in creditable compensation to public pension-member employees occurring in the last five years preceding retirement, effectively increasing the employee's retirement benefits. In both cases, the alleged spikes were partly due to a change in the Jefferson County Sheriff's office (JCSO) accounting method and partly due to the employees' accrual of overtime hours. The Retirement Systems assessed JCSO for payment increased actuarial costs attributable to the alleged pension spikes. The circuit court reversed. The Supreme Court affirmed in part and reversed in part, holding (1) an isolated transition in JCSO's new accounting method did not amount to an increase in compensation; (2) the Retirement Systems properly assessed the increased actuarial costs to the extent it was caused by regular overtime work and was not the result of a bona fide promotion or career advancement; and (3) the circuit court erred in reversing the Retirement System's original assignment of the burden of proving a bona fide promotion.

Read Opinion

KY Supreme Court Opinion (06/17/21)(Part 2)

Kathi McKeown — Mon, 21 Jun 2021 19:16:24 GMT

Mosley v. Arch Specialty Insurance Co.

Docket: 2018-SC-0586-DG

Opinion Date: June 17, 2021

Judge: John D. Minton, Jr.

Areas of Law: Insurance Law, Personal Injury

The Supreme Court affirmed the judgment of the court of appeals affirming the trial court's dismissal of this third-party bad-faith case against Arch Specialty Insurance Company and National Union Fire Insurance Company, holding that there was no error. At issue was whether the two insurance companies acted in bad faith while mediating negligence and wrongful death claims asserted by Plaintiff against the insureds of Arch and National Union after her husband died in a coal mining accident. The Supreme Court affirmed, holding that the trial court did not err in dismissing the third-party bad-faith claims and that there was no other error in the proceedings below.

Read Opinion

United States Liability Insurance Co. v. Watson

Docket: 2019-SC-0475-DG

Opinion Date: June 17, 2021

Judge: Hughes

Areas of Law: Insurance Law, Personal Injury

The Supreme Court reversed the opinion of the court of appeals reversing the decision of the circuit court granting summary judgment in favor of Defendant pursuant to Kentucky's Unfair Claims Settlement Practices Act (UCSPA) and dismissing Plaintiff's bad faith claim as barred by the statute of limitations, holding that the complaint was untimely. Plaintiff was injured in a motor vehicle accident and settled his dram shop liability claim against Pure Country, LLC, an establishment insured by United States Liability Insurance Company (USLI). Several years after settling, Plaintiff brought a bad faith claim against USLI under the UCSPA. The circuit court concluded that the action was untimely and granted summary judgment for Defendant. The court of appeals reversed. The Supreme Court reversed, holding (1) the trial court correctly determined that the bad faith claim against USLI was barred by the statute of limitations; and (2) the USCPA claim was not saved by relation back to an earlier filed or proposed pleading.

Read Opinion

Johnson v. Honorable Stockton Wood

Docket: 2020-SC-0588-MR

Opinion Date: June 17, 2021

Judge: Michelle M. Keller

Areas of Law: Medical Malpractice, Personal Injury

The Supreme Court affirmed the judgment of the court of appeals denying Plaintiff's petition for a writ of mandamus to direct Judge Stockton Wood of the Fleming Circuit Court to issue various orders in her favor, holding that a writ of mandamus was inappropriate. Plaintiff filed a third amended complaint against radiologists and health care providers alleging medical negligence, spoliation, abuse of process, obstruction of justice, and other claims. During a two-month period the trial court entered fourteen separate orders. Plaintiff sought a writ of mandamus directing the court to issue orders in her favor. The court of appeals denied the petition for a writ of mandamus. The Supreme Court affirmed, holding that an adequate remedy by appeal existed for each of the errors Plaintiff alleged.

Read Opinion

Jewish Hospital v. Honorable Mitch Perry

Docket: 2020-SC-0011-MR

Opinion Date: June 17, 2021

Judge: Lambert

Areas of Law: Medical Malpractice

The Supreme Court vacated the order of the circuit court denying Appellant's petition for a writ prohibiting the Jefferson Circuit Court from enforcing its order allowing the use of a root-cause analysis report (RCA) at trial for impeachment purposes, holding that the RCA was privileged. At issue on appeal was whether Ky. Rev. Stat. 311.377, as amended, protected the RCA from being admitted at trial. The trial court concluded that the RCA could be used at trial for the purpose of impeachment. Appellant sought a writ of prohibition, but the court of appeals denied the petition. The Supreme Court reversed and granted a writ prohibiting the circuit court from enforcing its order permitting the admission of the privileged material for impeachment purposes, holding that where this case concerned the potential violation of an applicable privilege, the certain special cases exception was met.

Read Opinion

Thomas v. State Farm Fire & Casualty Co.

Docket: 2020-SC-0061-DG

Opinion Date: June 17, 2021

Judge: Vanmeter

Areas of Law: Personal Injury

The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court granting summary judgment in favor of State Farm Fire and Casualty Insurance Company in the underlying personal injury case, holding that there was no error. Bessie Perkins began caring for the children of Donald and Julie Thomas and Jeffrey and Elizabeth Renner in the summer of 2015. That fall, the Renner child was diagnosed with shaken baby syndrome. Thereafter, the Thomas child was diagnosed with two leg fractures. The parents brought a negligence action against Bessie and Jerry Perkins. State Farm, as the Perkinses' insurer, filed an intervening complaint arguing that the Perkinses' behavior implicated the "child care services exclusion," relieving State Farm of liability. The circuit court entered a declaratory judgment in favor of State Farm as to both sets of plaintiffs, finding that the child care services exclusion applied. The Supreme Court affirmed, holding that the policy was unambiguous and reasonable.

Read Opinion

Phillips v. Rosquist

Docket: 2018-SC-0671-DG

Opinion Date: June 17, 2021

Judge: John D. Minton, Jr.

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the decision of the court of appeals reversing the trial court's mandatory injunction in this property dispute, holding equitable relief was not available under the circumstances of this case. Plaintiffs, the owners of a residential subdivision lot - Lot 89 - sued Defendants, the owners of an adjoining subdivision lot, claiming trespass and recovery of land adversely held. Years before Plaintiffs owned Lot 89, Defendant excavated a portion of his lot and Lot 89 to allow water from a lake abutting both properties to cover a portion of both lots. Plaintiffs claimed that the action constituted a trespassory occupation of Lot 89. The trial court granted Plaintiffs a mandatory injunction and directed Defendants to backfill Lot 89. The court of appeals vacated the judgment, finding that this action was barred by the relevant statute of limitations. The Supreme Court affirmed on different grounds, holding (1) Plaintiffs never received title to the submerged portion of Lot 89, and therefore could not maintain a claim for trespass, for removal from land or recovery of land adversely held, or to quiet title; and (2) equitable relief was unavailable under the circumstances.

Read Opinion

Kentucky Supreme Court Opinions (06/17/21)

Kathi McKeown — Mon, 21 Jun 2021 19:05:26 GMT

Commonwealth v. Hess

Dockets: 2019-SC-0130-DG, 2019-SC-0208-DG

Opinion Date: June 17, 2021

Judge: Michelle M. Keller

Areas of Law: Civil Procedure, Personal Injury

The Supreme Court vacated the judgment of the court of appeals vacating the order of the trial court denying Ford Motor Company's motion for summary judgment, holding that neither the court of appeals nor this Court had appellate jurisdiction of this unauthorized interlocutory appeal. Plaintiff sued Ford and multiple other defendants, alleging that Ford was one of the parties responsible for causing his malignant mesothelioma. Just over two years after the suit was filed, Ford moved for summary judgment. The trial court denied the motion in a one-sentence handwritten order that contained no analysis or reasoning. The merits panel of the court of appeals vacated the trial court's order and remanded for the trial court to enter another order with a basis for its determination. The Supreme Court vacated the judgment below and remanded to the trial court for further proceedings, holding that the interlocutory order in this case did not meet the requirements of the collateral order doctrine, and therefore, the court of appeals and this Court lacked jurisdiction to hear the appeal.

Read Opinion

Louisville/Jefferson County Metro Government v. Honorable Olu A. Stevens

Docket: 2020-SC-0091-MR

Opinion Date: June 17, 2021

Judge: Per Curiam

Areas of Law: Civil Procedure

The Supreme Court granted motions to dismiss this appeal from the court of appeals' denial of a petition for a writ of mandamus directing Jefferson Circuit Court Judge Olu A. Stevens to rule on a summary judgment motion, holding that the appeal must be dismissed as moot. During the pendency of this appeal, Judge Stevens issued an order granting summary judgment to Louisville Metro Government (LMG) and dismissing with prejudice all claims against it on the grounds of sovereign immunity. The judge rejected the claim of governmental immunity asserted by the other defendant, Parking Authority of River City, Inc. (PARC), based on multiple issues of material fact leading to the denial of its request for summary judgment. PARC, however, was cleared to seek an immediate interlocutory appeal. The Supreme Court dismissed the appeal at hand, holding that because the request for a ruling on the summary judgment motion was issued, the need for a writ of mandamus no longer existed.

Read Opinion

Jefferson County Sheriff's Office v. Kentucky Retirement Systems

Docket: 2019-SC-0315-DG

Opinion Date: June 17, 2021

Judge: John D. Minton, Jr.

Areas of Law: Government & Administrative Law, Labor & Employment Law

The Supreme Court reversed the judgment of the trial court upholding that decision of the Retirement Systems's Administrative Review Board affirming the decision of the Kentucky Retirement Systems applying the Ky. Rev. Stat. 61.598, the pension-spiking statute, to assess actuarial costs to the Jefferson County Sheriff's Office (JCSO), holding that the Retirement Systems did not properly apply the spiking statute in this case. The Kentucky Retirement Systems assessed the costs because it found a JCSO employee took unpaid leave for two months, causing a temporary decrease in gross compensation in that year, but then returned to his earlier pay. The circuit court agreement with the Retirement Systems, finding that section 61.598 as applied was not arbitrary, and therefore, the circuit court was bound by the Board's decision. The Supreme Court reversed, holding (1) the plain language of section 61.598 does not direct the retirement System to determine changes in compensation over a five-year period; and (2) the burden of proving a bona fide promotion was properly placed on the employer.

Read Opinion

Davis v. Blendex Co.

Docket: 2020-SC-0171-WC

Opinion Date: June 17, 2021

Judge: Lambert

Areas of Law: Insurance Law, Labor & Employment Law, Personal Injury

The Supreme Court affirmed the decision of the court of appeals affirming the holding of the Workers' Compensation Board that the Administrative Law Judge properly found that Plaintiff's claim for workers' compensation benefits was barred by the applicable statute of limitations, holding that there was no error. Plaintiff received a workplace injury and filed a claim for benefits. Plaintiff never sought or received any temporary total disability benefits prior to the applicable statute of limitations expiring. The insurance adjuster for the employer's workers' compensation insurance carrier offered to settle Plaintiff's claim, but the parties never reached a settlement agreement. Plaintiff later filed an application for resolution of his claim, but the employer denied the claim on the grounds that it was time barred. The ALJ found that the claim was not timely under Ky. Rev. Stat. 342.185. The Board affirmed. The Supreme Court affirmed, holding that the ALJ properly determined that equitable principles did not warrant the tolling of the statute of limitations.

Read Opinion

Davis v. Progressive Direct Insurance Co.

Docket: 2020-SC-0168-DG

Opinion Date: June 17, 2021

Judge: Vanmeter

Areas of Law: Insurance Law, Personal Injury

The Supreme Court affirmed the ruling of the court of appeals excluding from the definition of a "motor vehicle" or "trailer" a horse-drawn wagon for insurance coverage purposes, holding that the insurance policy was unambiguous and did not violate Plaintiff's reasonable expectations when she purchased her motorcycle coverage. While driving her motorcycle, Plaintiff encountered a horse-drawn buggy. The horse became spooked and jumped into oncoming traffic, gravely injuring Plaintiff when she collided with the horse. Plaintiff's motorcycle was insured by Progressive, and neither the driver of the buggy nor his father carried any form of insurance. Progressive denied Plaintiff's claim under the uninsured motorist provision of her motorcycle coverage on the grounds that a horse-drawn wagon was not covered under the policy. The circuit court granted Progressive's motion for summary judgment. The court of appeals affirmed, concluding that the horse-drawn wagon did not qualify as a "motor vehicle" or "trailer of any type" under the policy terms. The Supreme Court affirmed, holding that Plaintiff's assertions on appeal were unsupported.

Read Opinion

KySCt Opinion 311.377(2)

Kathi McKeown — Thu, 17 Jun 2021 21:20:36 GMT

Today, the Kentucky Supreme Court held a hospital’s root-cause analysis was privileged under KRS 311.377(2). This is the first opinion outlining the scope of KRS 311.377.

2020-SC-0011-mr.pdf

US Court of Appeals for Sixth Circuit Opinion (June 11)

Kathi McKeown — Fri, 11 Jun 2021 13:17:07 GMT

Benalcazar v. Genoa Township

Dockets: 20-4044, 20-3995

Opinion Date: June 10, 2021

Judge: Jeffrey S. Sutton

Areas of Law: Civil Procedure, Real Estate & Property Law, Zoning, Planning & Land Use

The Benalcazars purchased 43 acres in Genoa Township in 2001. The property sits at the northern end of the Township’s more developed areas and abuts the Hoover Reservoir. The parcel was zoned as Rural Residential; development would have required separate septic systems, clear-cutting, and multiple driveways. In 2018, the Benalcazars obtained rezoning of the property to a Planned Residential District, which permits higher density development. Township residents approved a referendum that prevented the amendment from taking effect, O.R.C. 519.12(H). The Benalcazars sued. In a settlement, the Township agreed to change the zoning designation; the Benalcazars agreed to reduce the proposed development from 64 homes to 56 homes, to provide more open space, and to increase the width of some lots. O.R.C. 505.07 provides “Notwithstanding . . . any vote of the electors on a petition for zoning referendum … a township may settle any court action by a consent decree or court-approved settlement agreement which may include an agreement to rezone.” The district court permitted objectors to intervene, dismissed the Benalcazars’ due process claims, but ruled that the Benalcazars stated a plausible equal protection claim, and approved the consent decree. The Sixth Circuit affirmed. The Benalcazars’ due process and equal protection claims are not “frivolous” but “arguable.” The district court had subject-matter jurisdiction and had the authority to approve a settlement. No other merits inquiry was required.

Read Opinion

U.S. Court of Appeals for the 6th Circuit (June 9)

Kathi McKeown — Wed, 09 Jun 2021 13:19:03 GMT

River City Fraternal Order of Police v. Kentucky Retirement Systems

Dockets: 20-5778, 20-5773

Opinion Date: June 8, 2021

Judge: Jeffrey S. Sutton

Areas of Law: Health Law, Insurance Law, Labor & Employment Law, Public Benefits

The plaintiffs retired from the Louisville Metropolitan police department and received free health insurance, administered by Kentucky Retirement Systems. Kentucky initially paid all of their healthcare costs. After the officers turned 65, Medicare became the primary payer, leaving Kentucky to cover secondary expenses. Each officer came out of retirement, joining county agencies different from the ones they served before retiring. They became eligible for healthcare benefits in their new positions. Kentucky notified them that federal law “mandate[d]” that it “cannot offer coverage secondary to Medicare” for retirees “eligible to be on [their] employer’s group health plan” as “active employees.” Some of the officers then paid for insurance through their new employers; others kept their retirement insurance by quitting or going part-time. The officers sued. The district court granted summary judgment to the officers, ordered Kentucky to reinstate their retirement health insurance, and awarded the officers some of the monetary damages requested. The Sixth Circuit affirmed. The officers have a cognizable breach-of-contract claim. Under Kentucky law, the Kentucky Retirement Systems formed an “inviolable contract” with the officers to provide free retirement health insurance and to refrain from reducing their benefits, then breached that contract. The Medicare Secondary Payer Act of 1980 did not bar Kentucky from providing Medicare-eligible police officers with state retirement insurance after they reentered the workforce and became eligible again for employer-based insurance coverage, 42 U.S.C. 1395y.

Read Opinion

US Court of Appeals for the Sixth Circuit Opinions (5/27/2021)

Kathi McKeown — Tue, 01 Jun 2021 13:26:23 GMT

Vitolo v. Guzman

Dockets: 21-5517, 21-5528

Opinion Date: May 27, 2021

Judge: Thapar

Areas of Law: Business Law, Civil Rights, Government & Administrative Law, Public Benefits

The American Rescue Plan Act of 2021 allocated $29 billion for grants to help restaurant owners. The Small Business Administration (SBA) processed applications and distributed funds on a first-come, first-served basis. During the first 21 days, it gave grants only to priority applicants--restaurants at least 51% owned and controlled by women, veterans, or the “socially and economically disadvantaged,” defined by reference to the Small Business Act, which refers to those who have been “subjected to racial or ethnic prejudice” or “cultural bias” based solely on immutable characteristics, 15 U.S.C. 637(a)(5). A person is considered “economically disadvantaged” if he is socially disadvantaged and he faces “diminished capital and credit opportunities” compared to non-socially disadvantaged people who operate in the same industry. Under a pre-pandemic regulation, the SBA presumes certain applicants are socially disadvantaged including: “Black Americans,” “Hispanic Americans,” “Asian Pacific Americans,” “Native Americans,” and “Subcontinent Asian Americans.” After reviewing evidence, the SBA will consider an applicant a victim of “individual social disadvantage” based on specific findings. Vitolo (white) and his wife (Hispanic) own a restaurant and submitted an application. Vitolo sued, seeking a preliminary injunction to prohibit the government from disbursing grants based on race or sex. The Sixth Circuit ordered the government to fund the plaintiffs’ application, if approved, before all later-filed applications, without regard to processing time or the applicants’ race or sex. The government failed to provide an exceedingly persuasive justification that would allow the classification to stand. The government may continue the preference for veteran-owned restaurants.

Read Opinion

Are you a lawyer? Annotate this case.

Carhartt, Inc. v. Innovative Textiles, Inc.

Docket: 20-1826

Opinion Date: May 27, 2021

Judge: McKEAGUE

Areas of Law: Business Law, Commercial Law, Contracts

In 2009, Carhartt contracted with Innovative to create a flame-resistant fleece fabric for use in its line of flame-resistant garments. The fabric that Innovative developed for Carhartt, “Style 2015," contained a modacrylic fiber, “Protex-C.” Innovative agreed that it would conduct flame-resistance testing on the Style 2015 fabric before shipping it to Carhartt, using the industry-standard test, ASTM D6413. Carhartt sent Innovative emails in 2008, 2010, 2011, 2012, and 2013 stating that Carhartt would do “regular, random testing on the product that is received.” Carhartt performed visual inspections but did not conduct flame-resistance testing until 2016. The Style 2015 fabric failed the D6413 test. Carhartt notified Innovative, which then conducted its own testing and concluded that Style 2015 fabrics dating back to 2014 did not pass flame-resistance testing. In 2013, Innovative stopped using Protex-C and began using a different modacrylic fiber without notice to Carhartt. The district court granted Innovative summary judgment on Carhartt’s negligence, fraud, misrepresentation, false advertising claims. breach of contract and warranty claims. The court reasoned that Carhartt did not notify Innovative of the suspected breach within a reasonable amount of time after Carhartt should have discovered the defect, as required by Michigan’s Uniform Commercial Code. The Sixth Circuit reversed. Reasonable minds could differ as to whether Carhartt should have discovered the breach sooner by performing regular, destructive fire-resistance testing on the fabric.

Read Opinion

Are you a lawyer? Annotate this case.

Jackson v. Genesee County Road Commission

Docket: 20-1334

Opinion Date: May 27, 2021

Judge: Gibbons

Areas of Law: Civil Rights, Labor & Employment Law

Jackson, an African American woman, was GCRC's Human Resources Director. Daly, GCRC’s chief administrative officer, was Jackson’s supervisor. There were pending internal discrimination complaints when Jackson started, including a complaint by African American employees about Bennett. Jackson ultimately negotiated a severance agreement with Bennett. A second issue involved McClane’s complaints about Williams, GCRC’s finance director, who subsequently resigned. Jackson was also responsible for approving Equal Employment Opportunity Plans submitted by vendors and contractors. Jackson realized that several vendors’ EEOPs had expired and became concerned that some GCRC directors were conducting business with vendors before their EEOPs were approved. Jackson implemented several changes in GCRC’s EEOP approval process. Several employees, vendors, board members, and union representatives complained to Daly about Jackson’s “abrasiveness” and communication style. Other employees reported having good experiences with Jackson. Daly fired Jackson without giving a reason other than she was an at-will employee. Jackson filed a retaliation claim under Title VII of the Civil Rights Act and Michigan’s Elliot-Larsen Civil Rights Act. The district court granted GCRC summary judgment. The Sixth Circuit reversed. Jackson engaged in protected activity and there remains a genuine factual dispute as to causation. Jackson’s actions could reasonably be viewed as steps to ensure there was no discrimination in hiring both within GCRC and among its vendors, and were protected activity under Title VII. A reasonable juror could find that Jackson has established a prima facie case of causation through circumstantial evidence including the temporal proximity between Jackson’s protected activity and termination.

Read Opinion

Are you a lawyer? Annotate this case.

U.S. Court of Appeals for the Sixth Circuit Opinions (5/29/2021)

Kathi McKeown — Tue, 01 Jun 2021 13:14:58 GMT

Baker v. Iron Workers Local 25

Docket: 20-1946

Opinion Date: May 28, 2021

Judge: Jeffrey S. Sutton

Areas of Law: Arbitration & Mediation, Civil Procedure, ERISA, Labor & Employment Law

The Labor Management Relations Act forbids employers from directly giving money to unions, 29 U.S.C. 186(a); an exception allows an employer and a union to operate a trust fund for the benefit of employees. Section 186(c)(5)(B) requires the trust agreement to provide that an arbitrator will resolve any “deadlock on the administration of such fund.” Several construction companies and one union established a trust fund to subsidize employee vacations. Six trustees oversaw the fund, which is a tax-exempt entity under ERISA 26 U.S.C. 501(c)(9). A disagreement arose over whether the trust needed to amend a tax return. Three trustees, those selected by the companies, filed suit, seeking authority to amend the tax return. The three union-appointed trustees intervened, arguing that the dispute belongs in arbitration. The court agreed and dismissed the complaint. The Sixth Circuit affirmed. While ERISA plan participants or beneficiaries may sue for a breach of statutory fiduciary duty in federal court without exhausting internal remedial procedures, this complaint did not allege a breach of fiduciary duties but rather alleges that the employer trustees’ own fiduciary duties compelled them to file the action to maintain the trust’s compliance with tax laws. These claims were “not directly adversarial to the [union trustees] or to the Fund.”

Read Opinion

Are you a lawyer? Annotate this case.

Garland v. Orlans, PC

Docket: 20-1527

Opinion Date: May 28, 2021

Judge: Nalbandian

Areas of Law: Civil Procedure, Consumer Law, Legal Ethics

The Orlans law firm, sent a letter on law-firm letterhead, stating that Wells Fargo had referred the Garland loan to Orlans for foreclosure but that “[w]hile the foreclosure process ha[d] begun,” “foreclosure prevention alternatives” might still be available if Garland contacted Wells Fargo. The letter explained how to contact Wells Fargo “to attempt to be reviewed for possible alternatives,” the signature was typed and said, “Orlans PC.” Garland says that the letter confused him because he was unsure if it was from an attorney and “raised [his] anxiety” by suggesting “that an attorney may have conducted an independent investigation and substantive legal review ... such that his prospects for avoiding foreclosure were diminished.” Garland alleges that Orlans sent a form of this letter to thousands of homeowners, without a meaningful review of the homeowners’ foreclosure files, so the communications deceptively implied they were from an attorney. The Fair Debt Collection Practices Act (FDCPA) prohibits misleading debt-collection communications that falsely imply they are from an attorney. The Sixth Circuit affirmed the dismissal of the purported class action for lack of jurisdiction. Garland lacks standing. That a statute purports to create a cause of action does not alone create standing. A plaintiff asserting a procedural claim must have suffered a concrete injury; bare allegations of confusion and anxiety do not qualify. Whether from an attorney or not, the letter said nothing implying Garland’s chance of avoiding foreclosure was “diminished.”

Read Opinion

Are you a lawyer? Annotate this case.

Wyatt v. Nissan North America, Inc.

Docket: 20-5021

Opinion Date: May 28, 2021

Judge: Karen Nelson Moore

Areas of Law: Labor & Employment Law

Wyatt began working as a Nissan project manager in 2013. For two years she received positive annual performance reviews. During those years, Wyatt twice had medical leave. Nissan restored Wyatt to her position and granted nearly all the work accommodations recommended by Wyatt’s doctor. In 2015, Wyatt began working on a project headed by Mullen who sexually harassed and assaulted her. Wyatt’s complaints led to Mullen leaving the company. At the same time, Wyatt took medical leave for back surgery. Upon her return, she and her doctors requested workplace accommodations, similar to those she had previously requested. Nissan denied her request for a 40-hour workweek. Wyatt claims that managers harassed her about her requests and gave Wyatt her first “below expectations” annual evaluation, Wyatt filed a charge of discrimination with the EEOC. Her managers later issued Wyatt a Performance Improvement Plan. Wyatt refused to sign the PIP, believing that it was retaliatory. In February 2017, Wyatt took medical leave and continues to be on leave. Wyatt filed suit, alleging hostile work environment, Title VII, 42 U.S.C. 2000e; failure-to-accommodate, Americans with Disabilities Act, 42 U.S.C. 12101l and retaliation claims under Title VII, the ADA, and the Family and Medical Leave Act, 29 U.S.C. 2601. The district court granted Nissan summary judgment. The Sixth Circuit affirmed with respect to Wyatt’s ADA discrimination claim and claims that were based on retaliatory harassment but reversed with respect to Wyatt’s hostile work environment and retaliation claims based on adverse employment actions.

Kalenga Maweja joins KDC!

Kathi McKeown — Sun, 02 May 2021 18:03:15 GMT

KDC is pleased to welcome its newest member:

Kalenga Maweja of Ward, Hocker & Thornton, PLLC, Louisville is a University of Northern Kentucky Chase College of Law graduate. Ms. Maweja practice in the areas of Auto, Bad Faith, Construction, Insurance Coverage, Premises Liability, Product Liability, Tort and Trucking. She is sponsored by KDC member, Rebecca Burroughs.

KDC Welcomes ...

Kathi McKeown — Fri, 30 Apr 2021 12:27:57 GMT

KDC welcomes its two newest members:

William Brammell of Dressman Benzinger LaVelle PSC, Crestview Hills, University of Kentucky Law School graduate. Mr. Brammell practices in the areas of Civil Rights, Employment, General Liability, Insurance Coverage and Federal Criminal. He is sponsored by KDC Director, Ryan McLane.

Enrique Lopez of E Lopez Law PLLC, Edgewood, is a graduate of the University of New Hampshire Law School. Mr. Lopez practices in the areas of Commercial and Contract law. He is sponsored by KDC Director, Jeff Mando.

KDC's Newest Member

Kathi McKeown — Sun, 18 Apr 2021 13:36:50 GMT

KDC is pleased to welcome its newest member:

Eric W. Thomas of Gwin Steinmetz & Baird, PLLC, Louisville. Mr. Thomas is a Brandeis School of Law - University of Louisville graduate and practices in the area of Auto. He is sponsored by KDC member, Robert L. Steinmetz.

Newest KDC Member ...

Kathi McKeown — Mon, 29 Mar 2021 12:57:53 GMT

KDC welcomes its newest member:

William T. Donnell of WhittenDonnell, Louisville is a University of Kentucky Law School graduate. Mr. Donnell practices in the areas of Insurance and Trucking. He is sponsored by KDC member, Robert L. Steinmetz.

Article by Claire Parsons

Kathi McKeown — Thu, 18 Mar 2021 14:47:29 GMT

For those of you who are members of DRI, the March 17 issue of DRI's The Voice featured this article by KDC Immediate Past President, Claire Parsons. Just another reason you need to be a member of KDC and DRI!

How Do I Find the Time to Post on LinkedIn? I Follow My Dream

By Claire E. Parsons

In the legal profession, we like the term “plan” and tend to look down on the word “dream.” A plan sounds strong. It sounds like you know your business. It sounds like each step is charted out with a nice, little path that heads straight towards success. Dreams, on the other hand, are esoteric and ethereal because they are literally the product of a sleeping mind. Though they are often born from real life, they are usually so discombobulated that they rarely resemble it. So, we lawyers don’t admit to having dreams often, but we always have a plan.

Or so we think. Did you have a plan for 2020? I did, and I bet you did, too. But for most of us, all plans went out the window in March as states of emergency were declared, events were called off, and our offices were shut down. Despite this, I had a great year in 2020. And it wasn’t because of my plans; it was because of my dreams.

In November, I achieved one of my dreams: publishing a book, #Networked, which I wrote with nineteen other women lawyers who I found on LinkedIn. How did that come about? You guessed it: I met them following a dream. In addition to my law practice, I love writing. It is a passion that has slowly emerged over time as I allowed it. I started writing legal articles and then moved onto blogs about other topics, including law practice, life as a working mom, and mindfulness meditation. Though I had no clue what I was doing or where it might lead, it seemed I was pretty good at it. As I shared my work, people engaged with it, republished it, and expressed that they enjoyed what I had to say.

This led me to think, “Hey, maybe a lawyer at a small firm in Kentucky might actually be able to write a book someday that a few people will read.” In 2019, I started toying with this idea more and spoke to friends who had published books. They offered great writing advice, but also let me know that a network and a following would be helpful. By that time, I had already started posting on LinkedIn regularly to share my tips on life, law practice, and leadership. Having always been a nerd and someone who rarely presents in an Instagram-worthy pose, I was astounded to see that there was a whole community of other lawyers with an appetite for down-to-earth honesty, occasional bits of awkward humor, and real facts about life as a working parent.

When things shut down in March, I was fortunate to have already begun the process of creating this community. My new friends from the internet provided inspiration and support at a time when in-person inspiration and support was limited. From them, I got ideas, knowledge about how to use social media better, and so much wisdom about law practice, business, and networking. But I got something even more valuable: validation and confidence. Their feedback and support helped me realize that I had something to say, and that the world and our profession needed to hear it.

So, I kept writing daily posts about working at home, the value of being different, my struggles with perfectionism, anxiety, and mental health, writing, networking as an introvert, and things that mattered to me as a lawyer, a person, and a mom. And as I did, my network grew from around 500 to nearly 5,000 today. It wasn’t long until these new contacts led to business referrals and new opportunities to speak and write, including the chance to write and publish #Networked.

Don’t get me wrong. Planning is part of progress. You cannot survive on dreams alone. But my point here is that you cannot thrive without them. Planning helped me create a process for creating content. I used it to identify topics, pay enough attention to the algorithm to avoid being constantly batted down by it, and to grow my network consistently over time. But my dream of writing a book provided the inspiration and motivation to keep going. It inspired me to post on days that I did not feel like it and to keep coming back when a post didn’t do as well I expected. It gave me courage to reach out to new people who interested me, even though as an introvert my tendency is to do everything on my own. It reminded me that there was always something bigger that my small, daily actions might help me to achieve.

Other lawyers often ask me how I “find the time” to write so much and to post each day on LinkedIn. I think they are expecting me to give them a time management strategy. I think they are looking for a plan. Some of my co-authors have plans, some of which are described in the chapters of #Networked, and I admire them for executing their plans incredibly well. But I don’t rely on plans when I post on LinkedIn, blog, or write. I follow my dreams instead. It has allowed me to share ideas and parts of myself that I never thought I could, make friends who I never would have met otherwise, and create opportunities for my firm and myself where none existed.

If you are considering using social media actively or writing more, I do not dissuade you from planning. For us to manage our lives and practices and add anything new into the mix, planning, without question, is essential. But to create something where it didn’t exist before, or to try something that is new (and hard―and scary), or to keep on going and adjusting and learning from every failure requires more. To persist in the face of all of that, you need a dream. I sincerely hope that 2021 is much gentler with all our plans, but more than anything, I hope this year gives you a chance to dream.

Claire E. Parsons is a member at Adams Law PLLC in Covington, Kentucky. She is a member of the DRI Governmental Liability, Women in the Law, and DRI for Life Committees and a past president of Kentucky Defense Counsel, Inc. She is a frequent, writer, speaker, and certified meditation teacher, who recently launched a blog on mindfulness for lawyers called Brilliant Legal Mind. You can follow her blog on Wordpress or social media or connect or follow Claire on LinkedIn.

This is the third installment in a three-part series from the DRI Women in the Law Committee, which previews three chapters—each written by DRI members—from the recently published book, #Networked: How 20 Women Lawyers Overcame the Confines of Social Distancing to Create Connections, Cultivate Community, & Build Businesses in the Midst of a Global Pandemic (available from Amazon.com). Each of these women share their struggles, celebrate their victories, and provide examples of how the pandemic has been not just a time of destruction and loss, but also a time for opportunity and growth. (Part one. Part two.)

KDC Spring Seminar - Trivia Winners!

Kathi McKeown — Mon, 15 Mar 2021 20:49:09 GMT

Congratulations to our super Social Committee Chair, Jarad Key, for another fun round of Trivia! The questions were themed around March Madness. The winners of the round of Trivia post Spring Seminar are:

Andrew Yocum, Mike Bishop, Jason Coltharp, Todd Page, Rachel Stratton, Curt Graham, Mike Bishop, Paul Lawless, Jim Freel, Chris Colson, Graham Barth and Ian Loos.

Rising to the Challenge in 2021

Kathi McKeown — Mon, 15 Mar 2021 19:21:12 GMT

For those of you who are members of DRI, check out pages 52 and 53 in DRI's For the Defense, March 2021 issue where you'll find the article "Rising to the Challenge in 2021" prepared by DRI's Young Lawyers Committee Chair, Stephanie M. Wurdock.

Stephanie also served as Chair of KDC's YLS for two years and we wish her the best in the year she serves in this position with DRI.

You can look at Stephanie's article by clicking here. YLC Article Mar '21.pdf

If this article perks your interest in DRI, please feel free to reach out to KDC members, Beth Lochmiller and Ashley Brown, who serve as DRI State Rep and DRI State Membership Rep for Kentucky.

Fantastic Spring Seminar!

Kathi McKeown — Fri, 12 Mar 2021 20:02:39 GMT

Many thanks to Ashley Brown for organizing this year's KDC Spring Seminar. We had 99 individuals registered for the event, and Crystal Uebelher did a fantastic job. The interaction among those participating was incredible as well.

Congratulations to the following individuals for winning Amazon gift cards:

Robert Welleford
Aletha Thomas
Don Thompson, Jr.
Daniel Finery

We look forward to our next CLE Program on April 7 at 12:30 p.m. when Jane Broadwater Long of Lawyers Mutual of Kentucky presents, for the first time, "The Zoom Boom: The Ethics of Your Remote Practice." On April 28th, KDC Sponsor CTL Group will present "Common Residential Construction Defects" followed by Trivia.

More CLE programs will be scheduled between April and the Fall Seminar. The Fall Seminar is scheduled for September 30 & October 1 at the Marriott Lexington City Center.

We hope you will consider joining us for these events.

Congratulations to ...

Kathi McKeown — Thu, 11 Mar 2021 14:31:09 GMT

Congratulations to the law firms of DBL Law, Middleton Reutlinger, Steptoe & Johnson, Stites & Harbison, PLLC and Ward, Hocker & Thornton, PLLC on being selected as one of the Top 100 places to work in Kentucky by the Kentucky Chamber of Commerce.

KDC Welcomes Two New Members ...

Kathi McKeown — Thu, 11 Mar 2021 14:17:00 GMT

KDC is pleased to welcome its two newest members:

Mitchell Esterle of O'Bryan, Brown & Toner, PLLC, Louisville, is sponsored by KDC member, Scott Burroughs.

Emily Pence of Sturgill, Turner, Barker & Moloney, PLLC, Lexington, is a University of Kentucky Law School graduate. Ms. Pence is a member of DRI and is sponsored by KDC member, Jamie Dittert.

New Firm Info

Kathi McKeown — Tue, 09 Mar 2021 15:08:55 GMT

KDC member, Chad Sizemore, is now practicing with the Whitten Law Office in Cincinnati, Ohio.

KDC's Newest Member

Kathi McKeown — Tue, 09 Mar 2021 15:06:52 GMT

KDC is pleased to welcome its newest member:

Jared Klein Hoskins of Smith and Hoskins, Louisville is a University of Louisville Brandeis School of Law graduate. He is sponsored by KDC member, Renee Hoskins.

Jessica Shoulders Newest KDC Member!

Kathi McKeown — Mon, 08 Mar 2021 14:07:21 GMT

KDC is pleased to welcome its newest member:

Jessica Renee Shoulders of English, Lucas, Priest & Owsley, LLP, Bowling Green, is a University of Kentucky Law School graduate. She is a member of DRI and is sponsored by KDC member, Aaron Smith.

Two New KDC Members!

Kathi McKeown — Fri, 05 Mar 2021 14:43:42 GMT

KDC is pleased to welcome its two newest members:

Jared Burke of Goldberg Simpson, LLC, Prospect, is a University of Northern Kentucky Chase College of Law graduate. Mr. Burke practices in the areas of Auto, Insurance Coverage, Premises Liability, Tort and Trucking. He is a member of DRI and is sponsored by KDC Social Committee Chair, Jarad Key.

Akesha Kirkpatrick of Goldberg Simpson, LLC, Prospect, is a University of Kentucky Law School graduate. Ms. Kirkpatrick practices in the Business Litigation, Employment, Insurance Coverage, Premises Liability, Product Liability, Tort and Trucking. She is sponsored by KDC Social Committee Chair, Jarad Key.

Christina Norris Newest KDC Member!

Kathi McKeown — Wed, 03 Mar 2021 18:04:36 GMT

KDC is pleased to welcome its newest member, Christina Norris of Goldberg Simpson, PLLC, Prospect. Ms. Norris is graduated from law at Loyola University, New Orleans and practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Civil Rights, General Liability, Insurance Coverage, Tort and Trucking. She is a member of DRI and is sponsored by KDC member, Chuck Cassis.

KDC Welcomes Its Newest Member!

Kathi McKeown — Fri, 26 Feb 2021 15:03:18 GMT

KDC is pleased to welcome its newest member:

Charles Donald ("Don") Thompson, Jr. of King, Deep & Branaman, Henderson is a University of Northern Kentucky Chase College of Law graduate. Mr. Thompson practices in the areas of Auto, Bad Faith, General Liability, Insurance Coverage, Premises Liability, Tort and Workers' Comp. He is sponsored by KDC member, Mitchell Deep.

Richard W. Smith

Kathi McKeown — Mon, 22 Feb 2021 19:11:01 GMT

KDC member, Richard W. Smith, is now practicing with Freeman, Mathis & Gary in their Lexington office.

Sarah E. Noble

Kathi McKeown — Wed, 17 Feb 2021 18:11:21 GMT

Sarah E. Noble is now practicing with Reminger Co., LPA in their Lexington office.

Multi State Webinar for “Client Development and Client Maintenance: Thriving In the New Normal”

Kathi McKeown — Wed, 03 Feb 2021 18:00:21 GMT

Join defense counsel from Kentucky, Tennesseee, North Carolina, South Carolina, Virginia and West Virginia for Client Development and Client Maintenance: Thriving in the New Normal. To register for this event, go to Client Development and Client Maintenance: Thriving in the New Normal. Free for KDC members!

The cut-off date for registration is February 26, 2021.

Zachary Richards --

Kathi McKeown — Mon, 01 Feb 2021 16:45:45 GMT

KDC member, Zachary Richards, is now practicing with Ferreri Partners, PLLC in their Louisville office.

Alyssa K. Hare joins KDC

Kathi McKeown — Wed, 27 Jan 2021 16:08:00 GMT

KDC welcomes its newest member:

Alyssa Kirsten Hare of Rolfes Henry Co., LPA, Louisville, is a Brandeis School of Law graduated. Ms. Hare practices in the areas of Insurance and Workers' Comp. She is sponsored by KDC member, Neil Baine.

Newest KDC Members!

Kathi McKeown — Fri, 22 Jan 2021 15:36:18 GMT

KDC is pleased to welcome its two newest members:

Jake Miller of Landrum & Shouse, LLP, Lexington is a University of Kentucky Law School graduate. Mr. Miller practices in the areas of Auto, General Liability, Premises Liability, Tort and Trucking. He is sponsored by KDC member, John G. McNeill.

Gregory K. Smith of Brown & Breeding, PSC, London is a University of Kentucky Brandeis School of Law graduate. Mr. Smith practices in the areas of Auto and Insurance. He is sponsored by KDC member, Bradford L. Breeding.

KDC Welcomes ...

Kathi McKeown — Thu, 14 Jan 2021 14:25:49 GMT

KDC is pleased to welcome its newest member:

Miranda R. Carter of Dzenitis Newman, PLLC, Louisville is a University of Louisville Brandeis School of Law graduate. Ms. Carter practices in the areas of Medical Malpractice and Nursing Homes. She is a member of DRI and is sponsored by KDC member, Elizabeth A. Beal.

James Edward Skaggs joins KDC!

Kathi McKeown — Mon, 28 Dec 2020 17:44:57 GMT

KDC is pleased to welcome its newest member:

James "Jamey" Edward Skaggs of Casey Bailey & Maines, PLLC, Lexington is a University of Kentucky Law School graduate. Mr. Skaggs practices in the areas of Auto, Insurance, Tort & Workers' Comp. He is sponsored by KDC member, F. Allon Bailey.

KDC's Newest Member

Kathi McKeown — Thu, 10 Dec 2020 14:34:30 GMT

KDC is pleased to welcome its newest member:

Harlan Judd of Judd, Satterfield & Associates, PLLC, Bowling Green, is a graduate of the Cumberland School of Law. Mr. Judd, while focusing on many areas of law, also focuses on Banking and Financial Institutions. He is a member of DRI and is sponsored by KDC member, Robert Cetrulo.

David A. Shearer, Jr. joins KDC

Kathi McKeown — Mon, 07 Dec 2020 15:43:36 GMT

KDC welcomes its newest member:

David A. Shearer, Jr. of Garvey Shearer Nordstrom, Ft. Mitchell. Mr. Shearer is a graduate of the University of Kentucky Law School and practices in the areas of Auto, Bad Faith, Construction, Employment, General Liability, Insurance Coverage, Premises Liability, Product Liability and Tort. He is sponsored by KDC member, John J. Garvey, III.

KDC Welcomes --

Kathi McKeown — Sat, 21 Nov 2020 17:38:18 GMT

KDC welcomes its newest member:

Christopher Brann of Garvey Shearer Nordstrom, Fort Mitchell is a graduate of the Chase College of Law and practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Construction, General Liability, Insurance Coverage, Premises Liability, Tort and Trucking. He is a member of DRI and is sponsored by KDC Director, Andrew Garverich

KDC -- 2020 Award Recipients

Kathi McKeown — Fri, 13 Nov 2020 13:31:01 GMT

KDC recognized the winners of this year's awards at its Fall Seminar:

Diplomat - Robert M. Spragens, Jr. (nominated by John C. Miller)
Defense Lawyers of the Year - Stacey A. Blankenship (nominated by Jim Landry)
Young Lawyer - Olivia F. Amlung (nominated by Jeff Mando)

Additionally, the Executive Committee recognized the work of two past presidents:

Robert ("Bob") M. Hoffer and Katherine ("Kit") M. Hornback (recognized at the program by KDC Past President, Mitch Hall.)

The Executive Committee Award is not given each year.

All of the award recipients will, hopefully, be presented with their awards at the KDC Spring Seminar on March 12th in Lexington. Additionally, they will be featured in the Fall-Winter 2019-20 issue of Common Defense.

Congratulations to all award recipients!

KDC 2020 Fall Seminar -- Fantastic!

Kathi McKeown — Fri, 13 Nov 2020 13:23:32 GMT

What a great turnout for the KDC Fall Seminar. 74 individuals registered and participated in the various programs throughout the day. Many thanks to our sponsors: American Structurepoint, Encore Wealth Management, Exponent, Kentuckiana Court Reporters, Lawyers Mutual, Robson and SEA, Ltd. for joining us throughout the day as well, and for their presentations at the beginning of the program.

Additionally, lots of thanks to Tia Combs and Jason Coltharp for their great line-up of speakers, helping to make the day fantastic:

Barry M. Miller and Christina L. Vessels - Coverage Gone Viral: Insurance Coverage Issues in the Age of COVID-19
Helen Gulgun Bukulmez - Attorney Wellness: How Diversity, Inclusion and Purposeful Spending Assist Your Clients in Hiring
E. Frederick "Rick" Straub, Jr. - Virtual Mediations
John F. "Jack" Delany, III and Mary Noffsinger, PhD -- Understanding Juror's Generational Differences to Win at Trial.

KDC - New Directors

Kathi McKeown — Fri, 13 Nov 2020 13:12:36 GMT

KDC President, Paul Lawless, recognized the outgoing KDC Directors at the KDC Fall Seminar on November 12. Those include:

Guy Hughes, Lexington (District 5)
Steve McGinnis, Greenup (District 7)
Dave Stratton, Pikeville (District 7)
Todd Page, Lexington (District 5, now an Officer)

Paul also recognized new KDC Directors:

Jeff Baldwin, Pikeville (District 7)
Ashley Brown, Lexington (District 5)
Todd Kennedy, Pikeville (District 7)
Christine Stanley, Lexington (Director at Large)
Beth Winchell, Lexington (District 5)

Many thanks to our Nomination Committee (Paul Lawless, Jason Coltharp and Tia Combs) for their work in selecting these individuals to serve on KDC's Board.

The 2020-21 Awards/Nomination Committee will be made up of Claire Parsons, Kristen Fowler and Tia Combs.

KDC 2020-21 Officers

Kathi McKeown — Fri, 13 Nov 2020 13:10:12 GMT

KDC is pleased to announce its officers for 2020-21:

President, Paul Lawless
President-Elect, Jason Coltharp
Vice President, Kristen Fowler
Secretary-Treasurer, Todd Page
Immediate Past President, Claire Parsons

Paul recognized Claire's presidency during the Fall Seminar, including the fact there was a lot to deal with because of, you guess it, COVID-19. Thank you, Claire, for a job well done.

Cocktails & Trivia - A Success

Kathi McKeown — Fri, 13 Nov 2020 13:02:55 GMT

Many thanks to KDC's Social Committee Chair, Jarad Key, for a fun-filled cocktail reception and a great list of trivia questions, all Kentucky related! Around 44 individuals participated! The trivia winners (Amazon gift cards) include Tia Combs, David Kramer, Andrew Yocum, Andrew DeSimone, Darrin Banks, Scott Burroughs, Jeb Jarrell, Beth Lochmiller, Scott Davidson, Jared Sigler, Ryan McLane, Chris Colson, Stacey Blankenship and Jason Coltharp.

In-between trivia questions, discussions were held sharing current legal practices in light of COVID-19 and other such.

The Amazon Gift Card Winners Are --

Kathi McKeown — Fri, 13 Nov 2020 13:01:07 GMT

Congratulations to attendees at the KDC Fall Seminar whose names were drawn as winners of $25 Amazon gift cards: Neil Baine, Beth Winchell, Dave Kramer and Guy Colson.

Thanks to everyone, including our sponsors and speakers, for making our first ever virtual seminar a success!

Two New KDC Members!

Kathi McKeown — Sat, 07 Nov 2020 18:16:36 GMT

KDC is pleased to welcome its newest members:

Dennis J. Courtney of Dennis J. Courtney, Attorney at Law, in Murray is a University of Northern Kentucky Chase College of Law graduate. Mr. Courtney practices in the areas of Appellate, Auto, Bad Faith, Contract, Education, General Liability, Insurance Coverage, Premises Liability, Tort and Insurance Special Investigations, such as fraud and arson. He is sponsored by KDC member, Matt Gray.

Seth Edward Fawns of Landrum & Shouse, LLP, Lexington, is a University of Kentucky Law School graduate. Mr. Fawns practices in the areas of Auto, General Liability, Premises, Tort & Trucking. He is sponsored by KDC member, John McNeill.

Nathaniel Fowler Joins KDC!

Kathi McKeown — Sun, 18 Oct 2020 12:58:38 GMT

KDC is pleased to welcome its newest member:

Nathaniel Troy Fowler of Frost Brown Todd LLC, Louisville is a University of Kentucky College of Law graduate. Mr. Fowler practices in the area of Product Liability. He is a member of DRI and is sponsored by KDC member, Jeremiah Byrnes.

Sydney Stanton & Jared Sigler Newest KDC Members

Kathi McKeown — Sun, 04 Oct 2020 18:04:33 GMT

KDC is pleased to welcome the following new KDC members:

Jared Sigler of Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP, Paducah, is a University of Louisville Brandeis School of Law graduate. Mr. Sigler practices in the areas of Auto, Civil Rights, General Liability, Government, Insurance, Municipal, Premises and Tort. He is sponsored by KDC member, James Sigler.

Sydney Jade Stanton of Napier Gault Schupbach & Stevens, PLC, Louisville, is a University of Kentucky Law School graduate. Ms. Stanton practices in the area of Medical Malpractice. She is sponsored by KDC Vice President, Kristen Fowler.

KDC Welcomes Two New Members

Kathi McKeown — Mon, 21 Sep 2020 15:14:15 GMT

KDC welcomes its two newest members:

Madeline Berry of Gazak Brown, Louisville, is a University of Kentucky Law School graduate. Ms. Berry practices in the area of Medical Malpractice. She is sponsored by KDC member, Daniel G. Brown.

Davis Hunter of Dorsey Gray Norment & Hopgood, Henderson, is a University of Louisville Brandeis School of Law graduate. Mr. Hunter practices in the areas of Appellate, Auto, Contract, Employment, General Liability, Insurance Coverage, Premises Liability, Property, Tort and Workers' Comp. He is sponsored by KDC member, S. Madison Gray.

New Contact Info

Kathi McKeown — Wed, 26 Aug 2020 19:14:58 GMT

Estill D. Banks, II is now practicing with Porter, Banks, Baldwin & Shaw, PLLC in their Lexington office.

Amy Cooper joins KDC!

Kathi McKeown — Tue, 11 Aug 2020 20:13:24 GMT

KDC is pleased to welcome its newest member, Amy L. Cooper of McMasters Keith Butler, Inc., Louisville. Ms. Cooper graduated from the Emory University School of Law and practices in the area of Medical Malpractice. She is member of DRI and is sponsored by KDC member, Beth McMasters.

KDC's Newest Member

Kathi McKeown — Thu, 23 Jul 2020 14:45:14 GMT

KDC welcomes Todd Kennedy of Thompson & Kennedy, Pikeville, to its membership. Mr. Kennedy graduated from the University of Kentucky Law School and practices in the areas of Appellate, Auto, Business Litigation, Contract, Employment, General Liability, Insurance Coverage, Premises Liability, Product Liability, Property, Tort and Workers' Comp. He is sponsored by KDC Director, Dave Stratton.

Grumley, Riley & Stewart, P.S.C.

Kathi McKeown — Thu, 23 Jul 2020 14:34:06 GMT

Effective July 1, 2020, the principals of Bradley, Freed & Grumley, P.S.C. announce the change of the firm's name to Grumley, Riley & Stewart, P.S.C. Jonathan Freed remains of counsel to the firm. All contact information, including address, telephone numbers and emails remain unchanged.

Jeff County, Division 2 (Changes effective 7/20/20)

Kathi McKeown — Mon, 20 Jul 2020 12:34:31 GMT

Thanks to Kristen Fowler for sharing the following:

Due to ongoing technical issues with Skype, starting Monday, July 20, 2020, Jefferson Circuit Court Division 2 will use its “motion hour” conference number for all hearings except in-custody matters. In-custody matters, whether in LMDC or at a DOC institution, continue to be scheduled via Skype for Business. Until further notice, please dial the following number and conference ID to participate in motion hour and regular docket hearings:

1-774-220-4000

Conference ID: 595-4062.

*Based on feedback from lawyers practicing in this division, it is my hope to transition to Zoom as soon as possible. The conference number is a temporary solution until the Zoom account is set up for the division.

Annie O’Connell

Judge, Jefferson Circuit Court

(502) 595-4062

annieoconnell@kycourts.net

DRI - Construction Law Committee Virtual Seminar

Kathi McKeown — Thu, 09 Jul 2020 19:12:51 GMT

Join DRI’s Construction Law Committee for DRI's first ever virtual seminar experience. During the seminar you will learn about such topical and relevant topics as:

• The importance of Minority-Owned and Women-Owned Business Enterprises and how MBE and WBE Certifications expand and promote opportunities on construction projects throughout the US;

• The impact of climate change on building codes, design and claims in the wake of previously unanticipated weather conditions;

• The latest developments in laws affecting the construction industry and construction law practitioners;

• Practical steps to address lawyer well-being and shifts in the culture of the legal profession so attorneys can meet ethical obligations.

There will also be opportunities for virtual networking.

To learn more or to register, go to DRI.org.

Order re CLE

Kathi McKeown — Thu, 09 Jul 2020 19:08:14 GMT

Attached is an Amended Order of April 30, 2020 regarding the extension of CLE deadline.Order re CLE 043020.pdf

KDC Welcomes ...

Kathi McKeown — Mon, 29 Jun 2020 15:58:46 GMT

KDC welcomes its newest member, Robert B. Cetrulo of Cetrulo Mowery & Hicks, Edgewood, KY 41077. Mr. Cetrulo practices in the areas of Auto, General Liability, Insurance and Tort. He is sponsored by KDC member, Jeff Mando.

Grant Grissom joins KDC!

Kathi McKeown — Fri, 26 Jun 2020 18:44:36 GMT

KDC is pleased to welcome its newest member!

Michael Grant Grissom of Napier Gault Schupbach & Stevens, PLC, Louisville is a graduates of The Ohio State University School of Law. Mr. Grissom practices in the areas of Medical Malpractice, Nursing Home, and Tort. He is sponsored by KDC member, Clay M. Stevens.

KDC's Newest Members

Kathi McKeown — Fri, 19 Jun 2020 16:48:01 GMT

KDC welcomes its two newest members:

Richard W. Smith of Tooms, Dunaway & Webster, London. Mr. Smith is a Northern Kentucky Chase College of Law graduate and practices in the areas of Auto, Premises and Tort. He is sponsored by KDC member, Bridget Dunaway.

Sarah Vrabel of O'Bryan, Brown & Toner, Louisville. Ms. Vrabel is an Indiana University Robert H. McKinney School of Law graduates and practices in the area of Medical Malpractice. She is sponsored by KDC member, Mary Beth O'Bryan.

Jeff Lowe - Connections Continue Despite Interruptions

Kathi McKeown — Fri, 05 Jun 2020 17:23:53 GMT

The following is article was in DRI's June 3 edition of The Voice. The article was written by KDC Director at Large, Jeff Lowe, who also reviews defense verdicts for publication in Common Defense.

Connections Continue Despite Interruptions

By R. Jeffrey Lowe, DRI National Director

As I sit on my back porch writing this article and reflecting on my DRI experience as a third-year board member, I keep getting interrupted by my three-year-old golden retriever, Zeb, who incessantly wants me to throw his ball into the backyard so he can retrieve it (think Adam Sandler’s dog

in the movie Spanglish). I type, he pants at my side waiting for me to throw the ball. I throw it, type some more, and he is right back at my side ready for more.
Interruption after interruption, but boy

does he love to get that ball and I love seeing the joy in his activity.

Interruption is something we deal
with daily in the practice of law. We plan our day out to the minute, or tenth of
an hour in some cases, to maximize our productivity. However, seldom does the plan hold. A client calls with an emergency, an associate needs help on a project, a colleague calls and wants to talk. And we have to bring that interruption into our schedule. We do and move on, adapting our schedule to get back on track.

The pandemic interrupted our
practices as offices closed, courts limited operations
and we established remote workspaces. What has not
been interrupted, however, is the benefit of being a DRI member. Membership in DRI has always been about more than access to world-class CLE and educational materials. Membership in DRI is also about the personal connection we make with lawyers from across the country and world. Since my first involvement with DRI attending the DRI Civil Rights and Governmental Tort Liability Seminar in New Orleans almost twenty years ago, the people I have met are the best and brightest legal minds. Even more important, however, is those same people are some of the best people I have ever met. They have become friends and people I know I can count on. To me, that is the best benefit of DRI membership—connection with people.

Connection is part of the reason why DRI’s seminars are so well-attended. Yes, the content and presenters are out- standing. But the ability to get together and connect with colleagues and friends is just as valuable. I have chaired
a seminar planning committee and worked on numerous

seminar planning committees. The bonds created through that process strengthened the connection I initially made attending the seminars. That is why a person you might see one, two, or three times a year can become a lifelong friend. Although the ability to be physically in the same room as that person may be interrupted because of geographical distance, the connection you create through

DRI membership allows that connection to grow.

Friendship, however, is not the only positive benefit of connection. Connection with these outstanding people and lawyers has made me a better lawyer and leader.
I do not hesitate to pick up the phone and call one of my fellow Governmental Liabil- ity Committee colleagues when a practice question arises. I also do not hesitate to reach out to my fellow DRI leaders when a question arises about a challenging lead- ership issue. The connections have also allowed me to create a book of business in an area that did not previously exist in my firm. The benefits of DRI connections are

different for everyone, but they are undoubtedly beneficial.

Despite the inability during the pandemic to conduct seminars as DRI has in the past, DRI continues to offer many opportunities for connection. DRI has various subcommittees holding regular Zoom calls. Planning for upcoming seminars carries on. Publications continue to
be published and online programming continues to be recorded. All of these things require planning and lots of hard work. It is the work of DRI’s Substantive Law Commit- tees and their connected committee members that create this content. So even during a pandemic, DRI continues to create opportunities for connection.

I currently serve as the board liaison to the Construction Law Committee and it was supposed to hold its seminar the first week in April. Unfortunately, it had to be post- poned. The committee led by its chair, David Jones, and its vice chair, Danielle Waltz, immediately formed a task force to address how the committee could provide continued content to its members. From that task force, it created a weekly Zoom conference called “Toolbox Talks” where the

The Voice | June 3, 2020

6 Volume 19, Issue 22

COVID-19

committee presents a substantive topic for approximately 15 minutes and then gives the opportunity for the people on the call to discuss the topic. They have been outstand- ing presentations and give the committee the opportunity to connect once a week.

DRICares has provided multiple opportunities for connection as well. DRICares provided everyone the opportunity to connect while physically distancing through the “Keep Your Distance 5k.” My whole family participated (including Zeb) in the rain and we all loved seeing the photos on social media of those who ran, walked, biked or hiked. Again, despite the interruption of normal activities, DRI provided its members the opportunity to connect.

President-Elect Emily Coughlin’s weekly coffee talks continue at noon daily and provide an opportunity for any member to join and say “Hi.”

Undoubtedly, the pandemic has interrupted all facets of our lives and practices, as well as normal DRI operations. But, DRI will continue to provide multiple benefits for its members and opportunities to connect, albeit virtually.
My DRI connections have certainly been part of what has helped me to strive and succeed during this pandemic. There have been days where a DRI call or Zoom has been exactly what I needed, despite not knowing that I needed it. Interaction does not have to be interrupted and DRI provides the avenue to continue that connection. I look forward to the day in the future when I can see my DRI friends from across the country in person. But I don’t miss them as much when I stay connected to them through DRI.

And by the way, I have now thrown the ball into my backyard 52 times for a golden retriever who is a pleas- ant interruption.

Back to Contents

The Voice | June 3, 2020 7

Volume 19, Issue 22

KDC Welcomes Matthew Eddy!

Kathi McKeown — Fri, 05 Jun 2020 15:27:10 GMT

KDC welcomes its newest member, Matthew Silas Eddy, of Whitlow, Roberts, Houston & Straub, PLLC, Paducah. Mr. Eddy is a graduated of Vanderbilt University Law School and practices in the areas of Business Litigation and Maritime. He is sponsored by KDC member, Chris Hutson.

ABA Covid-19 Resources

Kathi McKeown — Fri, 29 May 2020 12:55:33 GMT

In an effort to assist all KDC members through the current pandemic, here is a link to the ABA website that provides a large amount of articles. https://www.americanbar.org/groups/legal_aid_indigent_defendants/resources/covid-19-resources/

KDC's Newest Member

Kathi McKeown — Fri, 15 May 2020 16:46:00 GMT

KDC is pleased to welcome its newest member, David Richardson of Markesbery and Richardson Co., LPA, Cincinnati. Mr. Richardson is a graduate of the University of Dayton School of Law and practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Commercial, Construction, Contract, General Liability, Insurance Coverage, Premises Liability, Product Liability, Property and Real Estate Transaction Liability. Mr. Richardson is a member of DRI.

DRI Cares - April 25th Social Distancing 5K -- JOIN IN THE FUN!

Kathi McKeown — Tue, 14 Apr 2020 14:20:39 GMT

DRIcares DRIforLife DRIvets invite you to join us in supporting USA Cares in a virtual 5k walk/run. You and your family/friends can participate while properly social distancing.

Here is the link to sign up: usacares.org/get_involved/list/attend_an_event/list/...

See attached flyer for more info.

Sign up for the Virtual 5k here anytime before April 25th.

$28 for adults/$14 for kids ages 6-17.

Send your confirmation email to Rebecca Nickelson rnickelson@sinarslaw.com to be eligible for special prizes.

Then, on April 25, 2020, take a walk or run while properly social distancing. Post your pics, comments and encouragement on the DRI For Life Facebook page.

KDC Welcomes --

Kathi McKeown — Tue, 14 Apr 2020 14:13:58 GMT

KDC welcomes its newest member:

Aaron Williams of Phillips Parker Orberson & Arnett, PLC, Louisville. Mr. Williams is a University of Louisville Brandeis School of Law graduates and practices in the areas of Auto, General Liability, Insurance Coverage, and Premises Liability. He is sponsored by KDC Director, William B. Orberson.

Legal Aid Society

Kathi McKeown — Fri, 10 Apr 2020 19:51:44 GMT

Legal Aid Society - The Legal Aid Society has a new website with helpful information on issues such as unemployment insurance, tenant rights, stimulus payments, and domestic violence. The information is presented in a way that is succinct and easy to understand. For more information or to schedule an appointment, please visit the Legal Aid Society website

Women in the Law

Kathi McKeown — Fri, 10 Apr 2020 19:48:16 GMT

The Women in the Law hosted its first virtual Happy Hour last night. Top row, Left to Right: Tia Combs, Claire Parsons, Stephanie Wurdock; middle row: Christine Stanley, Olivia Amlung, Ashley Brown. Bottom row: Kristen Worak.

In the event you are wondering, Stephanie's tee reads" Will give legal advice for tacos."

Sara Clark Davis

Kathi McKeown — Fri, 10 Apr 2020 19:47:19 GMT

Sara Clark Davis is now working with Norton Healthcare, Inc. at the Brownsboro Road office in Louisville.

KDC Welcomes Two New Members

Kathi McKeown — Tue, 31 Mar 2020 15:15:27 GMT

KDC is pleased to welcome its two newest members:

Jordan Wesley Morgan of Shelton, Branham & Halbert, PLLC, Lexington is a graduate of the Chase College of Law. Ms. Morgan practices in the areas of Appellate, Business Litigation, Contract, General Liability, Insurance Coverage, Premises Liability, Property, Real Estate Transaction Liability, Tort and Trucking. She is sponsored by KDC Director, Adam Towe.

Samuel Smith Porter of Landrum & Shouse, Lexington, is a graduate of the University of Kentucky College of Law. Mr. Porter practices in the areas of Auto, General Liability, Premises, and Tort. He is sponsored by KDC's CLE Committee Chair, Beth Winchell.

Message from Lawyers Mutual of Kentucky

Kathi McKeown — Fri, 27 Mar 2020 14:22:44 GMT

“The following message is from Lawyers Mutual of Kentucky: Effective Monday, March 23, 2020, Lawyers Mutual of Kentucky is closed until it is safe to resume in-office operations. Please know that even though the office is closed due to the Coronavirus pandemic, we will be working remotely to take care of your insurance needs. It is best to contact us via the “contact” link on the website (www.lmick.com). Depending on the nature of your inquiry, your message will be directed to the appropriate person who will respond accordingly. Alternatively, you can e-mail us at a new general mailbox at lmick@lmick.com. If you need to forward claims documents, renewal applications or other materials, you will need to use the general mailbox. Again, the appropriate person will receive your message and respond as necessary. Please don’t hesitate to contact us with any inquiry, whether about claims, renewals, quotes, premiums, etc. We will do our best to answer your question and give you some guidance in this most uncertain of times. Remember that our website and social media platforms are resources for additional information from LMICK. Our Policyholders will likely receive another LMICK Minute or two in the coming days and weeks. We will also post a copy of the LMICK Minute on our Web site. Please stay well and take care of yourselves and your practices.”

Pete Pullen

Kathi McKeown — Wed, 11 Mar 2020 14:52:35 GMT

Pete Pullen is now practicing with O'Bryan, Brown & Toner in Louisville.

New KDC Members

Kathi McKeown — Thu, 13 Feb 2020 17:25:14 GMT

KDC is pleased to welcome its newest members:

James P. Freel of Ward, Hocker & Thornton, PLLC, Lexington is a University of Kentucky College of Law graduate. Mr. Freel practices in the areas of Auto, Construction and Premises Liability. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

Noel Halpin of O'Bryan, Brown & Toner, PLLC, Louisville is a University of Tennessee College of Law graduate. Mr. Halpin practices in the areas of Auto, General Liability, Insurance Coverage, Medical Malpractice, Premises Liability, Product Liability, and Professional Liability. He is sponsored by KDC member, Charlie Walker.

KDC Members Elected to KBA Board of Governors

Kathi McKeown — Thu, 13 Feb 2020 14:51:38 GMT

Congratulations to the following KDC members:

Thomas N. Kerrick of Kerrick Bachert, PSC, Bowling Green who will begin serving as President and Miranda D. Click of East Kentucky Law Group, Pikeville, who will begin serving as Young Lawyers Division chair effective July 1, 2020.

Additionally, James A. Sigler of Keuler, Kelly, Hutchins & Blankenship, LLP, Paducah; Matthew P. Cook of Kerrick Bachert, PSC, Bowling Green; Susan Phillips of Phillips, Parker, Orberson & Arnett, PLC, Louisville; and Mitch Hall of VanAntwerp Attorneys, Ashland, on being elected bar governor representatives for the 1st, 2nd, 5th and 7th judicial districts, respectively.

Rules of the Supreme Court of Kentucky (SCR) Amended

Kathi McKeown — Wed, 12 Feb 2020 15:28:00 GMT

The Supreme Court of Kentucky has issued an Order amending the Rules of the Supreme Court of Kentucky (SCR). Order 2020-03 Amending the Rules of the Supreme Court of Kentucky (SCR) will become effective March 1, 2020.

To view a copy of the Order: https://cdn.ymaws.com/www.kybar.org/resource/resmgr/enewscustom/2020-03AmendmentstotheSuprem.pdf

Amended Pro Hac Rule effective March 1, 2020

Kathi McKeown — Wed, 12 Feb 2020 15:21:42 GMT

The Kentucky Supreme Court has revised Rule 3.030 regarding Pro Hac Vice admission, and a per case renewal fee will now be due on the one-year anniversary of the attorney’s original Pro Hac Vice admission beginning March 1, 2020. Any subsequent renewal fees will be due in subsequent years on the same calendar date until the case is concluded. The renewal fee payment is equal to the annual dues paid by KBA members who have been admitted to practice for five years or more. The amount is currently $310. Failure to pay the renewal fee within thirty (30) days of the due date will result in the attorney being suspended from appearing in any case in which he/she has been admitted pro hac vice. Upon notification of the failure of payment, members of the KBA serving as co-counsel shall immediately notify the Court in which the case is pending. E-mails will be sent in February to notify the Pro Hac Attorneys of the amended rule with a request concerning the status of the attorney on the case. Invoices will be sent starting in March.

Congratulations to Ann LeRoy!

Kathi McKeown — Tue, 11 Feb 2020 15:54:08 GMT

Congratulations to Ann LeRoy of An/Dor Court Reporting for being selected as an inductee into the Kentucky Workers' Compensation Hall of Fame.

Tyler Olson joins KDC

Kathi McKeown — Tue, 11 Feb 2020 15:51:31 GMT

KDC is pleased to welcome its newest member, Tyler Douglas Olson of Schiller Barnes Maloney PLLC, Louisville. Mr. Olson graduated from Northern Kentucky University Chase College of Law and practices in the areas of Auto, General Liability, Government, Insurance, Municipal, Premises, Tort and Trucking. He is sponsored by KDC member, Stephen C. Keller.

DRI -- For the Defense Article January 2020 edition

Kathi McKeown — Wed, 05 Feb 2020 18:07:07 GMT

Check out page 36 of the January 2020 issue of DRI's publication For the Defense where you'll find the article "An Innovative Resource -- Beyond the Mock Trial" authored by KDC Director, Guy Hughes. Great job, Guy!

KBA-YLS Food Frenzy

Kathi McKeown — Sat, 01 Feb 2020 19:01:44 GMT

The KBA's Young Lawyer Division opened registration for its Fourth Legal Food Frenzy on January 15th. Their goal is to raise $100,000.00 or the equivalent of 800,000 pounds of food.

All lawyers, law firms, law schools and legal agencies in Kentucky are encouraged to participate! There are various categories, including,

Solo Law Firms (1-3 attorneys)
Small Law Firms (4-10 attorneys)
Mid-Sized Law Firms (11-49 attorneys)
Large Law Firms (50+ attorneys)
Corporate Legal Departments
Government Entities
Law Schools

Visit kyfoodfrenzy.com to register. The campaign runs from March 1 - 14, 2020.

If you and/or your firm are a member of KDC, we will recognize you in a future edition of Common Defense if you/your firm are one of the winning contributors.

Bridget Coraz Joins KDC

Kathi McKeown — Fri, 24 Jan 2020 16:43:50 GMT

KDC is pleased to welcome its newest member, Bridget Coraz of Gazak Brown PSC, Louisville. Ms. Coraz graduated from the University of Louisville Brandeis School of Law and practices in the area of Medical Malpractice. She is sponsored by KDC member, Noelle Haegele.

Newest KDC Members ...

Kathi McKeown — Wed, 15 Jan 2020 14:05:47 GMT

KDC is pleased to welcome the following new members:

Katie E. Bouvier of Sturgill, Turner, Barker & Moloney, PLLC, Lexington, is a University of Kentucky Law School graduate. Ms. Bouvier is a member of DRI and is sponsored by KDC member, Langdon Worley.

John J. Garvey, III of Garvey Shearer Nordstrom, psc, Ft. Mitchell, graduated from Salmon P. Chase, NKU College of Law. Mr. Garvey practices in the areas of Auto, Construction, Contract, Insurance, Premises, and Product Liability. He is a member of DRI and sponsored by KDC member, Perry A. Adanick.

Denis C. Wiggins of Gwin, Steinmetz & Baird PLLC, Louisville graduated from the University of Louisville Brandeis School of Law. Mr. Wiggins practices in the areas of Auto, Business Litigation, Commercial, Construction, Contract, General Liability, Insurance, Premises, Product Liability, Tort and Torting. Mr. Wiggins is sponsored by KDC member, Patricia Harmeling.

Two New Members!!

Kathi McKeown — Sat, 11 Jan 2020 19:09:57 GMT

KDC welcomes its two newest members:

Chad Jackson of Morgan & Akins, PLLC, Nashville, TN, is a graduate of the The University of Memphis Cecil C. Humphreys School of Law. Mr. Jackson practices in the areas of Auto, General Liability and Workers' Comp and is sponsored by KDC member Lauren Crosby Thompson.

Whitney Lynn Lucas of Morgan & Akins, PLLC, Lexington, is a graduate of the University of Kentucky Law School. Ms. Lucas practices in the areas of Appellate, Auto, Commercial, Employment, General Liability, Insurance Coverage, Premises Liability, Tort and Workers' Comp. She is sponsored by KDC member Lauren Crosby Thompson.

Send us Your Numbers!!

Kathi McKeown — Thu, 26 Dec 2019 18:13:12 GMT

KDC is participating in DRI's Golden Coat Drive. Simply send the number of coats you have donated during December 2019 to KY.Def.Csl@att.net and we will let our DRI Regional Vice President know the total number donated by KDC members! Please let us know no later than January 3, 2020.

Thanks for your participation in this event!

New Firm Info

Kathi McKeown — Thu, 26 Dec 2019 18:11:35 GMT

As of January 1, 2020, KDC members Mark Tawfik and Larry Church will merging their practice. They will now be practicing with Church Langdon Lopp Vanet Law in New Albany, Indiana.

DRI - Article by KDC Member, Gene Zipperle

Kathi McKeown — Tue, 26 Nov 2019 18:50:21 GMT

Did you get your most recent issue of DRI's For the Defense (Nov '19)? Check out page 28 where you'll see the article "Cross Indemnification Practices and Pitfalls" co-authored by KDC member, Gene Zipperle of Ward, Hocker & Thornton, LLP, Louisville.

KDC Positions for Tia Combs & Jarad Key

Kathi McKeown — Wed, 20 Nov 2019 19:22:17 GMT

KDC is pleased to announce that Tia Combs of Freeman, Mathis & Gray, LLP, Lexington began serving a two-year term as Chair of the YLS Committee effective November 15, 2019. Additionally, Jarad Key of Goldberg Simpson, LLC, Prospect, who just completed a two-year term as YLS Chair, will now begin serving as Chair of the Social/Community Outreach Committee.

Executive Committee Award

Kathi McKeown — Wed, 20 Nov 2019 19:13:04 GMT

KDC is pleased to announce that David Kramer of DBL Law, Crestview Hills, is the recipient of its Executive Committee Award. Dave has chaired the Amicus Committee for six years, having overseen the filing of 13 amicus briefs. Dave thanked those who have been involved in the process with him over the years, as well as all of those who have been involved in selecting and writing briefs. Congratulations to Dave on the well-deserved award.

KDC Announces 2019-20 Officers

Kathi McKeown — Wed, 20 Nov 2019 19:03:07 GMT

Effective November 15, 2019, the following individuals will serve as Officers of KDC.

President - Claire E. Parsons of Adams, Stepner, Woltermann & Dusing, PLLC, Covington

President-Elect - Paul T. Lawless of Bell Orr Ayers & Moore, PSC, Bowling Green

Vice President - Jason R. Coltharp of Whitlow, Roberts, Houston & Straub, Paducah

Secretary-Treasurer - Kristen Fowler of Napier Gault Schupbach & Stevens, PLC, Louisville

Immediate Past President - Darrin Banks of Porter, Schmitt, Bank & Baldwin, Paintsville

n

KDC Welcomes ...

Kathi McKeown — Wed, 20 Nov 2019 18:50:55 GMT

KDC welcomes its two newest members:

Ashley Paige Hoover of Taylor, Keller & Oswald, PLLC, London, graduated from the University of Kentucky College of Law. Ms. Hoover practices in the areas of Auto and Premises Liability. She is sponsored by KDC member, Clayton Oswald.

Renee Gibson Hoskins of Smith & Hoskins PLLC, Louisville, graduated from the University of Louisville Brandeis School of Law. Ms. Hoskins practices in the areas of Auto and General Liability. She is sponsored by KDC member, Gregory Smith.

KDC Welcomes Three New Members!

Kathi McKeown — Sat, 26 Oct 2019 20:12:28 GMT

KDC welcomes its three newest members:

Coleman Len Hellyer of Sewell & Neal, PLLC, Louisville is a graduate of the University of Notre Damage. Mr. Hellyer practices in the areas of Auto, Construction, Insurance, Premises and Trucking. He is a member of DRI and is sponsored by KDC member, Charles Walker.

John Davis Nicholas of O'Bryan, Brown & Toner, PLLC, Louisville, is a graduate of the University of Kentucky Law School. Mr. Nicholas practices in the areas of Medical Malpractice, Nursing Home, Premises Liability, Product Liability, Professional Liability, Tort & Workers' Compensation. He is sponsored by KDC member, Mary Beth O'Bryan.

John Forcht Stockley of O'Bryan, Brown & Toner, PLLC, Louisville, is a graduate of the University of Kentucky Law School. Mr. Nicholas practices in the areas of Auto, General Liability, Insurance Coverage, Medical Malpractice, Nursing Home, & Tort. He is sponsored by KDC member, Mary Beth O'Bryan.

Beth Lochmiller Wins DRI State Rep Award!

Kathi McKeown — Sat, 26 Oct 2019 16:39:53 GMT

KDC wishes to congratulate KDC's Past President, Beth Lochmiller, on receiving the DRI's Kevin P. Driskill Award for Outstanding State Representative. Beth was presented with the award at the 2019 DRI Annual Meeting Awards Dinner in New Orleans.

Congratulations KDC 2019 Award Recipients

Kathi McKeown — Tue, 15 Oct 2019 13:43:55 GMT

KDC is pleased to announce the following individuals were selected as this year's KDC award recipients:

Diplomat - James D. Harris of Kerrick Bachert, PSC, Bowling Green
Defense Lawyer of the Year - James A. Sigler of Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP, Paducah
Young Lawyer - James P. Landry of Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP, Paducah

These three individuals will be recognized at the KDC Awards Luncheon on November 15, held in conjunction with the KDC Fall Seminar.

CONGRATULATIONS TO EACH OF YOU!!

SCOKY Decisions Align with KDC Amicus Briefs

Kathi McKeown — Fri, 11 Oct 2019 18:28:18 GMT

Kentucky Defense Counsel is pleased to announce that two recent decisions of the Supreme Court of Kentucky aligned with amicus curiae briefs submitted by KDC.

Ashland Hospital Corp. v. Lewis , 2018-SC-276 (rendered 8/29/19), involved a medical malpractice claim in which the Court of Appeals reversed the trial court’s grant of summary judgment in favor of the physician and hospital defendants. The trial court had found that the plaintiff could not establish a prima facie case of negligence due to insufficient evidence of causation. The Court of Appeals reversed after concluding that expert testimony was not needed to support causation. The Supreme Court granted discretionary review, reversed the Court of Appeals, and reinstated the summary judgment in favor of the defendants after finding that causation evidence was necessary and that the doctrine of res ipsa loquitur did not apply. KDC’s amicus brief was authored by Melissa Thompson Richardson, Elizabeth Bass and Katie Haagen of WMR Defense. KDC members who successfully represented the defendants in the case were Mitchell Hall, Keri Hieneman and Alexis Orlando Gonzalez-Lopez of VanAntwerp Attorneys, LLP (counsel for Ashland Hospital), and Kenneth Williams, Jr., David Latherow and Geoffrey Marsh (counsel for Paul Wesley Lewis, M.D.). The decision was designated for publication in the South Western Reporter and became final on September 24, 2019.

In Waugh v. Parker, 2018-SC-405 (rendered 9/26/19), the Court ruled in favor of the defense in a landlord/tenant case and affirmed dismissal of the tenant’s personal injury claim under common law principles rather than permitting the plaintiff to assert a negligence per se claim premised on provisions of the Uniform Residential Landlord and Tenant Act. KDC’s amicus brief was authored by Joey Wright of Thompson Miller & Simpson PLC and Andrew Yocum of Kriz, Jenkins, Prewitt & Jones, PLC. KDC members who represented the defendants were Berlin Tsai and Joe Hummel of Lynch Cox Gilman & Goodwin, P.S.C. The decision was designated for publication in the South Western Reporter but is not final as of the date of this report.

Congratulations to all of the authors, and an additional thanks to the officers of KDC’s Amicus Committee who worked with them: David Kramer (Chair) and Aaron Silletto and Bill Orberson (Vice-Chairs).

Patrick D. Pace Joins KDC

Kathi McKeown — Fri, 11 Oct 2019 18:26:31 GMT

KDC welcomes its newest member:

Patrick D. Pace of Kamuf, Pace & Kamuf, Owensboro, is a graduate of the University of Kentucky College of Law. Mr. Pace practices in the areas of Civil Rights, Contract, Employment, General Liability, Municipal, Tort and Utilities. He is a member of DRI.

KDC Welcomes Three New Members

Kathi McKeown — Sat, 28 Sep 2019 20:02:46 GMT

KDC welcomes its three newest members:

Seth Thomas Church of Bell Orr Ayers & Moore, PSC, Bowling Green is a graduate of Emory University School of Law. Mr. Church practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Civil Rights, Commercial, General Liability, Government Entity, Premises Liability and Tort. He is sponsored by KDC Vice President, Paul Lawless.

Edward Tyler Suttle of Williams & Towe Law Group, PLLC, London is a graduate of the University of Dayton. Mr. Suttle practices in the area of insurance defense. He is sponsored by KDC member, John Kelly.

Jason Eric Williams of Williams & Towe Law Group, PLLC, London is a graduate of the University of Northern Kentucky Chase College of Law. Mr. Williams practices in the area of Tort, and is sponsored by KDC member, John Kelly.

NLRB - Decision Adoping 3 Part Test for Analyzing Bargaining Unit Scope Disputes

Kathi McKeown — Wed, 11 Sep 2019 19:37:58 GMT

NLRB Issues New Decision Adopting 3 Part Test for Analyzing Bargaining Unit Scope Disputes

September 11, 2019– Legal Alerts

Christopher M. Jones and Brian J. Moore/Dinsmore & Shohl, LLP

On Monday, Sept. 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company and International Association of Machinists and Aerospace Workers, adopting a three part test for determining whether a bargaining unit is appropriate under the analysis set forth in PCC Structurals, Inc., 365 NLRB 160 (2017). Applying the three part test, the NLRB reversed a regional director’s decision approving a petitioned-for unit because the unit did not share a community of interests and the unit’s interests were not distinct from excluded employees.

Background

On May 21, 2018, the NLRB regional director issued a Decision and Direction of Election finding that a petitioned-for unit at The Boeing Company’s (Employer) South Carolina production facility was appropriate under PCC Structurals, Inc. The petitioned-for unit consisted of two classifications of employees within the Employer’s production line of the 787 aircraft: flight-line readiness technicians (FRTs) and flight-line readiness technician inspectors (FRTIs). These classifications include approximately 178 of the 2,700 production and maintenance employees at the facility and are responsible for performing and inspecting various work on the Flight Line. On May 31, 2018, the election took place, and the petitioner prevailed. On June 12, 2018, the regional director issued a Certification of Representative, which the Employer opposed.

The NRLB Decision

On review, the NLRB determined the petitioned-for unit was inappropriate under the PCC Structurals, Inc. decision and reversed the decision of the regional director. The NLRB began by setting forth a three-step analysis for determining whether a petitioned-for unit is appropriate under the PCC Structurals, Inc. decision as follows: (1) the proposed unit must share an internal community of interest; (2) the interests of those within the proposed unit and the shared and distinct interests of those excluded from that unit must be comparatively analyzed and weighed; and (3) considerationConsideration of the board’s decisions on appropriate units in the particular industry involved. If the petitioned-for unit is found to be inappropriate at any step, the inquiry ends.

Applying the three part test, the NLRB determined the petitioned-for unit was inappropriate under steps one and two. First, the NLRB found the employees in the petitioned-for unit did not share a community of interest. In particular, the NLRB noted FRTs and FRTIs: (1) belong to separate departments; (2) do not share any supervision with each other; and (3) have fundamentally different job functions. Accordingly, the NLRB concluded there was no community of interest that would support a bargaining unit. Second, the NLRB determined the petitioned-for unit’s interests were not sufficiently distinct from the interests of the excluded employees to warrant a separate bargaining unit. In particular, the NLRB identified numerous similarities between FRTs, FRTIs, and the excluded employees, including: (1) FRTs and FRTIs are integrated into the production line with the excluded employees; (2) FRTs, FRTIs, and the excluded employees work together to produce a single product; and (3) FRTs and FRTIs are in the same departments as excluded employees. Further, the NLRB noted the distinguishing factors were largely insignificant in the context of collective bargaining. Overall, the NLRB concluded the interests shared by FRTs and FRTIs with excluded employees were far more significant than those that differentiated them.

Accordingly, the NLRB vacated the Certification of Representative and dismissed the petition.

IMPACT

It is important to note the foregoing opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. It may also be appealed to the appropriate U.S. court of appeals and, ultimately, to the U.S. Supreme Court.

The NLRB’s decision in The Boeing Company and International Association of Machinists and Aerospace Workers provides clear guidance on the process and factors for determining whether a petitioned-for unit is appropriate under the National Labor Relations Act and PCC Structurals, Inc. Further, the decision makes abundantly clear unions cannot isolate small subsections of a larger workforce to form bargaining units without good reason for doing so, i.e., unless the proposed group has its own community of interest and unique bargaining concerns.

For more information regarding compliance with this decision, please contact your Dinsmore labor attorney.

Mitch Hall & Olivia Amlung DRI Article

Kathi McKeown — Sun, 08 Sep 2019 19:20:23 GMT

For those of you who are members of DRI, turn to page 78 of the September 2019 edition of For the Defense where you will find an article authored by two KDC members: W. Mitchell Hall, Jr. (Immediate Past President of KDC) and Olivia Amlung. Great job to both Mitch and Olivia!

If you are not a member of DRI, you can download the article here. Using Int Ext Data.pdf After reading the article, we think you will be compelled to also join DRI. DRI is an international organization of civil defense attorneys that we align with as a state legal defense organization. Being a member of both organizations can be only a positive for your civil defense practice.

Bryce Cotton & Megan Jordan join KDC!

Kathi McKeown — Sun, 08 Sep 2019 18:26:06 GMT

KDC is pleased to welcome its two newest members:

Bryce L. Cotton of Blackburn Domene Burchett PLLC, Louisville is a University of Louisville Brandeis School of Law graduate. Mr. Cotton practices in the areas of Auto, General Liability, Medical Malpractice, Nursing Home, Premises and Tort. He is sponsored by KDC member, Katelyn C. Becker.

Megan E. H. Jordan of Brown & Breeding, PSC, London is a graduate of the University of Kentucky Law School. Ms. Jordan practices in the areas of Auto & Trucking. She is sponsored by KDC member, Bradford Breeding.

KDC Welcomes Two New Members!

Kathi McKeown — Wed, 21 Aug 2019 13:02:53 GMT

KDC is pleased to welcome:

Justin T. Baxter of Kinkead & Stilz, PLLC, Lexington. Mr. Baxter is a graduate of the Pace University School of Law and Practices in the areas of Appellate, Construction, Medical Malpractice, Professional Liability and Tort. He is a member of DRI and is sponsored by KDC member, Melanie Marrs Sublett.

Bryce C. Rhoades of Adams, Stepner, Woltermann & Dusing, PLLC, Covington. Mr. Rhoades is a graduate of the Chase College of Law and practices in the areas of Civil Rights, Government Entity, and Municipal law. He is sponsored by KDC President-Elect, Claire Parsons.

KDC Welcomes Two New Members

Kathi McKeown — Thu, 08 Aug 2019 20:17:57 GMT

KDC welcomes its two newest members.

Matthew Cook of Kerrick Bachert, PSC, Bowling Green is a graduate of the University of Louisville, Brandeis School of Law. Mr. Cook practices in the areas of Appellate, Bad Faith, Business Litigation, Civil Rights, General Liability, Government Entity, Insurance Coverage, Medical Malpractice, Municipal, Premises Liability, Product Liability and Tort. He is a member of DRI and is sponsored by Tom Kerrick.

Joshua Johnson of Piper & Bowers, PSC, Lexington is a graduate of the University of Kentucky Law School. Mr. Johnson practices in the area of Medical Malpractice and is sponsored by KDC member, Barbara Bowers.

KDC Welcomes Christopher Cotter

Kathi McKeown — Mon, 05 Aug 2019 18:26:55 GMT

KDC is pleased to welcome its newest member, Christopher E. Cotter of Roetzel & Andress, LPA, Akron, Ohio. Mr. Cotter is a graduate of the University of Dayton School of Law and practices in the area of Trucking. He is a member of DRI and sponsored by KDC member, Chad Sizemore.

Claire Parsons - Author in DRI's For the Defense July 2019 issue

Kathi McKeown — Sun, 04 Aug 2019 18:15:41 GMT

Okay DRI members, take our your latest copy of DRI's publication For the Defense, then turn to page 6. There is a terrific article written by KDC's 2018-19 President-Elect, Claire Parsons: Three Mindfulness Tools to Help You Care for Your Brilliant Legal Mind. Claire continually writes outstanding articles and it is a privilege to have her talent heavily involved at KDC.

Not a member of DRI? Here's a pdf of Claire's article Mindfulness Tools .pdf. To learn more about DRI, please contact Beth Lochmiller at blochmiller@clblaw.com or Todd Page at todd.page@skofirm.com. They will be more than happy to share with you the benefits of a DRI membership.

Tailgate with KDC!

Kathi McKeown — Sat, 03 Aug 2019 12:36:21 GMT

If you're planning to attend the University of Kentucky v. University of Florida football game on September 14th, please consider dropping by KDC's "tailgate booth" prior to entering the stadium, or watch the game with us in the booth. We will provide more detailed information once final plans are in place, i.e. location of booth, time, what to expect ...

While the event is complimentary, please register at Kentucky v. Florida Football Game so that we will have an estimate of individuals taking part in this social event.

Many thanks to the following law firms who have helped sponsor this event:

Adams, Stepner, Woltermann & Dusing, PLLC

Porter, Schmitt, Banks & Baldwin

VanAntwerp Attorneys

We look forward to seeing a lot of you there!

Award Nominations

Kathi McKeown — Sat, 03 Aug 2019 12:30:45 GMT

Our Awards Committee is standing by awaiting receipt of members' nominations for the following awards:

Diplomat (age 65 and over)
Defense Lawyer of the Year
Young Lawyer

Here is the form that should be completed (or just make sure all of the information requested is included in your typed document). KDC 2019 Award Nomination Form.pdf

Please make sure the individual being nominated is a member of KDC. That information can be found on the website.

Questions? Please contact the KDC office.

Free CLE Webinar (Live!)

Kathi McKeown — Sat, 03 Aug 2019 12:27:29 GMT

Even though its free for KDC members, please register at Live CLE -- Medical Literature: Developing a Scientific Defense & Offense

for KDC's August 21st webinar. The program, "Medical Literature: Developing a Scientific Defense and Offense" is being presented by Derek Holyoak of Exponent.

Non-KDC Members: $75

2019 DRI Annual Meeting - New Orleans

Kathi McKeown — Sat, 03 Aug 2019 12:23:29 GMT

Don't forget to register for the DRI 2019 Annual Meeting, October 16-19, 2019 in New Orleans, Louisiana. Lots of CLE, networking and traditional NOLA fun is in store. To learn more or to register, go to DRI.org. The venue for this year's meeting is the New Orleans Marriott.

KDC Welcomes --

Kathi McKeown — Wed, 31 Jul 2019 12:57:34 GMT

KDC welcomes its newest member, Morgan Kathleen Mottley of O'Bryan, Brown & Toner, PLLC, Louisville. Ms. Mottley is a University of Louisville Brandeis School of Law graduates and practices in the areas of Medical Malpractice and Nursing Home. She is sponsored by KDC member, Scott Burroughs.

KDC also welcomes back Laura E. Salzman of Roetzel & Andress, Cincinnati. Ms. Salzman is a University of Kentucky Law School graduate and practices in the areas of Auto, General Liability, Insurance, Premises, Tort & Trucking. She is sponsored by KDC member, Chad Sizemore.

KDC Welcomes Hilary Jarvis

Kathi McKeown — Mon, 29 Jul 2019 20:00:58 GMT

KDC is pleased to welcome its newest member, Hilary Jarvis of Banks Law Office, PLLC, Lexington. Ms. Jarvis is a University of Kentucky Law School graduate and practices in the areas of Appellate, Auto, Civil Rights, General Liability, Government Entity, Insurance Coverage, Municipal, Premises Liability, Property, Tort and Trucking. She is a member of DRI and is sponsored by KDC member, Estill D. Banks, II.

KDC Welcomes ...

Kathi McKeown — Mon, 22 Jul 2019 15:03:11 GMT

KDC welcomes its newest member:

Tyler M. Jolley of Roetzel & Andress, LPA, Cincinnati, OH is a University of Louisville, Brandeis School of Law graduate. Mr. Jolley practices in the areas of Auto, Bad Faith, Business Litigation, Commercial, Construction, Contract, Employment, General Liability, Insurance Coverage, Premises Liability, Product Liability, Tort & Trucking. He is a member of DRI and is sponsored by KDC member, Chad Sizemore.

Lawyers Mutual Name Change

Kathi McKeown — Mon, 17 Jun 2019 14:01:06 GMT

We received notice that Lawyers Mutual Insurance Company of Kentucky will now be known as Lawyers Mutual of Kentucky.

Doug Hoots --

Kathi McKeown — Mon, 17 Jun 2019 14:00:29 GMT

KDC member, Doug Hoots, is now practicing with Miller Griffin & Marks in their Lexington office.

KDC welcomes ...

Kathi McKeown — Fri, 03 May 2019 14:31:10 GMT

KDC welcomes its newest member, Morgan Blind of O'Bryan, Brown & Toner, Louisville. Ms. Blind is a graduate of the University of Louisville Brandeis School of Law and practices in the area of Medical Malpractice. She is sponsored by KDC member, Mary Beth O'Bryan.

Defense Verdicts --

Kathi McKeown — Sun, 31 Mar 2019 15:45:28 GMT

KDC Members -- Don't forget to send your defense verdicts, along with photos, to the KDC office by May 1, 2019. We look forward to sharing your news with other members of KDC, the Kentucky judiciary and leadership in various other states.

DRI Diversity Scholarship

Kathi McKeown — Sat, 30 Mar 2019 16:31:13 GMT

If you know any law students that would qualify for this scholarship, please let them know about this great opportunity!

2019 Law Student Diversity Scholarship -

Deadline Extended to April 8!

DRI announces its annual Law Student Diversity Scholarship Program, open to rising (2019–20) second- and third-year African American, Hispanic, Asian, Native American, LGBT, and multi-racial students. All rising second- and third-year female law students are also eligible, regardless of race or ethnicity. Any other rising second- and third-year law students who come from backgrounds that would add to the cause of diversity, regardless of race or gender, are eligible to apply. Students who are members of the American Association for Justice (AAJ), law school or law student members of AAJ, or students otherwise affiliated with or employed by AAJ are not eligible for DRI Law Student Diversity Scholarships.

To qualify for this scholarship, a candidate must be a full-time student. Evening students also qualify for consideration if they have completed one-third or more of the total credit hours required for a degree by the applicant’s law school. The goal of these scholarships is to provide financial assistance to two worthy law students from ABA-accredited law schools to promote, in a tangible way, the DRI Diversity Statement of Principle. See the last page of the application for the DRI Diversity Statement.

Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:

Demonstrated academic excellence
Service to the profession
Service to the community
Service to the cause of diversity

Applications and all other requested materials must be received by April 8, 2019. Click here to access the 2019 Law Student Diversity Scholarship application. The 2019 Law Student Diversity Scholarship winners will be notified in advance and and the awards presented at the DRI Diversity for Success Seminar and Corporate Expo, June 19-21 at the Sheraton New Orleans.

KDC Welcomes Two New Members!

Kathi McKeown — Sat, 30 Mar 2019 16:24:07 GMT

KDC is pleased to welcome its two newest members:

Betsy Ryan Catron of Ward Hocker & Thornton, PLLC, Lexington is a graduate of the Salmon P. Chase College of Law. Ms. Catron practices in the area of insurance defense work, and is sponsored by KDC Membership Chair, Ashley Brown.

Lauren L. Thompson of Phillipz, Parker, Orberson & Arnett PLC, Lexington is a graduate of the University of Kentucky School of Law. Ms. Thompson practices in the area of insurance defense work, and is sponsored by KDC Jessica Droste.

2019 Spring Seminar a HUGE Success!

Kathi McKeown — Sun, 17 Mar 2019 18:39:40 GMT

Many thanks to the many participants in the KDC 2019 Spring Seminar. Keeneland was a perfect venue for this year's event. (And what great food!) Thanks to Claire Parsons and Jarad Key for putting together such a great program! And thanks to everyone who brought non-perishable food to be donated to God's Pantry in Lexington. Thanks to our speakers and sponsors -- Zach Berry, David Cades, Christy Cloninger, Michelle Coughlin, Claire Parsons, Tim Potter, Robyn Smith and Alex White -- for assisting us in making it a success.

2019 Fall Seminar, Annual Meeting and Awards Luncheon is scheduled for November 14 & 15 at the Louisville Marriott East. And don't forget our CLE programs.

We look forward to seeing you soon!

KDC's Newest Member!

Kathi McKeown — Wed, 13 Mar 2019 15:19:50 GMT

KDC is pleased to welcome Ryan Galloway of Bell, Orr, Ayers & Moore, PSC, Bowling Green. Mr. Galloway is a graduate of the University of Kentucky Law School and practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Contract, Education, Employment, General Liability, Insurance Coverage, Premises Liability, Tort and Utilities. He is sponsored by KDC Vice President, Paul Lawless.

KDC Members -- Everywhere!

Kathi McKeown — Mon, 11 Mar 2019 14:17:22 GMT

Have you received the latest edition of DRI's publication For the Defense? If so, check out all of the articles pertaining to or written by KDC members:

Page 4 -- Gerry Toner of O'Bryan, Brown & Toner, Louisville is recognized for currently serving as the President of the Louisville Bar Association.
Page 8 -- An article written by KDC President-Elect, Claire Parsons of Adams, Stepner, Woltermann & Dusing, Covington: The Introvert Lawyer's Guide to Networking. Claire will also be presenting an ethics program at KDC's seminar this coming Friday, Mindfulness for Lawyers.
Page 50 -- An article written by KDC Director, Guy Hughes of Casey, Bailey & Maines, Lexington: From Initial Investigation Trial.
Page 83 -- Thanks to everyone who has sponsored the eight new DRI members.

And we would be remiss if we didn't mention our good friend in Indianapolis:

Page 12 -- An article written by John Trimble of Lewis Wagner, Indianapolis: Tactics for Negotiation.

We appreciate each and everyone of you for your great representation for the KDC!

KY Law Students -- DRI Diversity Scholarship

Kathi McKeown — Sun, 10 Mar 2019 17:10:25 GMT

2019 Law Student Diversity Scholarship

Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:

Demonstrated academic excellence
Service to the profession
Service to the community
Service to the cause of diversity

Applications and all other requested materials must be received by April 1, 2019. Click here to access the 2019 Law Student Diversity Scholarship application. The 2019 Law Student Diversity Scholarship winners will be notified in advance and and the awards presented at the DRI Diversity for Success Seminar and Corporate Expo, June 19-21 at the Sheraton New Orleans.

Scott Guenther joins KDC!

Kathi McKeown — Thu, 07 Mar 2019 17:44:16 GMT

KDC welcomes its newest member, Scott Guenther of Adams, Stepner, Woltermann & Dusing, PLLC, Covington. Mr. Guenther is a University of Kentucky College of Law graduates and practices in the area of Workers' Compensation. Mr. Guenther is sponsored by KDC Director, Jeff Mando.

KDC Welcomes Two New Members --

Kathi McKeown — Fri, 01 Mar 2019 18:07:28 GMT

KDC welcomes its two newest members:

Michael Joseph LaCourse of Sturgill, Turner, Barker & Moloney, PLLC, Lexington is a graduate of the University of Kentucky School of Law. Mr. LaCourse practices in the areas of Appellate, Auto, General Liability, Insurance, Premises and Torts. He is a member of DRI and is sponsored by KDC Director, Andrew DeSimone.

Taylor Margaret Shepherd of Ward, Hocker & Thornton PLLC, Lexington is a graduate of Capital University Law School. Ms. Shepard practices in the area of insurance coverage. She is sponsored by KDC Member, Ashley Brown.

KDC Welcomes Six New Members

Kathi McKeown — Tue, 26 Feb 2019 20:02:24 GMT

KDC welcomes the following attorneys to its membership:

Licha H. Farah of Ward, Hocker & Thornton, Lexington is a graduate of the University of Kentucky College of Law. Mr. Farah practices in the areas of Auto, General Liability, Municipal and Premises. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

Brian Michael Gudalis of Ward, Hocker & Thornton, Lexington is a graduate of the Regent University. He practices in the areas of Auto, Business Litigation, Commercial, Insurance, and Nursing Home. He is sponsored by KDC member, Ashley Brown.

George Bowling Hocker of Ward, Hocker & Thornton, Lexington is a graduate of the University of Kentucky College of Law. Mr. Hocker practices in the areas of Auto, General Liability, Insurance, Premises, Product Liability, Tort & Trucking. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

John O. Hollon of Ward, Hocker & Thornton, Lexington is a graduate of the University of Kentucky College of Law. Mr. Hollon practices in the areas of Auto, General Liability, Insurance, Medical Malpractice and Tort. He is sponsored by KDC member, Ashley Brown.

Maxwell David Smith of Ward, Hocker & Thornton, Lexington is a graduate of Samford University. Mr. Smith practices in the areas of Auto, General Liability, Municipal, Premises, Tort & Trucking. He is sponsored by KDC member, Ashley Brown.

Donald Cameron Walton of Ward, Hocker & Thornton, Lexington is a graduate of the University of Kentucky College of Law. Mr. Walton practices in the area of Workers' Compensation. He is sponsored by KDC member, Ashley Brown.

Amicus Filed - Waugh v. Parker

Kathi McKeown — Sun, 24 Feb 2019 16:13:44 GMT

KDC wishes to thank the authors of the most recent KDC amicus curiae brief, Joey Wright of Thompson Miller & Simpson PLC, and Andrew Yocum of Kriz, Jenkins, Prewitt & Jones, P.S.C. They co-authored the amicus brief to the Kentucky Supreme Court in the case of Waugh v. Parker, which deals with possible expansion of the Uniform Residential Landlord Tenant Act. In that case the tenant fell off her porch when a railing gave way, and then brought a negligence per se claim against her landlords for their alleged failure to comply with Louisville housing codes as required by URLTA. But does URLTA allow such a cause of action? The Court of Appeals said no.

KDC also wishes to thank the Amicus Committee Chair, David Kramer of Dressman Benzinger LaVelle psc, and Vice-Chairs, Aaron Silletto of Goldberg Simpson LLC, and Bill Orberson of Phillips Parker Orberson & Arnett, PLC, for their continuing work on behalf of the civil defense bar of Kentucky.

Congratulations to Todd Page & Beth Lochmiller --

Kathi McKeown — Sat, 23 Feb 2019 16:43:32 GMT

Congratulations to Todd Page, DRI Membership Chair, and Beth Lochmiller, DRI State Rep, for being recognized at the DRI Leadership meetings held in Chicago in early January. Todd was recognized for his extraordinary efforts in bringing in new members, and Beth was recognized for having met or exceeded the 2018 recruitment goals. Way to go Beth & Todd! (See page 7 of the February 2019 issue of For the Defense)

KBA Diversity Program

Kathi McKeown — Sat, 23 Feb 2019 15:07:03 GMT

The Kentucky Bar Association cordially invites you to participate in the third biennial Diversity and Inclusion Summit on Friday, March 22, 2019, at the Northern Kentucky Convention Center.

Thanks to the hard work of our Diversity and Inclusion Summit Chairs Roula Allouch and Ken Gish, and their planning committee, we are fortunate to have attracted an outstanding lineup of distinguished and learned professionals to address the summit. We encourage your participation in this significant event. We look forward to working with attorneys across the state, as we explore the full meaning of diversity and its relationship to the rule of law.

Diversity brings a wide range of viewpoints to any situation, and that’s good for the legal profession, for the pursuit of justice, and for communities throughout the Commonwealth and beyond. Through this summit, we hope to provide:

practical ideas for the creation of diversity and inclusion programs;
assist management and other administrators with handling of diversity issues;
and empower attorneys from diverse backgrounds to work through these same issues to become successful contributors in their place of employment.

The Summit will also seek to encourage young people from diverse backgrounds to become lawyers and practice law in Kentucky. In conjunction with the Summit, on Thursday, March 21, 2019, we are hosting a pipeline program that will bring high school students from diverse backgrounds to Covington to learn more about the legal profession.

To view the brochure: https://cdn.ymaws.com/www.kybar.org/resource/resmgr/diversity_summit/2019/2019DiversityInclusionSummit.pdfTo

To register: https://www.kybar.org/events/register.aspx?id=1188921&itemid=6f84e3af-7e40-4fdd-b137-91e426aaa0a4

Join us as we explore the promise of increased diversity in the legal profession.

DRI Diversity Scholarship

Kathi McKeown — Thu, 21 Feb 2019 14:46:53 GMT

DRI announces its annual Law Student Diversity Scholarship Program, open to rising (2019–20) 2nd & 3rd year African American, Hispanic, Asian, Native American, LGBT, and multi-racial students. All rising 2nd & 3rd year female law students are also eligible, regardless of race or ethnicity. Any other rising 2nd & 3rd year students who come from backgrounds that would add to the cause of diversity, regardless of race or gender, are eligible to apply. Students who are members of the American Association for Justice (AAJ), law school or law student members of AAJ, or students otherwise affiliated with or employed by AAJ are not eligible for DRI Law Student Diversity Scholarships.

Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:

Demonstrated academic excellence Service to the profession
Service to the community
Service to the cause of diversity

Applications and all other requested materials must be received by April 1, 2019. To qualify for this scholarship, a candidate must be a full-time student. Evening students also qualify for consideration if they have completed one-third or more of the total credit hours required for a degree by the applicant’s law school. Visit dri.org for more information.

Please consider contacting individuals you may know at the various Kentucky law schools to advise them of this opportunity. We would love a Kentucky law school student to be a recipient!

Amicus Brief Opinion

Kathi McKeown — Fri, 15 Feb 2019 12:00:27 GMT

Kentucky Supreme Court aligns with KDC amicus brief position on supplementation of expert disclosures

In a decision issued on February 14, 2019, the Supreme Court of Kentucky held in Oliphant v. Ries, 2017-SC-208, that a litigant is not obligated to supplement a CR 26 expert witness disclosure with opinions previously provided by the litigant’s expert witness in a deposition. In reversing the Court of Appeals on that issue, the Supreme Court’s opinion aligned with the position urged on the Court by a KDC amicus curiae brief authored by KDC Amicus Committee Chair David Kramer and his colleague Michael Enzweiler of Dressman Benzinger LaVelle psc. Counsel for the successful appellants were Gerald Toner, Katherine, Vesely and Whitney Kramer of O’Bryan, Brown & Toner, PLLC. The decision was designated for publication in the South Western Reporter.

Kentucky Supreme Court Strikes Down Medical Review Panels

Kathi McKeown — Thu, 14 Feb 2019 21:48:15 GMT

BREAKING NEWS FOR KENTUCKY MED MAL ATTORNEYS -- SCOKY has DENIED the petition for rehearing in the MRP Act case. What this means: (1) The SCOKY opinion is now final and the MRP Act is officially dead; and (2) questions about the SOL, equitable tolling, and applicability of the Savings Statute will be decided by the circuit courts on a case-by-case basis.

Another Amicus filed ...

Kathi McKeown — Thu, 14 Feb 2019 15:28:59 GMT

KDC wishes to thank the authors of several amicus curiae briefs named below for their volunteer assistance in researching and writing amicus briefs on behalf of KDC. Also thanks to Amicus Committee Chair David Kramer and Vice-Chairs Aaron Silletto and Bill Orberson for extra effort in planning for and reviewing the KDC amicus briefs. Briefs have been filed in the following matters:

Merritt v. CHI -- Matter involves whether entities that are self-insured through captives (and potentially other self-insureds) are subject to the Unfair Claims Settlement Practices Act. KDC’s brief was prepared and filed by Bill Orberson and John Phillips of Phillips Parker Orberson & Arnett PLC, Louisville.
Maguire v. Crook – Matter involves the level of evidence needed to support recovery of emotional distress damages. KDC’s brief was prepared and filed by Joey Wright of Thompson Miller & Simpson PLC, Louisville, and Michael Risley and Demetrius Holloway of Stites & Harbison PLLC, Louisville.
Ries v. Oliphant – Matter involves the duty to supplement a Rule 26.02 expert witness disclosure with an expert’s testimony given in a discovery deposition. KDC’s brief was prepared and filed by David Kramer and Michael Enzweiler of Dressman Benzinger LaVelle psc, Crestview Hills.
Shackelford v. Lewis – Matter involves the reasonable medical probability proof standard and the need for expert causation testimony in medical negligence cases. KDC brief was prepared and filed by Melissa Richardson, Elizabeth Bass and Katie Haagen of WMR Defense, Lexington.

New Firm --

Kathi McKeown — Mon, 11 Feb 2019 18:55:03 GMT

KDC member, Andrew Pellino, is now practicing with Dressman Benzinger Lavelle psc in their Louisville office.

New Director for District 1

Kathi McKeown — Mon, 11 Feb 2019 16:59:53 GMT

The KDC Board of Directors approved the nomination of David T. Riley of Bradley, Freed & Grumley, P.S.C., Paducah as Director for District 1. David fills the Director position left vacant by Jason Coltharp, who is now serving as Secretary-Treasurer of KDC.

The Board looks forward to having David serve in this position.

Three amicus briefs filed in early January 2019 --

Kathi McKeown — Tue, 22 Jan 2019 19:27:20 GMT

KDC wishes to thank the Amicus Committee, Dave Kramer, Bill Orberson and Aaron Silletto, for extra effort put into reviewing and planning for recent amicus briefs filed on behalf of KDC. Briefs have been filed in the following matters:

Maguire v. Cook– Matter involves the level of evidence needed to support recovery of emotional distress damages. Prepared and filed by Joey Wright of Thompson Miller & Simpson, Louisville and Michael Risley of Stites & Harbison, Louisville.
Ries v. Oliphant– Matter involves Rule 26.02 expert witness disclosure. Prepared and filed by Michael Enzweiler of Dressman Benzinger LaVelle psc, Crestview Hills.
Shackelford v. Lewis– Matter involves medical malpractice case in which the COA reversed the trial court’s decision in favor of a hospital and the Supreme Court of Kentucky granted discretionary review involving the reasonable medical probability proof standard and the need for expert causation testimony. Prepared and filed by Melissa Richardson of Walters Richardson, PLLC d/b/a WMR Defense, Lexington.

Many thanks to those of you who alerted us to the matters and to Joey, Michael, Michael and Melissa for their time spent preparing the amicus. It is greatly appreciated.

Mark A. Osbourn --

Kathi McKeown — Mon, 21 Jan 2019 14:48:51 GMT

KDC is pleased to welcome its newest member, Mark A. Osbourn of Bush & Osbourn, PLLC, Louisville. Mr. Osbourn is a University of Louisville Brandeis school of law graduate and practices in the areas of Civil Rights, Government, Insurance, Municipal and Tort. Mr. Osbourn is a member of DRI and is sponsored by KDC member, John M. Bush.

KDC Welcomes Two New Members --

Kathi McKeown — Fri, 04 Jan 2019 17:44:29 GMT

KDC is pleased to welcome the newest members of KDC:

Aziza A. Jones of Landrum & Shouse LLP, Lexington is a graduate of the Western New England University School of Law, Springfield, Massachusetts. Ms. Jones practices in the areas of Civil Rights, Commercial and Product Liability. She is a member of DRI and sponsored by KDC member, Jeffrey Taylor.

Heather P. Howell of Landrum & Shouse LLP, Lexington is a graduate of the University of Kentucky College of Law. Ms. Howell practices in the areas of Civil Rights, Commercial, Insurance, and Product Liability. She is a member of DRI and sponsored by KDC member, Jeffrey Taylor.

Webinar -- Freedom of Speech in the Workplace

Kathi McKeown — Wed, 19 Dec 2018 21:18:39 GMT

Join KDC for its webinar Freedom of Speech in the Workplace, to be presented by Bryan Beaumann of Sturgill, Turner, Barker & Moloney, PLLC, Lexington at 10:00 a.m. eastern time February 27, 2019. Click here to register Events. $15 for KDC members and their staff, $60 for non-KDC members.

Application for 1.0 hour of CLE has been made to the Kentucky Bar Association.

New Firms --

Kathi McKeown — Wed, 19 Dec 2018 16:41:37 GMT

Blake Nolan and James Taylor are now working at the Lexington office of Gess Mattingly & Atchison, PSC.

Megan George is now working at the Lexington office of Stites & Harbison.

Noelle B. Haegele is now with Phillips Parker Orberson & Arnett PLC in Louisville.

Zachary Sosnovich newest KDC Member

Kathi McKeown — Wed, 12 Dec 2018 14:14:35 GMT

KDC welcomes its newest member, Zachary M. Sosnovich. Mr. Sonovich practices with the firm of Porter, Banks, Baldwin & Shaw PLLC in their Lexington office in the areas of Auto, Bad Faith, Commercial, Insurance, Medical Malpractice, Professional Liability, and Tort. He is sponsored by KDC President, Darrin Banks.

DRI Submits re Rule 30(b)(6) Changes to Rules

Kathi McKeown — Tue, 27 Nov 2018 14:06:47 GMT

DRI Submits Official Comments to Advisory Committee's Proposed Changes to Rule 30(b)(6). Please see link below for more details.

http://www.dri.org/docs/default-source/webdocs/news/dri-comment---rule-30(b)(6)---final.pdf?sfvrsn=4

DRI Submits re Rule 30(b)(6) Changes to Rules

Kathi McKeown — Tue, 27 Nov 2018 14:03:51 GMT

DRI Submits Official Comments to Advisory Committee's Proposed Changes to Rule 30(b)(6). Please see link below for more details.

www.dri.org/docs/default-source/webdocs/news/...

Olivia Holbrook & Thomas Walsh Newest KDC Members!

Kathi McKeown — Sun, 28 Oct 2018 15:24:49 GMT

KDC welcomes it two newest members:

Olivia Dawn Holbrook of VanAntwerp Attorneys, Ashland, Kentucky, is a graduate of the University of Northern Kentucky Chase College of Law. Ms. Holbrook practices in the areas of Employment and Medical Malpractice and is sponsored by KDC President, Mitch Hall.

Thomas Christopher Walsh of Ward, Hocker & Thornton PLLC, Louisville, is a University of Louisville Brandeis School of Law graduate. Mr. Walsh practices in the areas of Auto and Insurance, and is sponsored by Rebecca Burroughs.

New KDC Member!

Kathi McKeown — Mon, 15 Oct 2018 17:30:36 GMT

KDC is pleased to welcome Bradley Atzinger of Ward, Hocker & Thorton, PLLC, Louisville as its newest member. Mr. Atzinger is a University of Kentucky Law School graduate and practices in the areas of Auto, Business Litigation, Insurance Coverage, Tort & Trucking. He is sponsored by KDC member, Rebecca Burroughs.

Deborah Campbell Myers joins KDC --

Kathi McKeown — Wed, 03 Oct 2018 11:56:06 GMT

KDC is pleased to welcome its newest member, Deborah Campbell Myers of Dilbeck & Myers PLLC, Louisville. Ms. Myers is a graduates of the University of Louisville Brandeis School of Law and practices in the areas of Appellate, Auto, General Liability, Insurance Cover & Subrogation, Premises Liability, Property and Tort. She is sponsored by KDC member, David Harris.

New Firm for Jessica Stigall

Kathi McKeown — Fri, 21 Sep 2018 19:40:11 GMT

Jessica Stigall is now practicing with Sturgill, Turner, Barker & Moloney, PLLC, Lexington.

New Firm Name

Kathi McKeown — Fri, 21 Sep 2018 18:56:17 GMT

Kelley, Brown & Breeding, London, is now known as Brown & Breeding, PSC.

KDC Welcomes Three New Members

Kathi McKeown — Fri, 31 Aug 2018 16:04:26 GMT

KDC is pleased to welcome its three newest members:

Colleen Davis of Phillips, Parker, Orberson & Arnett, Louisville, KY is a graduate of Washington University in St. Louis. Ms. Davis practices in the areas of Contract, Employment, Medical Malpractice and Premises Liability. She is sponsored by KDC Past President Beth Lochmiller.

Joseph P. Hummel of Lynch Cox Gilman and Goodman, PSC, Louisville is a graduate of the University of Kentucky Law School. Mr. Hummel practices in the areas of Appellate, Auto, Construction, Contract, General Liability, Insurance, Premises, Product Liability and Trucking. He is a member of DRI and is sponsored by KDC member, Pete Sewell.

Berlin Tsai of Lynch Cox Gilman and Goodman, PSC, Louisville is a graduate of the University of Louisville Brandeis School of law. Mr. Tsai practices in the areas of Auto, Construction, Insurance, Premises, Product Liability, Tort and Trucking. He is sponsored by KDC member, Pete Sewell.

Firm Name Change

Kathi McKeown — Mon, 20 Aug 2018 20:47:23 GMT

The firm of Miller Wells, PLLC is now known as Miller Edwards Rambicure PLLC.

Moving on --

Kathi McKeown — Mon, 06 Aug 2018 17:39:05 GMT

S. Rob Hickey is now practicing with Kopka Pinkus Dolin, Louisville.

Bradly E. Moore is now practicing with Kopka Pinkus Dolin, Lexington. Mr. Moore serves as Managing Partner.

Asa P. "Pete" Gullett Retiring

Kathi McKeown — Mon, 06 Aug 2018 14:39:00 GMT

KDC wishes to congratulate our good friend, Pete Gullett of Lawyers Mutual Insurance Company of Kentucky on his upcoming retirement. Pete, among many other great things, has presented many CLE hours to many KDC members. We wish the best and many happy times to Pete when his official retirement day arrives.

If interested, gifts in the form of a donation in honor of Pete may be made to the Kentucky Lawyer Assistance Program.

Congratulations to Douglas C. Ballantine!

Kathi McKeown — Mon, 06 Aug 2018 14:08:44 GMT

Congratulations to KDC member, Douglas C. Ballantine of Stoll Keenon Ogden, PLLC, Louisville, who is now serving as President of the Kentucky Bar Association. KDC wishes Doug the best during his term. Doug is the son of KDC Past President, Jack Ballantine.

Congratulations to Bob Hoffer!

Kathi McKeown — Mon, 06 Aug 2018 13:53:43 GMT

KDC Past President, Bob Hoffer, a partner with Dressman, Benzinger & LaVelle, Crestview Hills, has been recognized the Kenton County Fiscal Court as one of its 2018 Pioneer Award honorees. The award was established in 2017 to honor living residents of Kenton County who have a record of outstanding service to the community and who exemplify the highest standards of personal integrity.

For those of us who have had the privilege of knowing and/or working with Bob, we know this is a well-deserved honor.

Congratulations to Casey Stansbury!

Kathi McKeown — Mon, 06 Aug 2018 13:51:12 GMT

Congratulations to KDC member, Casey Stansbury, who was named as a Director for the Federation of Defense & Corporate Counsel at its Annual Meeting last week in Maui. Casey also served as President of KDC from 2013-14.

Moving on --

Kathi McKeown — Wed, 01 Aug 2018 13:17:27 GMT

KDC member Cassandra Jane Wiemken is now working with the U.S. Attorney's Office Eastern District of Missouri in St. Louis.

KDC member Kelley M. Rule is now working with Boehl, Stopher & Graves, LLP in their Louisville office.

Award Nominations for 2018

Kathi McKeown — Tue, 31 Jul 2018 15:51:25 GMT

Don't forget to submit your nominations for the 2018 KDC member awards by August 15.

Go to Events to nominate an individual online or download this form KDC Awards Nomination Form 2018.docx and mail it to the KDC office.

KDC has SO MANY great attorneys. Let's show our appreciation for their hard work and efforts.

New Contact Info --

Kathi McKeown — Mon, 02 Jul 2018 14:52:12 GMT

Miranda Click and Trent Robinson are now practicing at East Kentucky Law Group in Pikeville.

Max S. Hartz

Kathi McKeown — Mon, 02 Jul 2018 14:34:47 GMT

Max S. Hartz is now practicing at Max S. Hartz, PLLC, Owensboro.

New Firm Name

Kathi McKeown — Fri, 29 Jun 2018 18:48:20 GMT

The Lexington law office of Miller Wells is now known as Miller Edwards Rambicure PLLC.

Sam Carter - New Contact Info

Kathi McKeown — Fri, 22 Jun 2018 19:31:17 GMT

KDC Member Sam Carter is now practicing with Kentucky River Properties, LLC, Hazard, Kentucky.

Congratulations to Scott & Rebecca!

Kathi McKeown — Thu, 21 Jun 2018 17:12:42 GMT

Congratulations to KDC members, Scott Burroughs of O'Bryan, Brown & Toner, Louisville, and Rebecca Burroughs of Ward, Hocker & Thornton, Louisville who are now know as Mr. & Mrs. Scott Burroughs.

Join KDC's Simple Lists (Members Only)

Kathi McKeown — Mon, 11 Jun 2018 18:39:35 GMT

After review of several member email services, such as ListServ, the Board of KDC opted to go with Simple Lists. All KDC members were emailed an invitation to join this email service. If you did not receive an invite and are interested in participating in this members only email service, please send an email to KY.Def.Csl@att.net and an email will be forwarded to you as follows:

This is a request to join the mailing list ky-defense@simplelists.com. If you would like to subscribe, please follow the link below: [LINK PROVIDED]

After clicking on the link, you will receive the following message:

Success

Thank you, your email address has been confirmed and is now a member of the account.

To send an email to those KDC members who have joined Simple Lists, go to email and in the To: line, type ky-defense@simplelists.com, add your subject, and then type your email. Once ready, hit Send.

Please note: This program can be used only if your email address has been confirmed. We strongly encourage all members' participation in this email service to make it work efficiently.

Moving On --

Kathi McKeown — Mon, 11 Jun 2018 17:47:05 GMT

Perry Adanick is now practicing with Rolfes Henry Co., LPA, Louisville.

Megan George is now practicing with Stites & Harbison, PLLC in their Lexington office.

Michael Hornback is now practicing with Littler Mendelson PSC, Lexington.

Matt Swafford is now practicing with Tachau Meek PLC, Louisville.

Samantha Sycks & Keri Hieneman join KDC!

Kathi McKeown — Wed, 06 Jun 2018 18:18:25 GMT

KDC is pleased to welcome its two newest members:

Keri E. Hieneman of VanAntwerp Attorneys, Ashland, Kentucky. Ms. Hieneman graduated from the University of Louisville, Brandeis School of Law and practices in the areas of Appellate, Auto, Business Litigation, Contract, Education, General Liability, Insurance Coverage, Medical Malpractice, Premises Liability, Professional Liability, Tort and Workers' Comp. She is sponsored by KDC President, Mitch Hall.

Samantha Fields Sycks of VanAntwerp Attorneys, Ashland, Kentucky. Ms. Sycks graduated from the University of Cincinnati, College of Law and practices in the areas of Appellate, Business Litigation, Commercial, Construction, Contract, Education, Employment, General Liability, Medical Malpractice, Nursing Home, Premises Liability, Property and Tort. She is sponsored by KDC President, Mitch Hall.

DRI & KDC - Ethics Webinar Presentation

Kathi McKeown — Fri, 01 Jun 2018 17:11:32 GMT

Join DRI & KDC and June 21 at 12:30 p.m. eastern time for Security is Only as Good as the Weakest Link: Legal Tech Security Measurers Every Lawyer Must Take. Barron Henley of Affinity Consulting will be presenting this 1.0 hour program.

Model Rule 16(c) stipulates that a lawyer must make reasonable efforts to prevent the disclosure of confidential client information. The comments to Rule 1.6 require lawyers to act competently to safeguard client information, and use reasonable safety precautions when transmitting a client communication. The exact meanings of "reasonable efforts," "act competently," and "reasonable precautions" may be subject to debate. However, doing nothing certainly won't see nth standard. The good news is that you don't have to be a security expert or a techie to protect yourself and your office.

For more information on the program and for information on registering, click on this link. 06-21-18 Security Is Only as Good as the Weakest Link.pdf

KDC Welcomes Its Newest Member --

Kathi McKeown — Wed, 25 Apr 2018 15:33:05 GMT

KDC is pleased to welcome Janet Luo of Sturgill, Turner, Barker & Moloney, PLLC, Lexington. Ms. Luo is a graduate of the University of Minnesota School of Law and practices in the areas of Appellate, Bad Faith, Government Entity, Medical Malpractice and Tort. She is a member of DRI and is sponsored by KDC Past President, Pat Moloney.

Olivia Amlung joins KDC --

Kathi McKeown — Tue, 17 Apr 2018 12:56:49 GMT

KDC welcomes its newest member Olivia Flora Amlung of Adams, Stepner, Woltermann & Dusing, PLLC, Covington. Ms. Amlung is a University of Cincinnati College of Law graduate and practices in the areas of Auto, Government, Insurance, and Tort. She is sponsored by KDC Vice President, Claire Parsons.

KDC Welcomes Jordan White

Kathi McKeown — Sun, 15 Apr 2018 15:03:42 GMT

KDC is pleased to welcome it newest member, Jordan Michael White of Wyatt, Tarrant & Combs, LLP, Louisville. Mr. White is a graduate of the University of Louisville Brandeis School of Law and practices in the areas of Business Litigation, Commercial, Employment, General Liability and Tort. He is sponsored by KDC member, Donald Kelly.

You Asked For It, We Got It

Kathi McKeown — Mon, 09 Apr 2018 16:42:23 GMT

In the Fall 2017 member survey, many KDC members requested a "ListServ" type program. With many thanks to KDC Secretary-Treasurer, Paul Lawless, and his firm's IT guru, John Mitchell, we have now set-up an email list which all KDC members may use to communicate. This will be used instead of the need to go through the KDC office, and will help expedite responses. Four-five administrators will be available to review the email requests and approve them for immediate distribution. All KDC members have been sent a link to confirm their inclusion on the list.

We plan to review the use of this program in 6-8 months to determine its usage. If the demand is there, we will look into adding additional groups, such as "Medical Malpractice", "Workers' Comp", "Young Lawyers", "Publication Committee" ...

Chad Propst & Joey Wright join KDC!

Kathi McKeown — Mon, 09 Apr 2018 16:37:17 GMT

KDC welcomes the following new members:

Chad O. Propst of Thompson Miller & Simpson PLC, Louisville is a University of Louisville Brandeis School of Law graduate. Mr. Propst practices in the areas of Appellate, Business Litigation, Medical Malpractice, Professional Liability and Tort. He is sponsored by KDC Past President, Brad Hume, and is a member of DRI.

Joey A. Wrightof Thompson Miller & Simpson PLC, Louisville is a University of Kentucky Law School graduate. Mr. Wright practices in the areas of Appellate, Business Litigation, Medical Malpractice, Professional Liability and Tort. He is sponsored by KDC Past President, Brad Hume, and is a member of DRI.

Three New KDC Members!

Kathi McKeown — Fri, 30 Mar 2018 20:10:17 GMT

KDC is pleased to welcome the following new members:

Alexis Orland Gonzalez-Lopez of VanAntwerp Attorneys, Ashland, is a University of Kentucky Law School graduate. Mr. Gonzalez-Lopez practices in the areas of Contract, Insurance Coverage, and Medical Malpractice. He is sponsored by KDC President, Mitch Hall.

Brittany B. McKenna of Napier Gault Schupbach & Stevens, Louisville, is a University of Louisville Brandeis School of Law graduate. Ms. McKenna practices in the areas of General Liability, Medical Malpractice and Nursing Home. She is sponsored by KDC Director/Publication Chair, Kristen Fowler

Kevin Shay Owens of Napier Gault Schupbach & Stevens, Louisville, is a University of Louisville Brandeis School of Law graduate. Mr. Owens practices in the areas of Medical Malpractice and Nursing Home, and is sponsored by KDC Director/Publication Chair, Kristen Fowler

DRI Diversity Scholarship - Extension

Kathi McKeown — Fri, 30 Mar 2018 14:00:50 GMT

DRI has extended the deadline for completed applications for the DRI Diversity Law Student Scholarships to April 10th. As you know, we award two $10,000 scholarships each year to two deserving law students who advance the cause of diversity in the law profession. Please pass this information along to law schools or eligible students in your area and urge them to apply. Click here to download the information you will need to apply dri-2018-diversity-scholarship-application-fnl.pdf

Please encourage law students you know to apply.

Passing of KDC President (1985-86), Robert G. Breetz, Sr.

Kathi McKeown — Sun, 25 Mar 2018 13:49:43 GMT

We were really saddened to learn of the death of KDC's Past President, Robert G. Breetz this past Thursday. Our condolences are extended to the entire Breetz family, including his son Matt, who is also a Past President of KDC. Louisville has lost a fine leader.

Robert G. Breetz, Sr., Louisville - 82, unexpectedly filed his final brief Thursday March 22, 2018, at 4 PM. He was born May 25, 1935, in Covington, KY to Herbert George Breetz of New Albany, IN and Evelyn Bechtold Breetz of Covington, KY.

Bob was a loving husband, a dedicated father and grandfather, an extraordinarily compassionate lawyer and judge, and a friend to all. He has long been known for his keen intelligence, wonderful sense of humor, and kind, generous, and loving nature. After attending seminary for a time, he moved to Louisville and entered law school, graduating from the University of Louisville School of Law in 1960. He was a member of the Kentucky National Guard for a number of years, where he was told he couldn't even peel a potato well. He was a founding member of the Louisville recreational softball team, the Heffalumps, where he routinely turned triples into singles by virtue of his exceptional speed. His talents were put to their best use in his long and varied legal career, beginning as a law clerk to U.S. District Court Judge Roy Shelbourne, working as an associate and then for decades as a partner in the law firm Stites & Harbison, as a judge on the Kentucky Court of Appeals, and as the initial claims counsel and subsequent COO of Lawyers Mutual Insurance Company of Kentucky. He retired in 2010 but still loved the law and used his knowledge to help others even after he retired.

Bob lost the love of his life, Dalarna Gayle Tuttle, in 2014, after 53 years of marriage. He is survived by his five children, Robert Gregory "Greg" (Ginger) of Franklin, TN, Bethany Ann "Beth" (Ron Loughry) of Louisville, Juliet Marie "Julie" Miller-Breetz (Greg) of Towson, MD, Matthew Warren "Matt" (Sandra) and Christopher Alan "Chris" (Brigid) both of Louisville, KY, twenty grandchildren (Jordan, Bailey, Kenzie, Trey, Walker, Mason, Jemma, Katie, Madeline, Anna, Jude, Tibebe, Kaleab, Nathaniel, Abigayle, Hawi, Aden, Austen, Tristan and Emma) his brother William "Bill" Breetz of Cincinnati, OH and his sister Ann (Dick) Elmer of Wilmington, NC. He also left behind a men's group he participated in for over 40 years who supported one another during the ups and downs of life, a group of friends he and Dalarna had since their college days, and a wonderful community at Magnolia Springs, where he lived the last couple of years playing poker or bridge or both almost every day. Finally, his family wishes to thank the "dream team" at University of Louisville Hospital, including the many fabulous nurses and others on 7 West, who provided excellent care and showed great compassion during his final week.

Visitation will be at Pearson's,149 Breckinridge Lane on Monday, March 26 from 1 to 8 p.m. Funeral services will be at 1 p.m., Tuesday, March 27 at Beulah Presbyterian Church, 6704 Bardstown Road, with visitation afterwards at the church.

In lieu of flowers donations to either Kentucky Coalition to Abolish the Death Penalty (KCADP.org) or Fern Creek Highview United Ministries (FCHUM.org) would be greatly appreciated.

Langdon Worley, Article in For the Defense

Kathi McKeown — Mon, 12 Mar 2018 16:38:51 GMT

Check out page 48 of the March 2018 issue of DRI's publication, For the Defense. KDC member, Langdon Ryan Worley of Sturgill, Turner, Barker & Moloney, PLLC, Lexington has authored an article: The Deliberative -- Process Privilege and Its Effect on Discovery. Great job, Langdon!

James Landry joins KDC

Kathi McKeown — Fri, 02 Mar 2018 16:00:50 GMT

KDC welcomes its newest member, James Patrick Landry of Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP, Paducah. James is a University of Kentucky Law School graduated and practices in the areas of Auto, Civil Rights, Employment, General Liability, Government, Insurance, Medical Malpractice, Municipal, Premises, Product Liability, Tort, and Trucking. He is sponsored by KDC member, Kristen Worak.

DRI Press Release -- GDPR: It's Coming, It's Expensive and Its's a Serious Problem for American Businesses

Kathi McKeown — Thu, 01 Mar 2018 18:21:23 GMT

For Immediate Release

For more information, contact:

Tim Kolly | Director,

Center for Law and Public Policy

P: 312.698.6220 | E: tkolly@dri.org

The following is a press released issued by DRI on February 23, 2018

GDPR: It’s Coming, It’s Expensive, and It’s a Serious Problem for American Businesses

DRI Guide Provides Free Help in Addressing Requirements of Europe’s General Data Protection Regulation

CHICAGO – (February 23, 2018)— Warning that there is little time to prepare for the May 25^th deadline, DRI–The Voice of the Defense Bar, is publishing a guide to the hefty requirements of the European Union’s General Data Protection Regulation and how to meet them. The publication was produced by DRI’s Center for Law and Public Policy.

Titled “What Is GDPR? If You And Your Clients Are Still Asking That On May 25, 2018, You May Have a Serious Problem” the guide explains the long reach of the regulation (it’s global), the serious and expensive preparation required for it, and the hefty financial penalties (up to 20 million Euros) for non-compliance.

The regulation applies to anyone who offers goods and services in the EU, or gathers, processes, stores, or uses data on EU citizens. “To show how extensive the reach of the GDPR is,” says DRI President John Kuppens, “consider the following example. Let’s say a “mom and pop” bookstore in Ohio sells a single book to a customer in France. By virtue of collecting payment information, the bookstore is now required to abide by the extensive and onerous requirements of the GDPR. I have to say that I’ve never seen anything like it.”

While the guide was produced for DRI’s 22,000 defense attorney members, as a public service, DRI is making it available free to the public on DRI’s web site at www.dri.org. As a practical tool, the publication includes a 3½ page checklist for users. “Just considering that the checklist is three and a half pages long with close to 50 steps to be accomplished, ought to tell American businesses, including law firms, that they need to seriously dig in to meet the May 25^th deadline,” says DRI Executive Director John R. Kouris. “I say that from experience because we here at DRI are also subject to the GDPR because we have European members.”

The guide states that the GDPR applies to entities whether they have three employees or 300,000. An Irish official has warned that affected entities “whether they are big or small, public or private, the consequences for non-compliance will be significant.”

The guide in its entirety may be found here. Its co-authors are DRI members Susan Gunter (Canada), Laura Fey (United States), Judy Krieg (United Kingdom), Winston Maxwell (France), John Magee (Ireland), and Tobias Schelinski (Germany). All are available for comment through Center Director Tim Kolly using the contact information above.

###

About DRI – The Voice of the Defense Bar

Supreme Court Decision in Alignment with DRI Brief in Digital Trust Inc. Somers

Kathi McKeown — Fri, 23 Feb 2018 15:25:11 GMT

News Release

For Immediate Release For more information, contact:

Tim Kolly 312-698-6220 | tkolly@dri.org

Supreme Court Decision in Alignment with DRI Brief in Digital Realty Trust Inc. v. Somers

CHICAGO – (February 22, 2018)— In a decision in alignment with an amicus brief filed by DRI, the Supreme Court reversed the judgment of the Court of Appeals for the Ninth Circuit and remanded the case for further proceedings consistent with its opinion in Digital Realty Trust Inc. v. Somers. The case involved applicable law governing whistleblower protection. The brief was filed by DRI’s Center for Law and Public Policy.

The case involves a former employee’s claim that Digital Realty ended his employment in retaliation for his internal complaints about purported misconduct. The plaintiff, Paul Somers, did not complain to the Securities and Exchange Commission about the alleged misconduct. After his termination, Somers sued Digital Realty claiming that Digital Realty retaliated against him in violation of the whistleblower-protection provision in the Dodd–Frank Act. Given that Dodd–Frank defines “whistleblower” in a way that is limited to individuals who have actually complained to the SEC, Digital Realty moved to dismiss. The district court denied the motion and the Ninth Circuit affirmed that decision. Both courts concluded that the whistleblowers protected by Dodd–Frank include individuals who make internal reports. The Ninth Circuit’s decision deepened a circuit split with the Ninth and Second Circuits adopting the view that Dodd–Frank protects internal whistleblowers and the Fifth Circuit concluding that the definition of whistleblower contained in the statute is dispositive.

In its brief, DRI emphasized that Congress has provided a comprehensive administrative remedy complete with an administrative appeal process for internal whistleblowers under the Sarbanes–Oxley Act of 2002. Sarbanes–Oxley provides protection for such internal whistleblowers, but requires the exhaustion of administrative remedies before a plaintiff can file a lawsuit and, unlike Dodd–Frank, does not provide for double back-pay awards.

DRI submitted that Congress did not evidence any intent to circumvent this administrative scheme when it adopted Dodd–Frank, and that Dodd–Frank should not be interpreted to apply to internal whistleblowers who are already protected by Sarbanes–Oxley.

The Supreme Court’s decision preserves the critical distinction between the Dodd–Frank and Sarbanes–Oxley anti-retaliation provisions—the former intended to protect individuals from retaliation for making reports to the SEC. The Supreme Court’s decision vindicates DRI’s position that the two statutes protect different interests, and Dodd–Frank should not be interpreted to provide whistleblower protection to internal whistleblowers, much less greater rights than provided under Sarbanes–Oxley.

Brief author Matthew T. Nelson of Warner Norcross & Judd, Grand Rapids, Michigan, is available for interview or for expert comment through DRI’s Communications Office.

For the full text of the brief, click here.

###

About DRI – The Voice of the Defense Bar

For more than fifty-five years, DRI has been the voice of the defense bar, advocating for 22,000 defense attorneys, commercial trial attorneys, and corporate counsel and defending the integrity of the civil judiciary. A thought leader, DRI provides world-class legal education, deep expertise for policy-makers, legal resources, and networking opportunities to facilitate career and law firm growth. For more information, log on to www.dri.org

DRI Diversity Scholarship - Applications Due by March 30

Kathi McKeown — Thu, 22 Feb 2018 17:40:45 GMT

For Immediate Release

For more information, contact:

Tim Kolly | Director of Public Policy

P: 312.698.6220 | E: tkolly@dri.org

DRI Announces Its 13^th Annual Diversity Law Student Scholarship Competition

Two $10,000 Scholarships to Be Awarded

CHICAGO – (February 6, 2018)—DRI – The Voice of the Defense Bar announces its 13^th annual Law Student Diversity Scholarship Program. The program is open to rising (2018-19) second- and third-year African American, Hispanic, Asian, Native American, LGBT and multi-racial students. The goal of these scholarships is to provide financial assistance to two worthy law students from ABA-accredited law schools to promote, in a tangible way, the DRI Diversity Statement of Principle.

All rising second- and third-year female law students are also eligible, regardless of race or ethnicity. Any other rising second- and third-year law students who come from backgrounds that would add to the cause of diversity, regardless of race or gender, are eligible to apply.

To qualify for this scholarship, a candidate must be a full-time student. Evening students also qualify for consideration if they have completed one-third or more of the total credit hours required for a degree by the applicant's law school.

Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:

Demonstrated academic excellence
Service to the profession
Service to the community
Service to the cause of diversity

Click here to access the scholarship application and information. Applications must be received by DRI no later than, March 30, 2018.

###

About DRI – The Voice of the Defense Bar

CLE Webinar -- Mild Traumatic Brain Injury: Unpacking the Science

Kathi McKeown — Thu, 22 Feb 2018 16:13:09 GMT

Don't forget to register for next Tuesday's CLE program Mild Traumatic Brain Injury: Unpacking the Science. The program is being presented by two outstanding attorneys, Brandon Woodard & Gregory Kendall. You can register online at KY-Def.org/Events or mail your check and registration form Reg Form TBI 022718.docx to the KDC office to arrive by Saturday, February 24th. $15 for KDC members, $70 for non-KDC members.

DRI National Poll: Average Americans Not Yet Willing to Entrust Their Legal Fate to Computers or Non-Lawyer Assistants

Kathi McKeown — Thu, 22 Feb 2018 16:11:21 GMT

by DRI
Feb 20, 2018, 08:36 AM

CHICAGO – (February 19, 2018)—The only national poll of average Americans on the civil justice system has found the majority of them are not willing to rely on either computers or non-lawyer assistants for legal advice. This is the conclusion obtained in the latest DRI National Poll on the Civil Justice System conducted in December by AmeriSpeak, a polling firm of NORC at the University of Chicago.

The poll results are highly relevant to the legal profession and the judicial system given the conversation surrounding the application of artificial intelligence and the rise of low-cost legal counseling services that employ non-lawyer assistants.

“There are many consumers of legal services in the U.S.” says DRI president John Kuppens. “Because most of the debate about the justice system takes place among lawyers, jurists, and policy-makers, DRI thinks it important to find out what the average person thinks about our civil justice system. You would probably get different answers to our questions if they were being asked of corporate purchases of legal services.”

When asked if they would be comfortable relying on legal advice provided by a computer, two-thirds (66.7%) of those polled said “No.” When asked the same question about receiving legal advice from someone who did not attend law school, the response was overwhelmingly negative (85.4%). Of those that responded “yes” to either question, their confidence was limited to transactional services like preparing a will or handling a real estate closing.

In another question regarding artificial intelligence, respondents were asked if they would rather have their cases decided by a computer generated formula, a judge, a jury, or an arbitrator who may or may not have legal training, The vast majority (87.1%) preferred a judge or jury. Only 5.1% would opt for a computer generated formula.

“This underscores the importance of the DRI poll,” said Steve Puiszis, chair of DRI’s Center for Law and Public Policy. “Without the science of professional polling, any conversation about consumer preferences on legal services and other aspects of the judicial system are just a matter of speculation or personal bias. The DRI poll is a scientific reflection of popular opinion.”

Puiszis noted “there are important societal questions reflected in the DRI poll. All stakeholders in our civil justice system should be concerned about access to justice for those who need it. Corporations generally don’t have access to justice problems but individual citizens may.” So, are current alternatives like low-cost computer-based services an acceptable solution to those in need? For many average Americans the answer is “only in some cases” according to the DRI poll. Likewise, the overwhelming number of average Americans still want human beings adjudicating their cases.

The poll of more than 1,400 households was conducted by AmeriSpeak, a polling firm funded and operated by NORC at the University of Chicago. AmeriSpeak® is a probability-based panel designed to be representative of the US household population. Randomly selected US households are sampled with a known, non-zero probability of selection from the NORC National Sample Frame, and then contacted by US mail, email, telephone, and field interviewers (face to face). AmeriSpeak panelists participate in NORC studies or studies conducted by NORC on behalf of governmental agencies, academic researchers, and media and commercial organizations.

###

About DRI – The Voice of the Defense Bar

KDC Welcomes Two New Members

Kathi McKeown — Wed, 21 Feb 2018 16:41:33 GMT

KDC welcomes its two newest members:

John Hardesty of Blackburn Domene & Burchett, PLLC, Louisville.

Michael G. Erena of Boehl Stopher & Graves, LLP, Louisville is a University of Kentucky Law School graduate. Mr. Erena practices in the areas of Auto, General Liability, Insurance Coverage, Premises Liability, Real Estate Transaction Liability and Tort. He is sponsored by KDC member, David E. Crittenden.

Common Defense Available on KDC Website

Kathi McKeown — Tue, 20 Feb 2018 19:36:46 GMT

The Fall-Winter 2017 edition of KDC's member publication, Common Defense, is available on the KDC website under the Members Only section. You'll have to login to access the publication.

Angela L. Edwards to Serve as CEO of LMICK

Kathi McKeown — Fri, 16 Feb 2018 22:08:05 GMT

Angela L. Edwards to be named Chief Executive Officer of Lawyers Mutual Insurance Company of Kentucky

Louisville, KY – Angela L. Edwards will join Lawyers Mutual Insurance Company of Kentucky on February 5^th. She will assume the position of Chief Executive Officer on July 1, 2018.

During this interim period Ms. Edwards will work closely with Asa P. “Pete” Gullett, Lawyers Mutual’s current Executive Vice President and Chief Executive Officer, the company staff, and the Board of Directors. Upon assuming the position of Chief Executive Officer, and in partnership with the Board of Directors, Ms. Edwards will be responsible for company policy, planning, and directing day-to-day company operations.

Mr. Gullett will step down from his position on July 1^st. He will continue to work at Lawyers Mutual as assistant claims counsel, offer CLE presentations, and be a resource on legal malpractice matters for Kentucky lawyers.

Lawyers Mutual President Ruth Baxter, said, “The Board and staff are pleased to welcome Ms. Edwards. Her leadership and experience in litigation, malpractice defense, and finance ensure a strong foundation for understanding company operations and the unique mission of the company to serve the Kentucky Bar. We are pleased that Pete Gullett will continue to offer his expertise and service to the organization in his new role as assistant claims counsel.”

Prior to joining Lawyers Mutual, Ms. Edwards was a partner in the Litigation Department of Dinsmore & Shohl, LLP. She practiced in the areas of ERISA litigation, commercial litigation, and accountant and attorney malpractice defense litigation. Ms. Edwards received a juris doctorate degree from the University of Kentucky College of Law and her bachelor’s degree in Finance from Transylvania University. She currently serves on the Visiting Committee of the University of Kentucky College Of Law. She is on the Board of Regents for Transylvania University, and the Board of Trustees for the University of Kentucky. She has served as a commissioner of the Executive Branch of the Ethics Commission and President of the Louisville Bar Association.

Located in Louisville, Lawyers Mutual Insurance of Kentucky (LMICK) is the only professional liability insurance company created by Kentucky lawyers for Kentucky lawyers. Since issuing its first policy in 1987, Lawyers Mutual has stayed true to its fundamental mission of assuring that Kentucky lawyers have available liability insurance at competitive rates, provide outstanding claims service, and support the Kentucky Bar with risk management information and CLE programs, featuring ethics and malpractice prevention themes.

For more information, contact Nancy Meyers at 800-800-6101 or visit www.lmick.com.

DRI Submits Amicus Brief with Supreme Court in China Agritech Inc. v. Michael Resh, et al.

Kathi McKeown — Fri, 16 Feb 2018 18:35:55 GMT

DRI Submits Amicus Brief with Supreme Court in China Agritech Inc. v. Michael Resh, et al.

Seeks Overturn of Lower Court Decision Involving Tolling of Statutes of Limitations

CHICAGO – (February 7, 2018) — DRI-The Voice of the Defense Bar has filed an amicus curiae brief in the United States Supreme Court, urging the Court to overturn a Ninth Circuit opinion expanding the decades-old doctrine for tolling of limitations periods on individual claims while the putative class action was pending and until certification was denied. The brief was filed by DRI’s Center for Law and Public Policy.

Decades ago, the Supreme Court created a limited equitable tolling rule for federal class actions. Under American Pipe & Construction Co. v. Utah, (1974), and later in Crown, Cork, & Seal Co. v. Parker, (1983), the filing of a timely putative class action under Rule 23 pauses the limitations clock for individual prospective class members until class certification is decided. If certification is denied, each individual plaintiff has whatever is left of the limitations period to seek relief on his or her own behalf. The Court found that this rule serves the efficiency goal of Rule 23 by preventing multiple protective suits by individuals before the statute of limitations expires. American Pipe tolling, as originally conceived, is of limited duration, and therefore reflects what the Court then believed to be an equitable balancing of competing interests.

This Ninth Circuit’s decision, however, expanded this doctrine to allow an individual whose limitations period was tolled during the pendency of an earlier action that was denied class treatment to file a new action, not as an individual action only—as addressed in American Pipe—but as a putative class action. The Ninth Circuit’s ruling therefore permits the indefinite suspension of statutes of limitation by class action plaintiffs through repetitive, serial class action filings.

The potential for abuse and unfairness inherent in the “stacked” tolling that the Ninth Circuit’s approach allows is considerable. A business that defeats class certification achieves no finality, even if the federal statutory limitations period has expired. The plaintiffs’ counsel (or new counsel) may try again and again, shopping the case from judge to judge in hopes of obtaining a better result or coercing the defendant to settle to buy peace. Individuals who through lack of diligence or strategy failed to seek relief in timely fashion can have their claims “carried along” by successive class action filings indefinitely. And the businesses that are the primary target of class actions have no fixed date after which they can count on being able to close their books on potentially devastating financial exposure.

DRI’s brief urges the Court to overturn this harmful precedent, which ignores the equitable principles and necessary balancing of interests that gave rise to American Pipe tolling in the first place. As the brief explains, class actions cast an ominous cloud over businesses, increasing uncertainty over litigation risk and exposure, often pressuring businesses to settle even non-meritorious claims. Relying on actual survey data, DRI’s brief highlights these and other negative consequences to American businesses and the economy from a rule indefinitely extending statutes of limitation for class action filings.

Brief co-authors were Robert L. Wise, Bowman and Brooke, Richmond, VA, and Susan E. Burnett of Bowman and Brooke LLP, Austin, TX, with assistance from Amanda Heitz. The co-authors are available for interview or expert comment through the contact information above.

The complete text of the brief can be found here.

###

About DRI – The Voice of the Defense Bar

DRI Law Student Diversity Scholarships

Kathi McKeown — Fri, 16 Feb 2018 17:45:42 GMT

2018 DRI Law Student Diversity Scholarships

Application Deadline is Friday, March 30, 2018

DRI announces its annual Law Student Diversity Scholarship program, open to rising (2018–19) second- and third-year African American, Hispanic, Asian, Native American, LGBT and multi-racial students. All rising second- and third-year female law students are also eligible, regardless of race or ethnicity. Any other rising second- and third-year law students who come from backgrounds that would add to the cause of diversity, regardless of race or gender, are eligible to apply. Students who are members of the American Association for Justice (AAJ), law school or law student members of AAJ, or students otherwise affiliated with or employed by AAJ are not eligible for DRI Law Student Diversity Scholarships.

Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:

Demonstrated academic excellence
Service to the profession
Service to the community
Service to the cause of diversity

Applications must be received by DRI no later than Friday, March 30, 2018.

The 2018 Law Student Diversity Scholarship winners will be notified in advance and officially announced at the DRI Diversity for Success Seminar and Corporate Expo, June 14-15, at the Marriott Downtown Magnificent Mile, in Chicago, IL. Click on the image for more information.

KDC's Newest Member --

Kathi McKeown — Tue, 06 Feb 2018 14:44:11 GMT

KDC welcomes its newest member, Joseph Taylor Whitaker of Porter, Banks, Baldwin & Shaw, PLLC, Paintsville. Mr. Whitaker is a University of Kentucky Law School graduates and practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Civil Rights, Construction, Contract, Education, Employment, General Liability, Government Entity, Insurance Coverage, Medical Malpractice, Municipal, Premises & Product Liability, Professional Liability, Property, Tort, Trucking, Utility and Workers' Comp. He is sponsored by KDC President-Elect, Darrin Banks.

Aaron Klein joins KDC

Kathi McKeown — Sat, 27 Jan 2018 15:59:36 GMT

KDC welcomes its newest member, Aaron R. Klein of Ward, Hocker & Thornton, PLLC, Louisville. Mr. Klein graduated from Belmont University College of Law and practices in the areas of Auto, Business Litigation, Commercial, General Liability, Insurance, Premises, Proper & Tort. He is sponsored by KDC member, Jarad Key.

Supreme Court Update

Kathi McKeown — Wed, 17 Jan 2018 17:38:42 GMT

THE FOLLOWING IS REPRINTED FROM DRI'S JANUARY 17, 2018 ISSUE OF "THE VOICE:"

Legal News

Supreme Court Update
Republished with the permission of the Mayer Brown Supreme Court Docket Report.

On January 12, 2018, the Supreme Court granted certiorari in four cases of interest to the business community, described below.

Patent Law—Damages for Profits Lost Abroad
WesternGeco LLC v. ION Geophysical Corp., No. 16-1011

A party commits patent infringement if it supplies “components of a patented invention” “from the United States,” knowing or intending that the components will be combined “outside of the United States” in a manner that “would infringe the patent if such combination occurred within the United States.” 35 U.S.C. § 271(f). The Federal Circuit has held that a plaintiff that successfully proves a claim under this provision is not entitled to the lost profits normally available to patent owners who prevail on infringement claims. That court’s view is that even when Congress has overridden the presumption against extraterritorial application of a statute in creating liability (as it did with § 271(f)), the presumption must be applied a second time to restrict damages. The Supreme Court has granted certiorari to resolve the question of “[w]hether the court of appeals erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases where patent infringement is proven under 35 U.S. § 271(f).”

Appointments Clause—Classification of Administrative Law Judges
Lucia v. SEC, No. 17-130

Under the Constitution’s Appointments Clause, the president “shall nominate and, by and with the Advice and Consent of the Senate, shall appoint . . . Officers of the United States.” Securities and Exchange Commission administrative law judges are generally selected by Commission staff, even though these judges preside over trial-like adversarial hearings. The Supreme Court has granted certiorari to decide “[w]hether administrative law judges of the Securities and Exchange Commission are officers of the United States within the meaning of the appointments clause.” The circuit courts have split 5–5 on this question.

Dormant Commerce Clause—Taxation of Internet Sales
South Dakota v. Wayfair, Inc., No. 17-494

In 1967, the Supreme Court held that the Constitution’s dormant Commerce Clause prohibits a state from requiring catalog retailers to collect sales taxes on sales into the state unless the retailer is “physically present” there. But in 1977, the Court held that only a “substantial nexus” was necessary for other state taxes affecting interstate commerce. The petitioners in Wayfair ask the Supreme Court to reconsider the “physical presence” rule for sales taxes, arguing that its impact has “exploded with the rapid growth of online commerce.” The Supreme Court granted certiorari on the question of whether it should “abrogate” the “sales-tax-only, physical-presence requirement.”

Bankruptcy Law—Fraud Exception to Discharge
Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215

The Bankruptcy Code prohibits the discharge of “any debt . . . to the extent obtained by . . . actual fraud, other than a statement respecting the debtor’s . . . financial condition.” 11 U.S.C. § 523(a)(2). Circuit courts have split 3–3 as to whether a statement about a particular asset can qualify as a “statement respecting the debtor’s . . . financial condition.” The Supreme Court has agreed to resolve that split. Mayer Brown LLP represents the respondent.

Survey Winners Announced

Kathi McKeown — Mon, 15 Jan 2018 17:05:52 GMT

Many thanks to the many KDC members who participated in our survey. A lot of great information was received and will be used at our upcoming annual Long Range Planning meeting being held on February 3 in Lexington.

The KDC members whose names were drawn to win $25 gift cards to their choice of Amazon, Target, Starbucks, Kroger or Shell are:

Courtney Rosser

Zac Richards

James Fischer

Brad Hume

DRI Submits Amicus Brief Urging Review of Decision on Admissibility of Expert Testimony

Kathi McKeown — Sun, 14 Jan 2018 15:39:00 GMT

Amicus Update

DRI Submits Amicus Brief Urging Supreme Court to Review Decision on Admissibility of Expert Testimony

On December 20, 2017, DRI filed an amicus brief in the U.S. Supreme Court supporting the petition for a writ of certiorari in Teva Pharmaceuticals USA, Inc. v. Wendell, No. 17-747. The brief was filed through DRI’s Center for Law and Public Policy.

The case raises two questions concerning the admissibility of expert testimony, a subject with enormous practical significance for litigation in federal and state courts nationwide. Almost 25 years ago, in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court articulated standards for federal trial courts to apply in determining whether an expert should be permitted to offer opinion testimony. In keeping with the trial court’s “gatekeeper” role in determining whether expert testimony should be admitted or excluded, the Court held a few years later that decisions on expert-admissibility would be reviewed on appeal under the abuse-of-discretion standard.

At issue in Teva v. Wendell, is the proposed testimony of two doctors on the issue of causation in a case alleging that prescription pharmaceutical drugs manufactured and distributed by defendants caused a patient to develop an exceedingly rare and aggressive form of cancer. The district court granted defendant Teva’s motion for summary judgment because the testimony of plaintiffs’ causation experts was not reliable and therefore not admissible under Federal Rule of Evidence 702. The U.S. Court of Appeals for the Ninth Circuit reversed and remanded. In the Ninth Circuit’s view, “Daubert poses no bar” and the contested testimony “should have been admitted as expert testimony.” The appellate court reached that conclusion by applying de novo review to the question “whether particular evidence falls within the scope of [Rule 702].”

DRI’s amicus brief urges the Court to grant review to resolve circuit court conflicts on both questions presented in the petition: (1) the standard for appellate review of expert-admissibility rulings, and (2) the standards for determining when proposed expert testimony is sufficiently reliable to be presented to a jury. DRI explains that these issues have broad application to litigation across the country; that the issues have enormous practical significance given the pivotal—often dispositive—role that expert testimony plays in complex litigation; and that nationwide uniformity is essential to “the fair, orderly administration of justice.” The brief explains that Supreme Court review is also warranted because the issues “affect counsel for plaintiffs and defendants (whether they support or oppose an expert in a particular case).”

DRI’s brief was authored by Jerrold J. Ganzfried, founder of GANZFRIED LAW in Washington, D.C. Mr. Ganzfried is a fellow of the American Academy of Appellate Lawyers, and is a former chair and current member of the DRI Amicus Committee.

Barry Miller to Present

Kathi McKeown — Mon, 08 Jan 2018 16:11:18 GMT

KDC member, Barry Miller, will be presenting at a Lunch and Learn on February 1st pertaining to Law Firms and Cybersecurity. One hour of free CLE and lunch. Click below to learn more. (This is not a KDC event, but merely promoting Barry's presentation!)

Advantage Lunch February 2018 - Email.jpg

New Firm for Gregory Funfsinn

Kathi McKeown — Mon, 08 Jan 2018 15:47:37 GMT

KDC member, Gregory Funfsinn, is now practicing with Hicks & Funfsinn, PLLC, Lexington. His firm is located at 431 S. Broadway, Suite 331.

Sturgill Turner - 3 Rising Stars

Kathi McKeown — Wed, 27 Dec 2017 19:32:46 GMT

Congratulations to three KDC members that were named 2018 Super Lawyers Rising Stars -- Jamie Dittert, Langdon Worley & Stephanie Wurdock. All three attorneys practice with Sturgill, Turner, Baker & Moloney, PLLC, Lexington.

1 Firm, 4 Super Lawyers Named

Kathi McKeown — Wed, 27 Dec 2017 19:31:59 GMT

Congratulations to KDC member, Tracy Prewitt, who was selected as one of the Top 25 Super Lawyers for Kentucky. Additional congratulations go to her partner, Don Brown, Chris O'Bryan and Gerry Toner for being named to the Top 25 Super Lawyers for Kentucky.

Cullen Rooney joins KDC!

Kathi McKeown — Mon, 27 Nov 2017 14:31:28 GMT

KDC welcomes its newest member Cullen Patrick Rooney of O'Bryan, Brown & Toner, PLLC, Louisville. Mr. Rooney is a Vanderbilt Law School graduate and practices in the areas of General Liability, Insurance, Medical Malpractice and Professional Liability. He is sponsored by KDC member, Scott Burroughs.

Courthouse Photos

Kathi McKeown — Mon, 20 Nov 2017 14:58:28 GMT

For those KDC members who really enjoy photography, we are looking for some photos of courthouses located in your cities and counties. Our graphic designer, Jeff Friebert, has provided the following COURTHOUSE PHOTO REQUEST.pdf for guidance and to assist you with the photos. We look forward to receiving your photos now or in the near future. Thanks for your participation in this fun project.

KDC Member, Barry Miller, Presenting

Kathi McKeown — Mon, 20 Nov 2017 14:57:47 GMT

KDC member, Barry Miller, is presenting "Law Firms and Cybersecurity." The presentation is on December 6 at Malone's Meeting Place, and is free, including lunch. To learn more about this presentation, please click this link https://marketing.advantage.tech/acton/media/16906/cybersecurity-and-the-law or contact Barry at his office (859) 899.8499 or bmiller@mrrlaw.com.

DRI - FOR THE DEFENSE

Kathi McKeown — Mon, 13 Nov 2017 20:56:01 GMT

For those of you who are members of DRI, check out the latest issue of For the Defense, November, 2017. On page 6, KDC Director, Jeffrey Lowe was elected a National Director for DRI. Congratulations to Jeff!!

If you go to page 30, there is an article The "Go To" Resources on Management Issues authored by Stacy L. Moon who just spoke at the KDC Seminar last Thursday and Friday. Following Stacy's article are several interesting articles.

If you are interested in joining DRI, please feel free to contact KDC's Membership Chair, Todd Page of Stoll Keenon Ogden PLLC, Lexington, who will be happy to answer any questions you have pertaining to DRI.

KDC Fall Seminar November 9 & 10

Kathi McKeown — Tue, 07 Nov 2017 21:51:26 GMT

Looking forward to seeing many of you at the KDC Fall Seminar taking place at the Marriott Griffin Gate in Lexington. Please don't forget to visit our Sponsors while you are there -- they're a huge part of KDC's success!

Jillian House has organized a great seminar for Thursday afternoon, with three of the four speakers being KDC members: KDC members Katherine Kerns Vesely (also a KDC Director) and Kristen Fowler will present "Just What the Doctor Ordered" relative to Kentucky enacting Medical Review Panels. KDC member, Jamie Dittert, will present "Myth or Fact? "ALI Restatement of the Law/Liability Insurance" Edition". And closing out Thursday afternoon, our DRI Sponsored Speaker, Stacy Moon, will present "The Tween Years".

Darrin Banks has organized a great line-up of speakers as well on Friday. DRI Sponsored Speaker, Stacy Moon, will present the entire morning program: "The Business of Law: There's No Business Like Law Business," "Managing That Business: I Want To Be A Manager (All Apologies to Mel Brooks)" and "Metrics Simplified (The Do-Re-Mis of Metrics).

After the morning session is complete, we will head to lunch in the Bluegrass Pavilion where our Award Recipients and others will be recognized. Congratulations to the 2017 KDC Award Recipients: Diplomat: David A. Nunery (Retired); Defense Lawyers of the Year: Ashley K. Brown and Melanie Sublett Marrs; and our Young Lawyer is Tia Combs. After all recognitions are complete, we will have the KDC Annual Meeting.

For the afternoon session, Darrin has lined up Barron Henley of Affinity Consulting Group to present "Legal Tech Security Measures Every Lawyer Must Take Under the Rules of Professional Conduct" (ETHICS!) and "Technology Planning for a Law Firm." Barron comes highly recommend by his counterpart, Paul Unger. Closing out the 2017 Fall Seminar will be four KDC members, Craig Reinhardt, Jess Baird, Norm Harned and Patricia LeMeur. Their panel discussion "A Kentucky Defense Firm, to Infinity and Beyond! Blazing a New Trail. A Discussion on the Direction for Defense Firms in the Next Decade."

It's never too late to register. Go to KY-Def.org/Events and you can sign up there. Or just walk-in on Thursday or Friday if you have a change in plans.

Mary Beth O'Bryan Newest KDC Member -

Kathi McKeown — Tue, 07 Nov 2017 16:31:41 GMT

KDC welcomes its newest member: Mary Elizabeth O'Bryan of O'Bryan, Brown & Toner, Louisville graduated from the University of Louisville Brandeis School of Law. Ms. O'Bryan is in firm management with O'Bryan, Brown & Toner and is sponsored by KDC Director, Katherine Kerns Vesely.

KDC Welcomes Megan George --

Kathi McKeown — Sat, 04 Nov 2017 17:43:43 GMT

KDC welcomes its newest member. Megan K. George of Sturgill, Turner, Barker & Moloney, PLLC, is a graduate of the University of Kentucky College of Law. Ms. George practices in the areas of Education and Employment. She is sponsored by KDC Past President, Pat Moloney.

Elizabeth Beal joins KDC!

Kathi McKeown — Sun, 29 Oct 2017 15:06:53 GMT

KDC welcomes its newest member: Elizabeth Ann Beal of O'Bryan, Brown & Toner PLLC, Louisville is a University of Kentucky Law School graduate. Ms. Beal practice in the area of Medical Malpractice and is sponsored by KDC member, Scott Burroughs.

Samuel E. T. Jones --

Kathi McKeown — Fri, 27 Oct 2017 14:19:57 GMT

KDC member, Samuel E. T. Jones, is now practicing with Goldberg Simpson, LLC, Prospect.

DRI – The Voice of the Defense Bar Terms ALI Restatement of the Law, Liability

Kathi McKeown — Fri, 27 Oct 2017 13:40:40 GMT

The following is a DRI Press Release issued October 26, 2017:

Insurance "Deeply Flawed"

CHICAGO – (October 26, 2017)— In a letter earlier this month to Richard Revesz, Executive Director of the American Law Institute (ALI), DRI expressed disagreement and concern with several key provisions of the ALI Restatement of the Law, Liability Insurance. The Restatement was scheduled for a final vote of ALI membership earlier this year, but the organization deferred that final ballot until May, 2018 to give the project’s Reporters additional time to consider and respond to the concerns of DRI and others.

DRI cited various parts of the Restatement as “at odds with the common law of insurance,” “making coverage litigation more protracted and expensive,” “not supported by existing authority and at odds with professional liability rules and the law governing lawyers,” “seeking to address a problem which does not exist,” and “misleading in the extreme.”

DRI maintains that the problems that it raised last spring regarding the Restatement still have not been corrected. “…This project continues on a trajectory that is deeply flawed in several important respects. (Those include) its rejection of settled insurance common law such as the plain meaning rule; its failure to recognize the fundamental problems that would result from its proposal for insurer liability for the actions of defense counsel; and its refusal to defer to legislative determinations such as those regarding whether and when special fee-shifting rules should be applied to insurance law.”

For instance, Section 12 would create new direct liability on the part of the insurer to the insured for the acts of defense counsel, and would do so in the absence of appropriate case law support. In fact, the Restatement draft itself acknowledged that “[t]here is little case law on this topic.” If the Restatement were to retain Section 12 as written, there is little doubt that the impact of such a rule would impede the attorney-client relationship of such defense counsel with the policyholder and tread on counsel’s professional obligations.

DRI maintains the position that it declared in a letter to ALI in May of this year: “In sum the current draft of this Restatement does not codify existing common law, but instead repeatedly stakes out new and controversial positions without adequate grounding in law or public policy. ALI should not adopt this Restatement project as it stands.”

“We have great appreciation and respect for the work of ALI,” says DRI president John Kuppens. “Theirs is a difficult task, and they provide a great service to the judicial system. But a Restatement is meant to clarify existing law not to create new law; or to paraphrase the late Justice Scalia, ‘to state what the law is, not what some would like it to be.’”

Welcome Michelle Fox!

Kathi McKeown — Wed, 25 Oct 2017 15:23:30 GMT

KDC welcomes its newest member, Michelle Cecelia Marie Fox of O'Bryan, Brown & Toner, Louisville. Ms. Fox is a graduate of the Indiana University Maure School of Law and practices in the areas of Medical Malpractice and Professional Liability. She is sponsored by KDC member, Scott Burroughs.

Courthouse Photos Request

Kathi McKeown — Tue, 24 Oct 2017 20:47:59 GMT

Our graphic designer, Jeff Freibert (Common Defense and our seminar registration forms, among other items), is reaching out to the members of Kentucky Defense Counsel to submit photos of your local courthouse. This is a fun and easy way to get involved with KDC and also a way to show off some of the beautiful courthouses Kentucky has to offer. Your photo(s) could be used on the cover of Common Defense and you will receive appropriate recognition on the insider cover. To learn more about what Jeff will need to make your photo work, you can download this pdf for all of the guidelines. COURTHOUSE PHOTO REQUEST.pdf

New KDC Members --

Kathi McKeown — Sun, 15 Oct 2017 17:41:53 GMT

KDC welcomes its two newest members:

Shawn Christopher Conley of Porter, Banks, Baldwin & Shaw, PLLC, Paintsville, is a Chase College of Law, University of Northern Kentucky graduate. Mr. Conley practices in the areas of Appellate, Auto, Education, Employment, General Liability, Government Entity, Insurance Coverage, Medial Malpractice, Nursing Home, Premises & Professional Liability, and Tort. He is a member of DRI and is sponsored by KDC Vice President, Darrin Banks.

Alexandra Deaton DeMoss-Campbell of Ward Hocker & Thornton, LLP, Lexington, is a graduate of the University of Kentucky College of Law. Ms. DeMoss-Campbell practices in the areas of Appellate, Auto, General Liability, Government, Insurance, Tort & Trucking. She is sponsored by KDC's YLS Chair, Jillian House.

David Haney joins MedPro

Kathi McKeown — Fri, 13 Oct 2017 14:25:02 GMT

KDC member, David Haney, is now practicing with MedPro in Louisville.

KDC Welcomes Craig Johnson

Kathi McKeown — Sun, 08 Oct 2017 18:36:05 GMT

KDC welcomes its newest member, Craig L. Johnson of Whonsetler & Johnson, Louisville. Craig graduated from the University of Louisville Brandeis School of Law and practices in the area of Medical Malpractice.

Congratulations to KDC Director, Jeff Lowe!!

Kathi McKeown — Sat, 07 Oct 2017 23:41:20 GMT

DRI's National Elections were held this week at the DRI Annual Meeting in Chicago. The following results of those elections were announced Saturday, October 7th. John F. Kuppens of Columbia, SC is President, Toyja E. Kelley of Baltimore, MD is President-Elect, Philip L. Willman of St. Louis, MO is First Vice President, Emily G. Coughlin of Boston, MA was elected Second Vice President, Douglas K. Burrell of Atlanta, GAwas chosen as the Secretary-Treasurer and John E. Cuttino of Columbia, SC has become Immediate Past President.

Four new National Directors were elected to three-year terms. They are Alex J. Hagan of Raleigh, NC; R. Jeffrey Lowe of New Albany, IN; Anne M. Talcott of Portland, OR; and J. Carter Thompson of Jackson, MS.

Four new Regional Directors were also elected. Heather A. Sanderson is the new Canadian Regional Director, Gary L. Grubler is the new Central Regional Director, Melissa K. Roeder is the new Northwest Regional Director and Theodore Freeman is the new Southeast Regional Director.

Please join me in congratulating DRI’s new Officers and Directors.

Gregory Funfsinn --

Kathi McKeown — Sat, 30 Sep 2017 19:42:06 GMT

KDC member Gregory Funfsinn is now practicing with Walters Meadows Richardson, PLLC, Lexington.

Defense Victory for John Tate:

Kathi McKeown — Wed, 27 Sep 2017 20:46:38 GMT

The following is reprinted from DRI's The Voice of September 27, 2017. Congratulations to KDC member, John Tate, on a his defense victory!

A federal court in Indiana issued multiple rulings on September 14, 2017, excluding two of plaintiff’s expert witnesses in a product liability lawsuit and granting summary judgment for the defendant, safety equipment manufacturer Leatt Corporation.

Plaintiff Brock Lyons sued Leatt Corporation for damages incurred after suffering permanent paraplegia in April 2014 as a result of losing control of his 450cc dirt bike and crashing during a motocross practice session at Wildcat Creek MX in northern Indiana. Lyons estimated he was traveling 40 mph when he was thrown over the handlebars and landed head first, fracturing his thoracic spine at T5–T6. Lyons alleged that his Leatt-Brace, a neck protection device he wore for seven years, either caused injury to his lower spine or failed to protect him from that injury.

Excluded by the court were biomechanical engineer Tyler Kress, Ph.D., and a former motocross champion and riding instructor Ryan Hughes.

Assessing the proposed testimony of Dr. Kress, who claimed the Leatt-Brace caused a restricted range of motion that led to thoracic fractures, Judge Paul Cherry wrote: “Dr. Kress has not specifically identified any mathematical equation, principle of physics or biomechanics, formula, or test results that support his hypothesis.” Discussing the fact that Dr. Kress performed laboratory testing at Virginia Tech in 2012 to measure forces imparted to the spine in head-first impacts with and without a Leatt-Brace, the court ruled the 2012 testing “provides no scientific support for Dr. Kress’ opinion…that wearing the brace causes higher force on the thoracic spine.” Instead, the court found, Kress’s own testing “showed no increase in the transfer of forces to the thoracic spine when wearing the Leatt Brace.”

Equally important in the court’s view was the fact that Dr. Kress did “not address an obvious alternative explanation for Plaintiff’s injuries.” Judge Cherry pointed out that “multiple scientific and medical research articles” show “the most common spinal injury caused by a severe, head-first impact is the very mid-thoracic spine injury suffered by Plaintiff, and the literature explains the anatomical reasons for the injuries. All of the articles were published before Dr. Leatt invented the Leatt Brace.”

Ryan Hughes, notwithstanding years of motocross racing, was excluded from testifying because he was “not qualified to express opinions on product design, product testing, medical causation, or accident reconstruction.” The court also ruled that Hughes “failed to employ a reliable methodology.” The court did not ignore Hughes’ qualifications “on the sport of motocross,” but held that Hughes is not qualified to testify on “technical or scientific topics regarding the mechanism of Plaintiff’s injury.”

With both of plaintiff’s liability experts excluded, the court turned to Leatt Corporation’s motion for summary judgment on plaintiff’s claims of strict liability, breach of warranty, negligence, and failure to warn. Noting that “[t]he purpose of the Leatt Brace ‘is to reduce neck forces in various combinations and at various times during a crash,’” the court described the product as designed to reduce “‘the incidence and severity of cervical spine trauma.’” The court held that plaintiff produced no testimony “demonstrating that the Leatt Brace deviated from its intended design” or that Brock Lyons’ thoracic injury was even “the type of catastrophic injury the Leatt Brace is designed to protect against.”

Construing Brock Lyons’ description of his accident in a light “most favorable” to the plaintiff, and drawing “all legitimate inferences” in his favor, the court determined the evidence simply did not support the allegation that the Leatt-Brace did not provide sufficient freedom of movement to the wearer.

Dr. Chris Leatt, a South African physician, motorcycle enthusiast, and pilot, invented and patented the Leatt-Brace to help reduce catastrophic neck injuries in extreme sports. Intended to be worn with a full-face helmet, the Leatt-Brace is designed to reduce extreme ranges of neck motion and create an Alternative Load Path for forces inflicted on unrestrained motorcycle, ATV, mountain bike, and snowmobile riders.

Leatt Corporation was represented by DRI members John L. Tate and Bruce B. Paul of Stites & Harbison PLLC in Louisville, Kentucky. Lyons was represented by Trevor J. Crossen and Angela M. Pollard of Crossen Kooi LLP in Carmel, Indiana.

Pete Pullen --

Kathi McKeown — Sun, 24 Sep 2017 15:46:04 GMT

KDC member, Pete Pullen, is now practicing with the Breit Law Office, PLLC, Louisville.

KDC -- 2017 Award Recipients

Kathi McKeown — Thu, 14 Sep 2017 18:49:03 GMT

On behalf of Kentucky Defense Counsel’s Awards Committee, we are very pleased to announce the recipients of the 2017 KDC awards, all of whom were nominated by KDC members:

Diplomat: David A. Nunery (Retired) of Nunery & Call, PLLC, Campbellsville

Defense Attorneys of the Year: Ashley K. Brown of Ward, Hocker & Thornton, PLLC, Lexington and Melanie Sublett Marrs of Kinkead & Stilz, Lexington

Young Lawyer: Tia J. Combs of Mazanec, Raskin & Ryder, Co., L.P.A., Lexington

We received quite a few nominations and appreciate all members who took time to nominate their peers. It was not an easy decision because so many of you are deserving of these awards. If your nominee did not win this year, we hope this does not discourage you from nominating a KDC member in the future.

The award recipients will be recognized at the 2017 KDC Fall Seminar, Annual Meeting & Awards Lunch being held on November 9 & 10 at the Marriott Griffin Gate, Lexington. All registration fees for Friday’s seminar includes the Awards Lunch; however, if you are able to only attend the lunch, and possibly bringing along any and all staff, you will have the opportunity to do so. A registration form is attached below (hard copies should be delivered in the next week) which you can mail in with your check or you can register online. If you have any questions, please contact the KDC office.

Congratulations to Dave, Ashley, Melanie & Tia for their great work on behalf of the defense bar of Kentucky!

Beth Lochmiller, Mitch Hall & Jillian House

DRI -- Hurricane Irma Relief

Kathi McKeown — Thu, 14 Sep 2017 13:53:14 GMT

As the aftermath of Hurricane Irma continues to reap havoc on Florida and parts of the south, DRI has implemented its disaster assistance plan for our members who may be in need. Communication continues to be difficult due to widespread power outages. Our thoughts and prayers are with the all of the lawyers who live and practice in the impacted areas.

If this storm has caused disruption of your practice or forced you to vacate your office, DRI will do whatever we can to aid in your return to normalcy. The DRI SOLACE program, which is part of the DRI for Life Committee, is designed to meet the needs of DRI members in these instances. When prior disasters have occurred, DRI has assisted in locating temporary office space, computers, electronics, supplies and furniture. If you are located in one of the affected areas and need assistance, please contact our Customer Service Department at 312.698.6200, or e-mail us at drirelief@dri.org.

If you are not directly affected by Hurricane Irma, but know of other DRI members in need of assistance, there are several ways in which you can help.

Call DRI Customer Service at 312.698.6200 or email us at drirelief@dri.org, and identify the members seeking assistance and the specifics of their needs.
Click here to make your donation to “Hurricane Irma Relief - Tribute.” All proceeds will go directly to DRI members. Unused funds will be donated to approved disaster relief organizations.
Log on the DRI website at www.dri.org, and post a message to any online community of which you are a member and identify DRI members who need assistance.

When tragedy has fallen on our members and their communities, the entire DRI family has rallied around its stricken members who need assistance. This is certainly one of those moments. Thank you for your generosity and support.

Warm regards,

John R. Kouris
Executive Director

DRI Annual Meeting -- Early Registration Fee Extended

Kathi McKeown — Wed, 13 Sep 2017 17:15:16 GMT

Special Announcement

Message from John R. Kouris, DRI Executive Director

Due to recent violent and damaging weather affecting a large percentage of our membership, we are extending the early registration discount through the 2017 Annual Meeting. The registration fees will remain at $895 for members, $1,095 for non-members, and $200 for in-house counsel and claims executive members. This is a one-time occurrence due to the extraordinary circumstances our country is currently facing.

In addition, we are extending an offer to those of you who had to cancel their registrations at the Cybersecurity and Data Privacy Seminar, Strictly Automotive Seminar, Managing Partners and Law Firm Leaders Conference, and/or Nursing Home/ALF Litigation Seminar due to weather related issues. You may transfer your seminar registration fee to the Annual Meeting without any additional increase cost to you provided you are not already registered for the Annual Meeting. Please contact DRI Customer Service at 312.795.1101 to transfer your registration fee to the Annual Meeting.

Our best wishes for a speedy recovery to those of you who have experienced hardship and loss as a result of Hurricanes Harvey and Irma. If DRI can assist you in that recovery, please contact our Customer Service Department at 312.698.6200, or e-mail us at drirelief@dri.org. I hope you will be able to take time to connect with your fellow members in the weeks to come and enjoy the goodwill that is such a strong part of membership in DRI.

Warm regards,

John R. Kouris

DRI Files Amicus in Cyan v. Beaver County Employees Retirement Fund

Kathi McKeown — Tue, 12 Sep 2017 16:42:29 GMT

CHICAGO – (September 8, 2017)— DRI–The Voice of the Defense Bar has filed an amicus brief in Cyan, Inc. v. Beaver County Employees Retirement Fund, Supreme Court No. 15-1439. The United States Supreme Court granted certiorari in Cyan to determine whether state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims. The brief was filed by DRI’s Center for Law and Public Policy.

Respondents, shareholders of Cyan stock, filed a class action in the Superior Court of California, County of San Francisco, on behalf of purchasers of Cyan’s IPO stock after an announcement of weaker-than-expected results. Respondents sought strict liability remedies under the Securities Act of 1933 alone; no state law claims were raised. Accordingly, Petitioners moved for judgment on the pleadings for lack of subject matter jurisdiction, but the Superior Court denied the motion. Petitioners’ subsequent petition for writ relief to the Court of Appeal of the State of California, First District was denied without opinion.

Supporting Petitioners (Cyan), the DRI amicus brief argues that under the Securities Litigation Uniform Standards Act of 1998 (SLUSA), “covered class actions” (a damages action filed on behalf of more than 50 people)—like the one at issue here—that allege only violations of the Securities Act of 1933, are to be litigated in federal court only.

Based on the legislative history of securities laws from 1933 to present, the DRI amicus brief advocates that the SLUSA was designed to curb plaintiffs’ efforts to circumvent the protections of the earlier-enacted Private Securities Litigation Reform Act of 1995 (Reform Act). Specifically, plaintiffs flocked to state courts where the federal Reform Act’s provisions were not routinely applied, to avoid the protections granted to defendants by the Reform Act. In response, Congress enacted the SLUSA to make federal court “the exclusive venue for most securities class action lawsuits.”

The DRI brief warns that an affirmance of the Superior Court’s decision will create a host of problems for individuals and businesses. These problems include clever plaintiffs searching for “hellhole” or “magic” jurisdictions in which to file their claims. Such jurisdictions lack the qualities associated with the rule of law and often render incomprehensible verdicts against defendants. This leads to an associated problem: settlement of even meritless claims for fear of a sizeable and debilitating verdict. Moreover, this risk of liability often hinders publicly held companies from attracting and maintaining qualified board members, which can have a direct negative impact on a company’s performance.

For all these reasons, and to adhere to the legislative intent of the SLUSA, the DRI amicus brief urges the Supreme Court to reverse the decision and hold that covered class actions that are limited to claimed violations of the Securities Act of 1933 be litigated in federal court only.

The DRI amicus brief was authored by Mary Massaron and Hilary A. Ballentine of Plunkett Cooney, Bloomfield Hills, Michigan. Ms. Massaron is a past president of DRI. Ms. Ballentine is the Immediate Past President of the Michigan Defense Trial Counsel. They are available for interview or for expert comment through the contact information above.

For the full text of the amicus brief, click here.

Mauritia Kamer -

Kathi McKeown — Tue, 12 Sep 2017 16:40:32 GMT

KDC member, Mauritia G. Kamer, is now practicing with Steptoe & Johnson in their Lexington office.

Langdon Worley --

Kathi McKeown — Tue, 12 Sep 2017 16:39:43 GMT

KDC member, Langdon Worley, is now practicing with Sturgill, Turner, Barker & Moloney, PLLC, Lexington.

KDC Welcomes New Member

Kathi McKeown — Tue, 29 Aug 2017 16:35:30 GMT

KDC welcomes its newest member:

James M. Burd of Wilson Elser Moskowitz Edelman & Dicker LLP, Louisville is a graduate of the University of Louisville Brandeis School of Law. Mr. Burd practices in the areas of Auto, Commercial, General Liability, insurance, Medical Malpractice, Product Liability, Tort and Trucking.

New Contact Info for Two Members

Kathi McKeown — Mon, 21 Aug 2017 15:07:43 GMT

Jessica Droste is now practicing with Phillips Parker Orberson & Arnett in their Lexington office.

Jennifer Peterson is now practicing with Travis & Herbert Attorneys PLLC in Louisville.

David Nunery Retires!

Kathi McKeown — Wed, 16 Aug 2017 15:01:28 GMT

A belated congratulations to David Nunery of Nunery & Call, Campbellsville, who retired December 31, 2016. David served on KDC's Board of Directors from 2008-2011. KDC wishes Dave the best in retirement.

Welcome Courtney Rosser!

Kathi McKeown — Thu, 10 Aug 2017 20:27:51 GMT

KDC welcomes its newest member:

Courtney Lynn Rosser of Robinson and Havens, PSC, Lexington. Ms. Rosser graduated from law school at the University of Kentucky and practices in the area of medical malpractice. She is a member of DRI and sponsored by KDC member, Clayton Robinson.

Mary Katherine Bing --

Kathi McKeown — Sun, 06 Aug 2017 15:36:12 GMT

KDC member, Mary Katherine Bing, is now practicing law at Gess Mattingly & Atchison, P.S.C. in Lexington.

DRI For the Defense

Kathi McKeown — Sun, 06 Aug 2017 15:34:37 GMT

Turn to page 11 of the August 2017 edition of For the Defense to see a great picture of former KDC President, Pat Moloney, now serving as DRI Southern Region Director.

New Member for KDC!

Kathi McKeown — Sun, 06 Aug 2017 15:25:15 GMT

KDC welcomes Tonya Rager of Kinkead & Stilz, PLLC, Lexington. Ms. Rager graduated from law school at the University of Kentucky and practices in the areas of Appellate, Insurance, Medical Malpractice, Nursing Home, Product Liability, Professional Liability and Tort. She is a member of DRI and is sponsored by KDC member, David Trevey.

KDC Welcomes Newest Member!

Kathi McKeown — Sun, 30 Jul 2017 19:35:04 GMT

KDC welcomes it newest member --

Ryan Daniel Nafziger of Phillips Parker Orberson & Arnett PLC, Louisville. Mr. Nafziger is a graduate of the University of Kentucky Brandeis School of Law and practices in the areas of Medical Malpractice, Nursing Home, Premises, and Tort. Mr. Nafziger is sponsored by KDC member, Joseph Effinger.

Change of Contact Info --

Kathi McKeown — Sun, 30 Jul 2017 18:41:05 GMT

Jason C. Kuhlman is now working at The Law Office of Jason C. Kulhman, Fort Mitchell, Kentucky. Jason is a former KDC Director and is the individual responsible for getting Common Defense off the ground. The best to Jason in this new position.

Congratulations to Casey Stansbury

Kathi McKeown — Tue, 25 Jul 2017 19:41:03 GMT

KDC wishes to congratulate its past president, Casey Stansbury of Mazanec Raskin & Ryder Co LPA, Lexington on his selection as one of this year's recipients of the DRI Davis Carr Outstanding Committee Chair Award. This award honors a current or immediate past DRI Committee Chair whose committee has achieved its stated goals including presenting successful seminars and producing high-quality publications, who has increased committee membership, who has motivated committee membership participation including participation by minorities, who has created and implemented new projects, and who has filled all required committee leadership positions.

Casey received notice of this honor in a letter dated July 21, 2017 from DRI President, John Cuttino, and DRI Executive Director, John Kouris.

Congratulations on a job well done, Casey!

Change of Mailing Address for Sheehan, Barnett

Kathi McKeown — Tue, 25 Jul 2017 19:38:13 GMT

The law firm of Sheehan, Barnett, Dean, Pennington, Little & Dexter, PSC will no longer be utilizing a post office box. Mail may now be addressed to their offices located at 114 South Fourth Street, Danville, KY 40422-1826.

Job Opening

Kathi McKeown — Mon, 24 Jul 2017 19:33:02 GMT

Lawyers Mutual is seeking candidates for the office of Executive Vice-President and Chief Executive Officer. This officer reports to the Board of Directors and is responsible for planning and directing all aspects of the company’s objectives; overseeing its short term and long term profitability and growth; ensuring effective claims resolution; complying with all legal and regulatory insurance requirements; and managing the company’s day-to-day operations and staff of eight. The successful candidate must possess a juris doctorate degree; be licensed to practice law; and have the skills to make presentations to groups and to motivate staff. Interested candidates should send a resume with salary request to President Ruth Baxter, P.O. Box 353, Carrollton, KY 41008 or Rbaxter@cbkylaw.com by August 30, 2017. For a complete job description go to LMICK.com.

KDC Welcomes 3 Fowler Bell Attorneys

Kathi McKeown — Sun, 23 Jul 2017 19:01:55 GMT

KDC welcomes its three newest members, all practicing at Fowler Bell in Lexington, Kentucky and sponsored by KDC Past President, Guy Colson.

Shawn D. Chapman is a 2002 University of Kentucky College of Law graduate. Mr. Chapman's practice includes Appellate, Business Litigation, Commercial, General Liability, Insurance and Tort law.

Christopher G. Colson is a 2009 University of Kentucky College of Law graduate. Mr. Colson practices in the areas of Auto, Business Litigation and Insurance.

Matthew David Ellison is a 2005 University of Kentucky College of Law graduate. Mr. Ellison practices in the areas of Appellate, Insurance and Property law.

New Contact Info for John M. Bush

Kathi McKeown — Thu, 20 Jul 2017 13:31:08 GMT

KDC member, John M. Bush is now with Bush & Osbourn PLLC, Louisville, Kentucky.

Change of Law Firm Info

Kathi McKeown — Sun, 16 Jul 2017 15:21:41 GMT

KDC member, Mark E. Nichols, is now with Nichols Walter, PLLC, Lexington.

Relocation - Law Office of Benny C. Epling

Kathi McKeown — Sun, 16 Jul 2017 14:54:18 GMT

The Law Office of Benny C. Epling has relocated to 501 Darby Creek Road, Suite 61, Lexington, KY 40509. All other information remains the same.

Todd Greer Joins KDC --

Kathi McKeown — Sun, 16 Jul 2017 13:47:08 GMT

KDC is pleased to welcome its newest member, Todd Greer of Boehl Stopher & Graves, LLP, Louisville. Mr. Greer is a graduate of the University of Louisville Brandeis School of Law and practices in the areas of Appellate, Business Litigation, Contract, General Liability, Insurance, Premises, Professional Liability and Tort. He is a member of DRI.

Claire Parsons - Article in For the Defense

Kathi McKeown — Sun, 16 Jul 2017 13:39:50 GMT

Turn to page 86 of the July 2017 edition of DRI's publication For the Defense to read KDC's Secretary-Treasurer's outstanding article, Three Reasons Why Young Lawyers Should Perform Community Service.

FRCP 30(b)(6) - Message from DRI President

Kathi McKeown — Mon, 10 Jul 2017 15:23:25 GMT

Dear DRI Colleagues:

The Advisory Committee on Civil Rules of the U.S. Courts is seeking comments on FRCP 30 (b)(6) which addresses the manner in which organizational depositions are conducted. DRI has a long and active history of participation in the civil rules making process, and invites your assistance as we gather information to give the Advisory Committee.

Members interested in helping DRI provide advice to the Advisory Committee about how Civil Rule 30 (b)(6) is working, and whether any changes to the Rule are necessary, should contact Jim McCrystal (jmccrystal@sutter-law.com), chair of the Federal Rules Committee of DRI’s Center for Law and Public Policy.

The Advisory Committee has been working on this project for several months. There is no formally announced deadline for providing comments, but the Advisory Committee would like to hear from interested parties by August 1^st, 2017.

At its April meeting, the Advisory Committee outlined several areas for consideration:

Should organizational depositions be made a specific topic of discussion during the Rule 26 (f) conference?
Does testimony in an organizational deposition bind a party like an admission under Rule 36, or is such testimony merely admissible over a hearsay objection? Can a party be barred from introducing contrary evidence with a Rule 37 argument that the witness was not properly prepared?
Should the rule be amended to permit supplementation of the deposition much like an expert can supplement a report under Rule 26(e)(2)?
Should contention questions be barred during organizational depositions? (*DRI Note: “contention questions” are generally defined as those which support or pertain to a party’s allegations/contentions in the pleadings.)
Should the rule include explicit language authorizing pre-deposition objections? Must such objections be specific as in Rule 34(b)? Should the organization make a proffer of what it will provide despite the objection, and would they excuse performance absent a court order?
What is the proper relationship between the Rule 30 limitation on duration and number of witnesses when an organizational deposition is taken with multiple witnesses?

Comments to the Advisory Committee do not need to be limited to these six topics, although these were specifically outlined by the Committee in its solicitation for commentary.

DRI is proud to be at the forefront of critical rule-making processes such as this. Your input and assistance is greatly appreciated.

John E. Cuttino
DRI President

Two more join KDC --

Kathi McKeown — Sat, 08 Jul 2017 17:35:38 GMT

KDC welcomes its two newest members:

Matthew Jake Bliss of Boehl Stopher & Graves, LLP, Lexington is a University of Kentucky College of Law graduate. Mr. Bliss practices in the areas of Commercial, General Liability, Insurance, Premises, Professional Liability and Real Estate Transaction.

Michael Todd Davisof Boehl Stopher & Graves, LLP, Lexington is a University of Kentucky College of Law graduate. Mr. Davis practices in the areas of Appellate, Auto, Construction, Contract, General Liability, Government, Insurance, Premises, Product Liability, Tort & Trucking.

Change of Address --

Kathi McKeown — Mon, 03 Jul 2017 18:25:17 GMT

The law firm of Spurgeon and Tinkrs, PSC is now located at 141 Prosperous Place, Suite 23-B, Lexington.

Tyler Adkins

Kathi McKeown — Mon, 03 Jul 2017 18:24:33 GMT

KDC member, Tyler Adkins, is now practicing with Steptoe & Johnson, PLLC, Charleston, WV.

Whitney Graham joins KDC!

Kathi McKeown — Fri, 30 Jun 2017 14:26:12 GMT

KDC welcomes it newest member, Whitney F. Graham of McMasters Keith Butler, Inc., Louisville. Ms. Graham graduated from the University of Louisville Brandeis School of Law and practices in the area of medical malpractice. She is sponsored by KDC member, Beth McMasters.

Chad Sizemore --

Kathi McKeown — Wed, 28 Jun 2017 13:19:15 GMT

Chad Sizmore is now practicing with Roetzel & Andress, LPA, Cincinnati.

Firm Relocation

Kathi McKeown — Fri, 16 Jun 2017 16:54:14 GMT

The law firm of Williams, Farmer & Lowe Law Group has relocated to 303 S. Main Street, London, Kentucky.

For the Defense -- June 2017 Issue

Kathi McKeown — Fri, 16 Jun 2017 14:37:37 GMT

Have you received the June 2017 issue of For the Defense? KDC members are EVERYWHERE!

Take a look at the fantastic picture on page 9 that includes KDC Past President Pat Moloney, amongst others. Pat now serves as the Director for DRI's Southern Region and has done a fabulous job.

Then turn to page 13 where there is an article written by KDC Past President, Casey Stansbury -- Governmental Liability Lagniappe. Casey now serves as Chairman of DRI's Governmental Liability Committee.

Last, only because these are being presented in the order they appear, turn to page 40 where there is an article written by Tia Combs, who has been very involved with KDC's YLS. Her article "The Perils of Arming School Staff" provides some great information for those practicing in the area of education law.

Thanks to all of you for making us Kentucky Proud!!

Kristen Worak & Adam Towe

Kathi McKeown — Fri, 16 Jun 2017 13:43:47 GMT

Congratulations to new KDC Directors, Kristen Worak and Adam Towe, who were nominated and approved to serve as Directors by the KDC Board. Ms. Worak will serve as a Director for District 1, replacing Miller Grumley who served on the KDC Board for five years. Mr. Towe will serve as a Director for District 5, replacing Clayton Oswald, soon to be a first-time father. KDC looks forward to working with Kristen and Adam and will miss having Miller and Clayton at Board meetings and wish them the best.

New Contact Info for Melanie S. Marrs

Kathi McKeown — Fri, 16 Jun 2017 13:42:44 GMT

Melanie S. Marrs is now working with Kinkead & Stilz, Lexington.

New Contact Info

Kathi McKeown — Thu, 25 May 2017 15:16:44 GMT

Stephanie Carr is now practicing with Wilson Elder Moskowitz Edelman & Dicker in their Louisville office.

DRI May 2017 Issue of For the Defense -- Check it Out

Kathi McKeown — Thu, 25 May 2017 13:56:16 GMT

Check out Page 14 of the May 2017 issue of DRI's For the Defense. Great picture and great article regarding KDC 2017 Spring Seminar.

Moving On - Christine deBriffault and Neal Krokosky

Kathi McKeown — Fri, 19 May 2017 15:23:17 GMT

KDC member, Christine de Briffault is now practicing with The Benson Law Firm, Lexington.

KDC member, Neal Schall Krokosky, is now working with Caesars Enterprise Services, LLC, Las Vegas.

The best to both Christine and Neal in their new endeavors.

DRI Opposes American Law Institute's Restatement of the Law, Liability Insurance

Kathi McKeown — Thu, 18 May 2017 15:06:50 GMT


THE FOLLOWING IS A NEWS RELEASE ISSUED BY DRI ON MAY 16, 2017
News Release
For Immediate Release	For more information, contact: Tim Kolly 312-698-6220 tkolly@dri.org \| @DRILawPubPolicy
DRI Opposes American Law Institute’s Restatement of the Law, Liability Insurance Called Creating, Rather Than Clarifying, the Law
CHICAGO – (May 16, 2017)—Stating “. . . we are gravely concerned that many provisions contained in ALI’s Restatement are at odds with the common law of insurance, and will impede the ability of our members to represent policyholders pursuant to the tripartite relationship . . .,” DRI – The Voice of the Defense Bar is asking American Law Institute members to oppose ALI’s Restatement of the Law, Liability Insurance during ALI’s annual meeting in Washington, DC, May 22-24. In a letter to ALI Director Richard Revesz, DRI stated “In preparing drafts of a proposed Restatement of the Law, ALI Reporters are tasked to identify the majority rule and should only diverge from it if recent trends in the case law have shown the majority rule to be ‘outmoded or undesirable.’” Yet, in many instances, the Restatement would adopt rules that are entirely new, or have only been adopted in a handful of states. Reporters clearly diverge from the majority rule without demonstrating why or how the majority rule allegedly is “outmoded or undesirable.” There are numerous individual sections that are seriously flawed in their statements of the common law and basic principles of insurance jurisprudence. For instance, the Restatement proposes a new set of rules governing the relationship between policyholders, their defense counsel and insurers. Specifically, in Section 12, the Restatement sets out new rules concerning the liability of the insurer for defense counsel’s conduct in defending the policyholder. Section 12 would provide that “An insurer exercising the right to defend a legal action is subject to liability for the negligence or other breach of professional obligation of defense counsel and related service providers if the insurer negligently selects or supervises defense counsel. This Section would create new direct liability on the part of the insurer to the insured for the acts of defense counsel, and would do so in the absence of appropriate support in the case law for applying direct liability in this setting. In fact, the Restatement draft itself acknowledges that “[t]here is little case law on this topic.” Promoting a new cause of action against insurers for the “selection” or inadequate or negligent “supervision” of defense counsel raises many issues of great concern to DRI." It would encourage greater intrusion into the professional services of defense counsel by insurers, impede the relationship between defense counsel and policyholders and tread on the ethical obligations of defense counsel to their clients. There are many other sections of the draft that also depart from the common law to propose new rules, which further exemplifies that this project is far from a typical “Restatement” of the Law. Said DRI Executive Director John R. Kouris, “The late-Justice Antonin Scalia criticized Restatements that did not report and explain the law, but instead stated what they wished it to be. This may be the very type of Restatement of which he spoke.” In sum the Proposed Final Draft of this Restatement does not codify existing common law, but instead repeatedly stakes out new and controversial positions without adequate grounding in law or public policy. A Restatement of the Law, Liability Insurance that is an advocate for dramatic changes in the law without common law basis would be an abrupt departure from the reliable, clear statement of existing law that lawyers and courts have come to expect as the scholarly work product in ALI’s Restatements. ALI should not adopt this Restatement project as it stands. ### About DRI – The Voice of the Defense Bar For more than fifty-five years, DRI has been the voice of the defense bar, advocating for 22,000 defense attorneys, commercial trial attorneys, and corporate counsel and defending the integrity of the civil judiciary. A thought leader, DRI provides world-class legal education, deep expertise for policy-makers, legal resources, and networking opportunities to facilitate career and law firm growth. For more information, log on to www.dri.org

KDC Member Wm. T. ("Bill") Robinson Dies

Kathi McKeown — Tue, 09 May 2017 20:38:08 GMT

Former American Bar Association President and Local Attorney Wm. T. (Bill) Robinson Dies

Leaves a legacy in the region and nationally

May 9, 2017 (Florence, KY) – Frost Brown Todd (FBT) Florence, Kentucky, office Member-in-Charge Wm. T. (Bill) Robinson III has died. Robinson was a respected leader in the legal profession and throughout the business and civic community. He leaves behind a legacy unmatched by most.

“Bill’s impact in the region and his extensive leadership in our profession have been most admirable. His optimism and determination were infectious and will be greatly missed by all. We have lost not only an exceptionally creative and dedicated lawyer, but also a genuine friend. Our thoughts and prayers go out to Joan, Bill’s wife of almost 48 years, and the rest of his family,” says George Yund, FBT Chief Executive Officer.

Robinson joined FBT as the member-in-charge of the firm’s Northern Kentucky office in 2007 and primarily focused on civil litigation. He had extensive experience in commercial litigation, product liability defense, environmental litigation and medical malpractice defense. His leadership in the legal community extended far beyond his law practice. For more than 45 years, Robinson was an active member of the American Bar Association (ABA) and served in numerous leadership positions, including as 135^th President (2011-12); Treasurer (2005-08); 10 years on the Board of Governors; more than 30 years in the ABA House of Delegates; and nine years as a Kentucky State Delegate. He also served as chair of several ABA Standing Committees. In August 2016, he was appointed chair of the ABA Standing Committee on the American Judicial System, created two years earlier to protect the fair and impartial judiciary within the American democracy. Robinson also served as chairman of the National Judicial College (NJC) Board of Trustees, the nation’s leading provider of education to judges across America and abroad. He served in numerous other professional organizations and associations nationally and internationally.

For several decades, Robinson was an avid advocate for regional economic development. Starting in the early 1980s, he served on the board and as chairman of the Northern Kentucky Chamber of Commerce. He was a founding member of both the Regional Economic Development Initiative (REDI Cincinnati) and Northern Kentucky’s TRI-County Economic Development Corporation. He was extensively involved in many other organizations, including the UC Economic Center, the Commonwealth of Kentucky Economic Development Partnership and the Cincinnati/Northern Kentucky International Airport Board. In March 2017, Robinson was recognized by REDI Cincinnati and presented the inaugural "Wm. T. (Bill) Robinson III Upward and Onward Award (2017)" for more than 30 years of regional leadership in economic development.

Frost Brown Todd’s Chairman John R. Crockett III says, “Bill was among the most committed and accomplished people in our profession. It has been an honor to be his partner, and a privilege to be his friend.”

Robinson’s service to the community in which he lived and worked was boundless and included serving on the boards of educational institutions, arts foundations, regional faith-based and charitable organizations, among them the United Way of Greater Cincinnati, Boy Scouts of America, the Taft Museum of Art and the Cincinnati Symphony Orchestra. He served the Redwood School & Rehabilitation Center for more than 45 years, including as president and honorary chair of its campaign executive committee. His countless recognitions over the years included the Lifetime Achievement Award by the Northern Kentucky Bar Association, the Themis Award by the Cincinnati Bar Association, and distinguished service awards from the NJC, the America Jewish Committee, and the National Center for State Courts. He received honorary doctorate degrees and delivered commencement speeches at several universities across the country, including Catholic University of America, Xavier University, Northern Kentucky University Salmon P. Chase College of Law and his alma mater, Thomas More College. Robinson earned his J.D. at the University of Kentucky College of Law, and was inducted into its Alumni Hall of Fame in 2004.

Kentucky Food Frenzy --

Kathi McKeown — Fri, 05 May 2017 18:42:50 GMT

Kentucky’s legal community raised more than 350,000 pounds, or 175 tons, of food through donations for families and children across the state, Attorney General Andy Beshear said Friday.

The effort is part of the inaugural Kentucky Legal Food Frenzy that takes donations of food, money and volunteer time during the competition announced in February by Beshear and partners.

Lawyers and staff competed outside the courtroom for two weeks – March 27 to April 7 – to raise food and funds for Kentucky’s food bank network. Northern Kentucky University's Chase College of Law, the Risk Firm, and Graydon were among the top donors.

A total of 125 law firms and legal organizations representing more than 2,500 attorneys and staff competed for the grand prize – the Attorney General’s Cup – Beshear said.

GE Appliances’ legal department won the grand prize by raising the equivalent of 33,379 pounds of food. Paducah’s Bryant Law Center, who won the Small Firm Award, missed winning the grand prize by 156 pounds of food; they donated 33,223 pounds total.

The Office of the Attorney General, the Prosecutors Advisory Council (PAC) and several local prosecutors joined the competition to raise food and funds for local food banks. The Office of the Attorney General donated the equivalent of 6,792 pounds of food, and PAC and the offices of county and commonwealths attorneys combined donated the equivalent of more than 51,000 pounds of food.

Fayette Commonwealth’s Attorney Lou Anna Red Corn and her staff won the Government and Public Service Award by donating 16,109 pounds.

Kentucky’s three law schools held their own competition. NKU’s Chase College of Law won the division title this year by raising the equivalent of 1,610 pounds.

“Congratulations to the Attorney General’s Cup winner GE Appliances’ legal department, NKU Chase College of Law, and all of the 2017 Kentucky Legal Food Frenzy winners,” Beshear said. “I could not be more proud of Kentucky’s legal community for its generosity toward those in need in our state. The true winners of this competition are the children who will receive healthy, balanced meals this summer.”

Tamara Sandberg, Kentucky Association of Food Banks executive director, said Beshear issued the challenge to the state’s legal community to take action against hunger, and “the Kentucky Bar Association Young Lawyers Division answered that challenge with zeal.”

“On behalf of Kentucky’s food bank network, I want to express our gratitude to the Young Lawyers Division, Attorney General Beshear and all the firms, legal organizations and law schools that worked hard to help stock the shelves of food banks,” Sandberg said.

The Kentucky Legal Food Frenzy, a partnership between the Office of the Attorney General, Kentucky Bar Association Young Lawyers Division and the Kentucky Association of Food Banks, is timed to help food banks prepare for increased demand during the summer months when children do not have access to school meals.

Nearly all (94 percent) of Kentucky’s food bank client households with school-aged children receive free or reduced-price school lunch through the National School Lunch Program.

Only one in 13 school-aged children who receive free and reduced-priced lunch during the school year, however, have access to such meals during the summer months when school is out.

Kentucky’s seven regional food banks serve 53,000 Kentuckians each week. All of the food and funds collected during the Legal Food Frenzy benefit the regional food bank that serves each competitor’s community.

Beshear said a large part of the campaign’s success was the leadership behind the competition.

“I would like to thank the Kentucky Bar Association Young Lawyers Division Chair Rebecca Schafer and campaign co-chairs Lee Metzger and Miranda Click of the Young Lawyers Division as well as Susan Rieber in my office,” Beshear said. “Their hard work and dedication made the inaugural Legal Food Frenzy a success. I appreciate the generosity of all Kentucky lawyers and legal staff who contributed to this important effort.”

Winners of the 2017 Kentucky Legal Food Frenzy

Corporate Legal Department/Grand Prize Winner: GE Appliances: 33,379 pounds. (Louisville)

Small Firm: Bryant Law Center: 5,537 pounds per attorney,33,223 pounds total (Paducah)

Large Firm: Wyatt Tarrant & Combs: 165 pounds per attorney, 19,645 pounds total (Lexington and Louisville)

Government and Public Service: Fayette Commonwealth’s Attorney’s Office: 16,109 pounds (Lexington)

Medium Firm: Graydon: 386 pounds per attorney, 9,640 pounds total (Fort Mitchell)

Solo Firm: The Risk Firm: 2,063 pounds per attorney, 4,125 pounds total (Covington)

Law School: NKU Chase College of Law: 1,610 pounds (Highland Heights)

“My first priority is to protect Kentucky families and children, and each day far too many are struggling to obtain enough food for a healthy, active life,” Beshear said. “The Legal Food Frenzy will continue to be an opportunity for the state’s legal community to challenge each other outside the courtroom for the noble cause of reducing hunger.”

KDC-DRI Young Lawyers

Kathi McKeown — Mon, 01 May 2017 20:13:39 GMT

Please join KDC and DRI members at Parlay Social, Lexington, for a happy hour on Thursday, May 4th from 4:30 to 6:00 pm. Learn more about DRI's Young Lawyer Seminar being held in Austin during June, and meet some individuals attending prior to the event.

SCOTUS Decision in Bank of America v. City of Miami Aligns with DRI Amicus Brief

Kathi McKeown — Mon, 01 May 2017 19:24:06 GMT

The following is a DRI News Release dated May 1, 2017.

The Supreme Court today adopted the view advocated in a DRI amicus curiae brief that, to prove a violation of the Fair Housing Act, a plaintiff must do more than show that the harm suffered was a foreseeable consequence of the defendant’s actions. The brief had been filed by DRI’s Center for Law and Public Policy.

The City of Miami brought separate Fair Housing Act suits against Bank of America and Wells Fargo in the Southern District of Florida.

The City alleged that the banks provided loans to minorities on less favorable terms than to non-minorities; that some of those loans defaulted because of those allegedly discriminatory terms; that some of those defaults led to foreclosures; that some of those foreclosures led to decreased property values, not only at the foreclosed property but at other nearby properties, as well; and that those decreases in property values in turn led to decreased tax revenue (and increased municipal-service costs) for the city government. The City claims “hundreds of millions” of dollars in damages.

The banks each moved to dismiss and the district court agreed, dismissing both cases. The Eleventh Circuit reversed holding that proximate cause is satisfied so long as the plaintiff’s injury could have been foreseen by the defendant.

The DRI brief asserted that to date, the Supreme Court has consistently held that the proximate cause requirement Congress is presumed to include in federal causes of action requires not only that the plaintiff’s injury be foreseeable, but also that there be some degree of directness between a plaintiff’s injury and defendant’s conduct.

The Court reversed the Eleventh Circuit’s proximate cause analysis and reiterated that damages claims under the FHA are analogous to common law tort actions, and thus require a direct relationship between the injury asserted and the injurious conduct alleged. The Court remanded the case to the Eleventh Circuit to apply the principles set forth in the Court’s opinion.

The Court’s decision has implications beyond the FHA. The decision is part of a phalanx of cases imposing traditional principles of proximate cause to various federal statutory causes of action including the Clayton Act, RICO, and now the FHA. Today’s decision should be cited for the proposition that proximate cause for violations of federal statutes requires a direct connection between the purported misconduct and the alleged harm (absent contrary statutory language). And according to the Supreme Court, mere foreseeability of the alleged harm is not sufficient.

“As the district court recognized, it is exceedingly difficult to determine with any reasonable certainty what amount of lost tax revenue and resource expenditures were attributed to (alleged) unfair lending practices, given all of the other economic factors responsible for the City’s losses,” DRI’s brief stated.

DRI brief author Matthew Nelson of Warner Norcross & Judd LLP in Grand Rapids, Michigan, is available for interview or for expert comment through DRI’s Communications Office.

For the full text of DRI’s amicus brief, click here.

About DRI – The Voice of the Defense Bar

For more than fifty-five years, DRI has been the voice of the defense bar, advocating for 22,000 defense attorneys, commercial trial attorneys, and corporate counsel and working to defend the integrity of the civil judiciary. A thought leader, DRI provides world-class legal education, deep expertise for policy-makers, legal resources, and networking opportunities to facilitate career and law firm growth. For more information, log on to www.dri.org

KDC Welcomes Adam E. Fuller

Kathi McKeown — Sat, 22 Apr 2017 20:31:34 GMT

KDC welcomes its newest member:

Adam E. Fuller of Vaughn Petitt Legal Group, PLLC, Pewee Valley, Kentucky. Mr. Fuller graduated from the University of Louisville Brandeis School of Law and practices in the areas of Civil Rights, Government, Insurance and Tort.

Defense Verdict for Melanie Marr!

Kathi McKeown — Thu, 20 Apr 2017 13:04:24 GMT

Congratulations to KDC member, Melanie Marr, on her recent defense verdict. The following is reprinted from the 4/19/17 issue of DRI's The Voice:

Melanie S. Marrs

Fulkerson, Kinkel & Marrs is pleased to announce a recent unanimous Defense Verdict it obtained on behalf of a hospital in Whitley County, Kentucky. Firm partner and DRI member Melanie S. Marrssuccessfully defended the lawsuit that included claims of medical negligence by the hospital’s nursing staff and by the co-defendant doctor.

The lawsuit claimed that the hospital failed to provide appropriate care and treatment of a 22 year-old woman who was admitted with a suspected urinary tract infection, hypokalemia, and symptoms of nausea and vomiting. She remained in the hospital for five days, during which she underwent surgery to treat kidney stones. Following her surgery, the woman’s condition improved sufficiently, including normalization of her potassium levels, such that her treating physician determined she could be discharged. The physician prescribed the woman the antibiotic Levaquin, noted to have a risk of QT wave prolongation in patients with unresolved hypokalemia, to treat her UTI and a case of pneumonia that had developed during her hospital stay. The following day the woman collapsed due to a cardiac event sometime after she took her first dose of Levaquin. Consequently, the woman suffered an anoxic brain injury. The plaintiffs alleged that the hospital nursing staff failed to administer potassium appropriately as required by a standing protocol. With respect to the co-defendant physician, plaintiffs alleged that he improperly discharged her with a prescription of Levaquin. Ms. Marrs defended the nursing staff’s conduct by presenting evidence that the nurses did not administer potassium per a verbal order from the on duty physician to suspend the standing protocol. They also presented evidence that the woman’s cardiac event was the result of stress cardiomyopathy (Takotsubo) rather than due to Levaquin-induced QT wave prolongation. The jury found unanimously for both the hospital and the doctor on standard of care after deliberating for little more than an hour. Plaintiffs had sought $50,000,000.00 as total compensation for the injury.

Kathleen Watson joins KDC!

Kathi McKeown — Mon, 17 Apr 2017 14:50:40 GMT

KDC is pleased to welcome its newest member, Kathleen E. Watson of O'Bryan, Brown & Toner, Louisville. Ms. Watson graduated from Northern Kentucky University Chase College of Law and practices in the area of Medical Malpractice. She is sponsored by KDC member, Scott Burroughs.

Federal Judge (Louisville) Dismisses Hovering Drone Suit

Kathi McKeown — Thu, 06 Apr 2017 17:08:48 GMT

The following is reprinted from ABA's Tech Publication of March 27, 2017.

FEDERAL JUDGE DISMISSES LAWSUIT AGAINST HOMEOWNER WHO SHOT DOWN HOVERING DRONE

POSTED MAR 27, 2017 08:40 AM CDT

BY DEBRA CASSENS WEISS

A federal judge in Louisville has dismissed a suit seeking damages against a property owner who shot down a hobbyist’s drone in 2015.

Senior U.S. District Judge Thomas Russell dismissed the suit against self-described “drone slayer” William Merideth, citing a lack of federal subject matter jurisdiction, Ars Technica reports.

The suit by hobbyist John David Boggs had sought a declaratory judgment that a drone is an “aircraft” under federal law, that Boggs’ drone was operating in U.S. airspace, and that property owners can’t shoot at drones in this airspace. The suit also sought $1,500 in damages.

Russell wrote in a March 21 opinion that the suit was essentially a garden-variety state tort claim that should not be in federal court. Although the Federal Aviation Administration has an interest in enforcing regulations governing federal airspace, “its interest in applying those regulations in the context of a state tort law claim for trespass to chattels is limited or nonexistent,” Russell said. At most, the FAA regulations are ancillary issues in the case, he concluded.

Ars Technica spoke with two legal experts who said the judge’s decision was sound and not surprising.

Boggs’ lawyer, James Mackler, told Ars Technica that he will speak to his client about whether to appeal. “This remains an extraordinarily important issue,” Mackler said. “We desperately need clarification from this issue and that has to come from the federal level. Drones are continuing to be shot down. There have been many incidents. This has to be an issue that is addressed, but we have not decided whether we are going to file our appeal.”

KDC Members, Ron Green & Jeffrey Steptoe, Speakers at IIK Seminar

Kathi McKeown — Thu, 06 Apr 2017 16:38:33 GMT

KDC members, Ron Green of Green, Chesnut & Hughes, Lexington and Jeffrey Phillips of Steptoe & Johnson, will both be speaking at the upcoming IIK Seminar, being held next week in Louisville. KDC members may attend the seminar at the IIK member rate. Here is the information provided to us by IIK:

The 2017 P & C seminar jointly sponsored by Insurance Institute of Kentucky and Eastern Kentucky University's Risk Management and Insurance Program is now set, and this year will be a bit of a departure from the format we have done in past years. This year we have combined the seminar with EKU's Morgan Insurance Conference which had formerly been held on the EKU campus.

This year's Morgan conference will be held in Louisville on April 13, and the program is titled Acting in Good Faith: Insurer Best Practices. CLE and CE have now been approved. CLE for attorneys has been approved for 6.25 units, and CE for adjusters and agents has been approved for 6 hours.

Following are the details of the conference: seminar for attorneys, paralegals, in-house counsel, adjusters and other insurance claims professionals, and other interested parties

Burke A. Christensen, JD, CLU, Eastern Kentucky University

Ron Green, Green, Chesnut, & Hughes, PLLC

J. Dale Golden, Golden Law Office

Ancil G. Ramey, Steptoe & Johnson, PLLC

Michelle E. Gaston, Steptoe & Johnson, PLLC

Jeffrey K. Phillips, Steptoe & Johnson, PLLC

Registration is only $100 and you may register online here if you want to pay by credit card. To pay by check you may use the registration form included in the attached brochure.

If you have any questions, please feel free to contact Debbie Ellis of EKU at (859) 622-1579 or debbie.ellis@eku.edu.

We look forward to seeing you there!
------------------------------------------------- Mark Treesh, Executive Director
Insurance Institute of Kentucky
PO Box 54542
Lexington, KY 40555-4542
(859) 543-9759 Office
(859) 285-0555 Cell
mark@iiky.org
https://iiky.org/

KDC Welcomes 5 New Members

Kathi McKeown — Thu, 06 Apr 2017 16:26:55 GMT

KDC welcomes the following new members:

Matthew Michael Allen of Reminger Co., LPA, Ft. Mitchell, graduated from the University of Cincinnati College of Law. Mr. Allen practices in the areas of Auto, Education, Employment, General Liability, Insurance, Product Liability, Tort, Trucking & Workers' Compensation. He is sponsored by KDC member, John Dunn.

Danielle J. Lewis of Reminger Co., LPA, Louisville, graduated from Northern Kentucky University Chase College of Law. Ms. Lewis practices in the areas of General Liability, Insurance, Medical Malpractice, Nursing Home, Premises, Product & Professional Liability, and Trucking. She is a member of DRI and sponsored by KDC Director, Todd Page.

Robin D. Neace of Adams, Stepner, Woltermann & Dusing, Covington, graduated from Indiana University, Maurer School of Law. Ms. Neace practices in the areas of Government and Tort. She is a member of DRI and is sponsored by KDC Director, Claire Parsons.

Zachary Chase Richards of Sewell & Neal, PLLC, Louisville is a University of Louisville Brandeis School of Law graduated. Mr. Richards practices in the areas of Insurance and Tort. He is sponsored by KDC member, Charles Walker.

Natalie E. M. Wais of Young & Alexander Co., LPA, Cincinnati, Ohio is graduated from the University of Louisville Brandeis School of Law. Ms. Wais practices in the areas of Insurance and Tort. She is a member of DRI and sponsored by KDC member, Aaron J. Silletto.

Same Sex Rights Flourish

Kathi McKeown — Wed, 05 Apr 2017 19:15:04 GMT

The following is reprinted from a Dinsmore & Shohl release of April 5, 2017:

Same Sex Rights Flourish – Except at work?

November 17, 2016

Allison Goico and J. Corey Asay

In the last 20 years, the legal landscape has shifted dramatically for lesbians, gays, bisexuals, and transgender (LGBT) individuals. In 1996, the Supreme Court used the Equal Protection Clause to invalidate an amendment to Colorado’s Constitution that would have prevented any branch or political subdivision of the state from protecting individuals against sexual orientation discrimination.¹ Several years later, the Court determined that individuals’ rights to liberty under the Due Process Clause gave them the full right to engage in private consensual sexual conduct without the government’s intervention.² Then, in 2013, the Supreme Court struck down the Defense of Marriage Act, finding that it violated the equal protection guarantee of the Fifth Amendment.³ And finally, just last year, the Supreme Court ruled that under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples had the right to marry in every state.⁴

While each of these decisions had a profound impact on the lives of many Americans, none increased the workplace protections of LGBT employees under federal anti-discrimination laws. As a panel of the Seventh Circuit recently pointed out, “[m]any citizens would be surprised to learn that under federal law any private employer can summon an employee into his office and state, ‘You are a hard-working employee and have added much value to my company, but I am firing you because you are gay.’”⁵

In fact, every circuit court that has been asked whether Title VII – the federal law that prohibits discrimination against an employee because of his race, color, religion, sex or national origin – covers discrimination based on sexual orientation has answered the question “no.”⁶ However, in reaching this conclusion, every court has unequivocally condemned the practice of sexual orientation discrimination as unwise, unfair and immoral. So why the disconnect?

As most courts see it, the issue is that Title VII does not explicitly prohibit sexual orientation discrimination, and Congress has attempted for decades to pass legislation that would expand Title VII to cover sexual orientation discrimination but has come up short.⁷ Also, most states have not passed legislation that covers such discrimination.

But all of this is not to say that LGBT employees are without recourse. Since the Supreme Court’s decision in Price Waterhouse v. Hopkins, Title VII has covered claims by employees who were discriminated against because they did not conform to traditional gender stereotypes.⁸ In Price Waterhouse, Ann Hopkins failed to make partner at her accounting firm and was told she could improve her chances next time if she would walk, talk and dress more femininely, get her hair styled, and wear jewelry. The Supreme Court said this sort of gender stereotyping constitutes discrimination because of sex under Title VII.⁹

What arose from Price Waterhouse is a line of cases that protect LGBT employees from gender stereotyping discrimination but not from discrimination based on sexual orientation. The courts following this approach are forced to distinguish between behavior that would fall into the gender stereotyping category and be protected from those which would fall into the sexual orientation discrimination category and not be. At best, this is a difficult task. At worst, it’s an exercise in futility.

Some courts, unwilling or unable to differentiate between the two categories, have discarded this approach all together. For these courts, if it appears that the employee is trying to recast a sexual orientation discrimination case as one for gender stereotyping, they will deny all relief. In other words, these courts reject employees’ claims of gender stereotyping, as meritorious as they may be, when it appears the claims are intertwined with a sexual orientation discrimination claim.¹⁰

This could be primed for a change, though. While courts seem confused as to Title VII’s scope, the EEOC has no doubt: sexual orientation discrimination is, the EEOC says, discrimination because of sex. In Baldwin v. Foxx,¹¹ the EEOC came to this conclusion for three main reasons. First, it concluded that “sexual orientation discrimination is sex discrimination because it necessarily entails treating an employee less favorably because of the employee’s sex.”¹² To make its point, the EEOC gave the example of a woman who is suspended for placing a photo of her female spouse on her desk, and a man who faces no consequences for the same act. Second, it explained that “sexual orientation discrimination is also sex discrimination because it is associational discrimination on the basis of sex,” in which an employer discriminates against lesbian, gay, or bisexual employees based on who they date or marry.¹³ Finally, the EEOC described sexual orientation discrimination as a form of discrimination based on gender stereotypes in which employees are harassed or punished for failing to live up to societal norms about appropriate masculine and feminine behaviors, mannerisms and appearances.¹⁴ In emphasizing this last point, the EEOC rejected the numerous court decisions that have tried to distinguish between gender non-conformity claims and those for sexual orientation discrimination.

In its guidance on the subject, the EEOC has tracked the Baldwin decision and said that discrimination on the basis of sexual orientation is illegal under Title VII. In litigation involving the EEOC, it has pushed this tripartite approach with varying success. While no circuit court has followed Baldwin or the EEOC’s guidance, a number of district courts have taken notice. Courts in Alabama, the District of Columbia, California, Oregon and Pennsylvania have all sided with the EEOC’s position and found that Title VII does prohibit sexual orientation discrimination.¹⁵ So, at least in these courts, an employer may be held liable for discrimination based on sexual orientation, just like any other protected category under Title VII.

Unfortunately, the Supreme Court has not weighed in on this important topic to resolve the tension between the circuit courts and the EEOC (and certain district courts). It’s hard to say whether the Supreme Court will decide this issue soon, but the Court’s interest in cases addressing LGBT rights, such as the Gloucester County School Board v. G.G. case (involving issues of a school district’s obligations to a transgender student) that will be addressed this term, makes it likely that this issue will come before the Court eventually.

So until the Court decides whether Title VII prohibits sexual orientation discrimination, what’s an employer to do? After all, a mistake here –- even one made in good faith — could cost an employer Here are three things employers can do right now to minimize their liability:

Update your anti-harassment policy to include sexual orientation. While the weight of legal authority says that LGBT employees do not have claims for sexual orientation discrimination under Title VII, that trend is shifting. The EEOC’s position is clearly at odds with most of the case law, but as the agency enforcing federal discrimination laws, it has the authority to file lawsuits against employers who thumb their noses at it. A number of lower courts have listened, holding that Title VII does prohibit sexual orientation discrimination. Even if you disagree with the EEOC’s position, do you want to be the long and expensive test case that goes to the Supreme Court?
Train your employees on your policies. A written policy isn’t any good unless your employees –– particularly your managers –– know about it. It’s smart to periodically train your employees on sexual and other types of harassment. Make training on sexual orientation discrimination part of it. Ensure your employees know that your company prohibits discrimination on the basis of sexual orientation just as it does discrimination on other protected bases.
Make sure to follow through. It’s easy to talk the talk, but make sure you walk the walk. Just as you should not tolerate racial slurs and derogatory comments about women in the workplace, employees need to know that offensive comments about gay, lesbian and transgender individuals are also out of bounds. If someone makes a complaint of sexual orientation discrimination, management should investigate and take prompt remedial action, just as it would with any other type of complaint.

When it comes to LGBT rights and protections, the legal world is in a state of flux. For employers, that means a lot of uncertainty, but you don’t have to be held captive by uncertain times. Be proactive now and help limit the potential of future liability. Contact your Dinsmore attorney with questions.

Romer v. Evans, 517 U.S. 620 (1996).
Lawrence v. Texas, 539 U.S. 558, 578 (2003).
United States v. Windsor, 133 S. Ct. 2675 (2013).
Obergefell v. Hodges, 135 S. Ct. 2584, 2696 (2015).
Kimberly Hively v. Ivy Tech Community College, No. 15-1720, slip op. at 33 (7th Cir. Aug. 1, 2016).
Id. at 6.
See, e.g., Employment Non-Discrimination Act of 2013, H.R. 1755, 113th Cong. (2013).
490 U.S. 228, 251 (1989).
Id. at 251.
See, e.g., Vickers v. Fairfield Med. Ctr., 453 F.3d 757 (6th Cir. 2006).
EEOC Appeal No. 0120133080, 2015 WL 4397641 (July 16, 2015).
Id. at 5.
Id. at 6.
Id.
Isaacs v. Felder Services, LLC, 143 F. Supp. 3d 1190 (M.D. Ala. Oct. 29, 2015) (holding claims of sexual orientation-based discrimination cognizable under Title VII); Terveer v. Billington, 34 F. Supp. 3d 100 (D.D.C. 2014) (same); Heller v. Columbia Edgewater Country Club, 195 F. Supp. 2d 1212, 1222 (D. Or. 2002) (“Nothing in Title VII suggests that Congress intended to confine the benefits of that statute to heterosexual employees alone.”); Videckis v. Pepperdine Univ., 150 F. Supp. 3d 1151 (C.D. Cal. Dec. 15, 2015) (finding sex discrimination necessarily includes sexual orientation discrimination under Title IX); Equal Employment Opportunity Commission v. Scott Medical Health Center, No. 16-225 (W.D. Pa. Nov. 4, 2016) (denying defendant’s motion to dismiss and finding that allegations of sexual orientation discrimination are covered by Title VII).

Ellen Houston Newest KDC Member

Kathi McKeown — Wed, 22 Mar 2017 17:16:12 GMT

KDC welcomes its newest member:

Ellen M. Houston of Dressman Benzinger LaVelle psc, Crestview Hills graduated from the University of Northern Kentucky Salmon P. Chase College of Law. Ms. Houston practices in the area of Medical Malpractice. She is a member of DRI and sponsored by KDC Past President, Bob Hoffer.

Caitlin Housley joins KDC

Kathi McKeown — Wed, 15 Mar 2017 14:41:20 GMT

KDC welcomes its newest member:

Caitlin Elizabeth Housley of O'Bryan, Brown & Toner, Louisville graduated from the University of Kentucky College of Law. Ms. Housley practices in the area of Medical Malpractice. She is a member of DRI and is sponsored by KDC member, Scott Burroughs.

KDC Welcomes Two New Members --

Kathi McKeown — Tue, 14 Mar 2017 17:22:57 GMT

KDC welcomes its two newest members:

Angela Call of Nunery & Call, PLLC, Campbellsville is a Northern Kentucky Chase College of Law graduate. Ms. Call practices in the areas of General Liability and Insurance. She is sponsored by KDC member (and husband), Steve Call.

Marc Tawfik of McNeely Stephenson, New Albany, Indiana graduated from law school at Ohio Northern University. Mr. Tawfik practices in the areas of auto, Business Litigation, Commercial, Construction, Contract, General Liability, Insurance Coverage, Medical Malpractice, Premises & Professional Liability, Property, Tort and Workers' Comp. He is a member of DRI and is sponsored by KDC member, Larry R. Church.

DRI Annual Professional Achievement and Service Awards

Kathi McKeown — Fri, 10 Mar 2017 18:27:57 GMT

DRI members: Please consider nominating an individual you feel is worthy of any of the awards as outlined in the following brochure. You and the individual you are nominating needs to be a member of DRI. Not sure if an individual is a member of DRI, please feel free to contact the DRI office or DRI State Rep, Kit Hornback, and they will assist you.

2017-Professional_Achievement_Awards.pdf

KDC Member, Thomas Travis, Named As Judge!

Kathi McKeown — Wed, 08 Mar 2017 18:55:01 GMT

KDC congratulates KDC member, Thomas Travis, as being named a Judge for Fayette County by Governor Matt Bevin. KDC wishes Mr. Travis the best!

Thomas L. Travis, a Member at Ward, Hocker & Thornton, PLLC, was selected by Governor Bevin to fill the vacant Fayette Circuit judgeship in the Court’s 8th Division on March 7, 2017. Travis was among three Lexington attorneys submitted to the Governor in January to fill the seat.

Travis’ legal career has spanned nearly 30 years with his practice consisting of all types of civil litigation, disputes regarding insurance coverage and trial and appellate advocacy. He has litigated across the Commonwealth in numerous jurisdictions and venues. He has been an attorney with Ward, Hocker & Thornton, PLLC for 26 years.

Travis graduated from the University of Kentucky College of Law in 1987. He is a native of Glasgow, Kentucky, and resides in Lexington with his wife Lisa. They have two adult children.

Circuit Court is the court of general jurisdiction that hears civil matters involving more than $5,000, capital offenses and felonies, divorces, adoptions, termination of parental rights, land dispute title cases and contested probate cases. The Circuit Court judicial seat became vacant when Judge Thomas L. Clark resigned in November 2016.

Three New KDC Members --

Kathi McKeown — Mon, 06 Mar 2017 21:37:24 GMT

KDC welcomes the following attorneys from Dressman Benzinger & LaVelle psc, Crestview Hills:

Michael Joseph Entzweiter graduated from the Salmon P. Chase College of Law and practices in the areas of Employment and Medical Malpractice. He is a member of DRI.

Ryan Michael McClane graduated from the University of Kentucky College of Law and practices in the areas of Business Litigation and Medical Malpractice.

Cathy Lee Stickels graduated from the Salmon P. Chase College of Law and practices in the area of Medical Malpractice.

Thanks to KDC Director, Nick Birkenhauer, and KDC Past President, Robert Hoffer, for sponsoring these new members!

Wilson Ewen Newest KDC Member

Kathi McKeown — Fri, 03 Mar 2017 16:07:23 GMT

KDC welcomes its newest member, Wilson Henry Ewen of Ewen & Kinney, PLLC, Louisville. Mr. Ewen graduated from the University of Cincinnati College of Law and practices in the areas of Auto, Insurance and Tort. He is sponsored by KDC member, A. Ewen Kinney.

KDC Welcomes Priscilla Page

Kathi McKeown — Thu, 02 Mar 2017 19:11:58 GMT

KDC welcomes its newest member, Priscilla Page of O'Bryan, Brown & Toner, Louisville. Ms. Page graduated from the University of Louisville Brandeis School of Law and practices in the areas of Medical Malpractice, Premises Liability, Product Liability and Professional Liability. She is sponsored by KDC Director, Katherine Kerns Vesely.

Nunery & Call Relocated

Kathi McKeown — Wed, 01 Mar 2017 21:02:04 GMT

Nunery & Call have relocated their offices to 225 E. First Street, Campbellsville, Kentucky.

Congratulations - Carl Frazier

Kathi McKeown — Tue, 28 Feb 2017 13:28:32 GMT

KDC member Carl N. Frazier is one of three young lawyers honored by the American Bar Association’s Young Lawyers Division as a finalist for the 2016 William Reece Jr. National Outstanding Young Lawyer Award, an annual recognition of an ABA young lawyer who exhibits professional excellence, service to the profession and the bar, service to the community, and a reputation for or the advancement of legal ethics and professional responsibility. This is one of several awards Carl has been recognized with.

“Nomination for this prestigious award is an amazing accomplishment and a testament to your superb reputation as an outstanding lawyer, servant to the public and bar leader,” said Lacy Durham, chair of the ABA’s National Outstanding Young Lawyer Award.

According to Durham, Katy Boatman of Houston was selected as the 2016 National Outstanding Young Lawyer; Timothy Ting of Carbondale, IL joins Carl as a finalist. “The Board commends Carl on his amazing accomplishments and remarkable reputation within his community,” Durham said.

Trevor Earl joins KDC

Kathi McKeown — Fri, 24 Feb 2017 19:32:36 GMT

KDC welcomes its newest member, Trevor L. Earl of Reed, Weitkamp, Schell & Vice PLLC, Louisville. Mr. Earl graduated from law school at the College of William and Mary and practices in the areas of premises liability and product liability. He is sponsored by KDC Past President, Ridley M. Sandige.

Defense Verdict for for Greg Funfsinn

Kathi McKeown — Fri, 24 Feb 2017 19:29:34 GMT

Congratulations to KDC member, Greg Funfsinn on his recent defense verdict!

... a good result for a restaurant client ... after a 3-day jury trial in Bell County, KY. The case involved a slip/trip and fall on a recently mopped floor at a quick serve restaurant. Plaintiff sustained a trimalleolar ankle fracture with dislocation that required multiple surgeries and hardware. She asked the jury for more than $673,000 in damages. The jury returned a verdict placing 51% fault on Plaintiff and 49% on my client. She was awarded only her past medical expenses and lost wages.

Defense Verdicts -- KDC Members

Kathi McKeown — Fri, 24 Feb 2017 19:09:18 GMT

Congratulations to KDC members Ashley Brown & Tucker Willis on their recent defense verdict:

Ashley Brown and Tucker Willis obtained a unanimous defense verdict today in a jury trial in Jefferson County. The premises liability case involved allegations of a traumatic brain injury and claimed medical expenses of $160,000. The claimed damages were diminished through pretrial motion practice, resulting in the plaintiff being permitted to claim $5,500 at trial. The jury deliberated and returned a defense verdict on liability, finding no dangerous condition on the defendant’s premises.

KDC Welcomes Larry Church

Kathi McKeown — Wed, 22 Feb 2017 19:16:29 GMT

KDC welcomes its newest member, Larry Church of McNeely Stephenson, New Albany, Indiana. practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Construction, Contract, General Liability, Insurance Coverage, Premises and Product Liability, Property and Torts. He is a member of DRI and sponsored by KDC member, Tom Glassman.

KDC Member Relocation

Kathi McKeown — Thu, 02 Feb 2017 19:24:39 GMT

KDC member, Rachel Stratton, is now practicing with O'Bryan, Brown & Toner, Louisville.

New KDC Members

Kathi McKeown — Sun, 15 Jan 2017 18:32:27 GMT

KDC welcomes its two newest members: Timothy Edward Bridgeman and Ian A. Loos, of Bell, Orr, Ayers & Moore, P.S.C., Bowling Green.

Mr. Bridgeman is a graduate of the University of Louisville Brandeis School of Law and practices in the areas of Auto, Civil Rights, General Liability, Insurance, Premises and Tort.

Mr. Loos is a graduate of the University of Kentucky Law School and practices in the areas of Auto, General Liability, Insurance, Premises and Tort.

Both members are sponsored by KDC Director, Paul Lawless.

Potential Email Phishing Scam Targeting Bar Associations' Members

Kathi McKeown — Fri, 30 Dec 2016 19:22:30 GMT

The following is reprinted from the KBA website:

State bar associations nationwide are reporting that their members have been receiving false notifications indicating that a disciplinary action has been filed against them. The emails appear to have been sent from the association’s office of bar counsel or their local bar association.

ALL correspondence from the Kentucky Bar Association’s Office of Bar Counsel (OBC) regarding the commencing of a disciplinary action will come via the U.S. Post Office. The OBC never uses email to send notice to a member of a disciplinary proceeding.

We suggest that you delete suspicious emails IMMEDIATELY. DO NOT open these emails or click any links. Doing so could result in your computer or device being exposed to a virus. We ask that our members be careful and diligent in regards to this matter.

If you are unsure about an email or a website, please contact us at (502) 564-3795.

KDC Welcomes --

Kathi McKeown — Fri, 16 Dec 2016 16:02:50 GMT

KDC welcomes its newest member, Lyndol Scott Miller of Sturgill, Turner, Barker & Moloney, PLLC, Lexington. Mr. Miller graduated from the University of Northern Kentucky Chase College of Law and practices in the areas of Auto, Civil, Employment and Government Entity. He is sponsored by KDC Past President, Hank Jones.

Langdon Worley

Kathi McKeown — Tue, 13 Dec 2016 13:59:38 GMT

KDC member, Langdon Worley, is now practicing at the law firm of Sturgill, Turner, Barker & Moloney, PLLC, Lexington.

KDC Members/Friends in FOR THE DEFENSE

Kathi McKeown — Mon, 28 Nov 2016 21:00:26 GMT

For those of you who are members of DRI, we wanted to bring the following to your attention. In the November 2016 issue of Common Defense, on page 4 there is the great news that our great friend, John Trimble, was the recipient of the Indianapolis Bar Association's 2016 Professionalism Awards. For those of us who have had the privilege of working with John, we know this is well deserved. Congratulations, John!

On page 4, there is a picture of KDC Director, Jeff Lowe, relative to Jeff being nominated and appointed to serve a one-year term on the DRI's Board of Directors. We appreciate having Jeff on our Board, and we know DRI will not be disappointed with his efforts.

Skipping past some other great articles and landing on page 20, there is a great article on Endometrial Cancer - A Primer in Medicine and the Law authored by KDC member, Andrew DeSimone of Sturgill, Turner, Barker & Moloney, PLLC, Lexington, which is co-authored with Dr. Christpher DeSimone who is an associate professor in the Division of Gynecologic Oncology at the University of Kentucky. Well done!!

It's great to see so many peopled involved with KDC in the national organization's publication. Keep up the good work and keep us Kentucky Proud!

Ryan Polcyznski Newest KDC Member

Kathi McKeown — Mon, 28 Nov 2016 20:17:44 GMT

KDC welcomes its newest member, Ryan Polczynski, of Whitlow, Roberts, Houston & Straub, PLC, Paducah. Ryan graduated from the University of Louisville Brandeis School of Law and practices in the areas of Auto, Bad Faith, Business Litigation, Construction, Contract, General Liability, Insurance, Medical Malpractice, Premises Liability, Product Liability, Tort and Trucking. He is sponsored by KDC Director, Jason Coltharp, and he is a member of DRI.

KDC -- Pat Trombetta Relocation

Kathi McKeown — Mon, 28 Nov 2016 20:15:53 GMT

Pat Trombetta is now practicing with Bonezzi Switzer Polito & Hupp in Cincinnati.

Rachel Dalton & Rudy Ellis Latest KDC Members!

Kathi McKeown — Thu, 27 Oct 2016 12:14:23 GMT

KDC welcomes two new members:

Rachel Dalton of O'Bryan, Brown & Toner, Louisville, is a University of Louisville Brandeis School of Law graduate who practices in the areas of Auto, Bad Faith, General Liability, Insurance, Medical Malpractice, Nursing Home, Professional Liability and Tort.

Rudy John Ellis III of Goldberg Simpson, LLC, Prospect, is a University of Louisville Brandeis School of Law graduate who practices in the areas of Appellate, Auto, Bad Faith, Business Litigation, Construction, Insurance, Product Liability, Tort and Trucking. Mr. Ellis is a member of DRI and is sponsored by KDC member, Aaron Silletto.

DRI New Member Spotlight -- Aida Almasalkhi

Kathi McKeown — Wed, 26 Oct 2016 16:21:31 GMT

Congratulations to KDC member, Aida Almasalkhi of Goldberg, Simpson, Prospect, for being the attorney selected for the "New Member Spotlight" for DRI's October 26, 2016 issue of The Voice.

New Member Spotlight

Aida Almasalkhi is an associate with Goldberg Simpson LLC in Louisville, Kentucky. Her practice primarily includes tort defense, insurance coverage and bad faith, and general civil litigation. Ms. Almasalkhi is from Louisville, but she received her B.A. from the University of Kentucky in Lexington, Kentucky. She then earned her J.D. and graduated with a Certificate of Distinction in Litigation Skills from the University of Louisville Brandeis School of Law. While in law school, Ms. Almasalkhi served as a summer intern for the U.S. District Court for the Eastern District of Louisiana for the Honorable Ivan Lemelle, the Jefferson County Attorney’s Office, and the U.S. Attorney’s Office of the Western District of Kentucky.

She was also selected to serve as a member of the University of Louisville Law Review, a pupil member of the Brandeis Inn of Court, and a Brandeis diversity ambassador. Ms. Almasalkhi was on the winning team of the Kentucky Trial Tournament in 2014, received the Edward M. Post Award for excellence in litigation skills, and was awarded the Kentucky Judges Association Scholarship in recognition of her demonstrated skill in trial advocacy. She was admitted to the Kentucky Bar in September 2016.

Free DRI Memberships

Kathi McKeown — Wed, 26 Oct 2016 13:37:31 GMT

Effective November 1, 2016, DRI is no longer offering free memberships to new members. However, new DRI members (who have never been a member) will be provided with a certificate to attend a DRI seminar at a greatly reduced rate.

KDC and DRI align to best serve the needs of all civil defense counsel. There are benefits to being a member of both organizations.

KDC wishes to thank DRI for its continual support.

Successful Amicus Brief!

Kathi McKeown — Mon, 24 Oct 2016 21:16:22 GMT

Congratulations to Eric Hamilton of Coleman, Lochmiller & Bond, Elizabethtown on his successful amicus brief filed in the matter of Philadelphia Indemnity Insurance Company, Inc. v. Richard Tryon and Encompass Indemnity Company and Encompass Indemnity Company v. Richard Tryon and Philadelphia Indemnity Insurance Company, Inc.

If you are interested in reading the Supreme Court's Opinion in this UIM matter, go to the Members Only Section and click on Amicus Opinions (KDC Briefs).

Thanks to Eric for his time commitment in writing and filing the brief on behalf of KDC and to Dave Kramer for his usual great assistance.

Congratulations to Jeff Lowe!

Kathi McKeown — Mon, 24 Oct 2016 20:55:14 GMT

Congratulations to KDC Director, Jeff Lowe, who was recently nominated and elected to the position of DRI National Director at the DRI Annual Meeting held last week in Boston. This is a well-deserved position for Jeff and we wish him the best during his one-year term.

KDC Welcomes Three New Members!

Kathi McKeown — Mon, 24 Oct 2016 20:50:05 GMT

KDC welcomes its three newest members:

Nicole L. Antolic of Ward, Hocker & Thornton PLLC, Lexington is a 2015 University of Kentucky law school graduate. Ms. Antolic practices in the areas of Auto, Employment, Insurance, Premises and Trucking.

Rebecca L. Galloway of Ward, Hocker & Thornton PLLC, Louisville, is a 2011 graduate of the Salmon P. Chase College of Law. Ms. Galloway practices in the areas of Auto, Insurance, Premises and Trucking.

Michael T. Kunjoo of Ward, Hocker & Thornton PLLC, Lexington, is a 2011 University of Kentucky law school graduate. Mr. Kunjoo practices in Workers' Compensation.

DRI Annual Meeting

Kathi McKeown — Sat, 08 Oct 2016 16:54:46 GMT

Just a reminder that the DRI meeting is being held this year in Boston, October 19-23. It is never too late to register for this event; just go to DRI.org and click on the appropriate links to the registration form. Besides the outstanding CLE programs, this year's seminar includes a Thursday night party on the field at Fenway.

Any questions? Please contact the DRI office or Kentucky's State Representative for DRI, Kit Hornback (khornback@reinhardtlaw.com).

KDC Welcomes --

Kathi McKeown — Sat, 08 Oct 2016 16:50:34 GMT

KDC welcomes its newest member Aida Almasalkhi of Goldberg Simpson, LLC, Prospect. Aida is sponsored by KDC member, Aaron Silletto and she is a member of DRI.

KDC also welcomes back Todd Osterloh of Sturgill, Turner, Barker & Moloney, PLLC, Lexington. Todd practices in the areas of Business Litigation, Civil Rights, Education, Employment, Government, Municipal and Utilities. He is a member of DRI and is sponsored by KDC member (and Past President), Pat Moloney.

Thomas Glassman --

Kathi McKeown — Sat, 08 Oct 2016 16:49:02 GMT

KDC member (and contributing author to KDC's Common Defense) is now practicing with Bonezzi, Switzer, Polito & Hupp in Cincinnati, OH.

DRI's For the Defense

Kathi McKeown — Fri, 23 Sep 2016 13:47:10 GMT

Turn to page 63 of the September 2016 issue of DRI's For the Defense to read an article co-authored by KDC member Frank C. Woodside III, M.D., "Defense Through the Exposure of Fallacies."

Congratulations to Jeff Lowe!

Kathi McKeown — Fri, 23 Sep 2016 13:43:02 GMT

Congratulations to KDC Director, R. Jeffrey Lowe of Kightlinger & Gray, LLP for being named a candidate for a DRI National Director position. KDC wishes Jeff the best during the selection process!

Steve Kinkel Retires!

Kathi McKeown — Tue, 23 Aug 2016 19:30:25 GMT

KDC wishes to congratulate KDC member, Steve Kinkel of Fulkerson, Kinkel & Marrs, PLLC, Lexington on his recent retirement, and further wishes Steve and his wife, Cathy, many years of good health and happiness!

KDC Members Moving On ...

Kathi McKeown — Mon, 22 Aug 2016 16:44:53 GMT

The following KDC members have recently joined new firms:

Edward H. Bartenstein now at Parrent & Oyler, Louisville

Lindsey Howard now at Stoll Keenon Ogden PLLC, Louisville

Jamie Neal now at Burke Neal PLLC, Louisville

Robert Rosing now at Sewell & Neal, PLLC, Louisville

Rebecca Schafer now at Dzenitis Newman PLLC, Louisville

Carson Wood Smith now at Allen & Newman, Lexington

Kathryn T. Martin now at Gwin Steinmetz & Baird PLLC, Louisville

Whitney Wood now with Kightlinger & Gray, New Albany

Michael Schmitt and Jennifer Fell now at Kentucky Public Service Commission, Frankfort

Additionally, James Tauziac, formerly with Kelley, Brown & Breeding now resides in Mesa, Arizona.

Stephanie Carr --

Kathi McKeown — Mon, 22 Aug 2016 15:03:18 GMT

KDC member, Stephanie Carr, is now practicing with Ward, Hocker & Thornton PLLC in their Louisville office.

Scott Burroughs

Kathi McKeown — Fri, 19 Aug 2016 17:29:32 GMT

KDC member, Scott Burroughs, is now practicing with O'Bryan, Brown & Toner, Louisville, Kentucky.

KDC Member Article in For the Defense

Kathi McKeown — Thu, 18 Aug 2016 20:43:37 GMT

KDC member, Christine de Briffault, has authored an article for the August 2016 edition of DRI's For the Defense. Turn to page 46 to read Vermont Regulation Preempted; Payer-Provider Conflicts Continue.

KDC Members Moving On --

Kathi McKeown — Fri, 12 Aug 2016 13:50:02 GMT

Colleen Hartley is now practicing with the Department of Justice in Washington, DC

Andolyn Reeves Johnson is now practicing with the U.S. Attorney's Office, Western District of Louisiana,

Kevin Andrew Osborne is now practicing with Legal & Legislative Services in Frankfort

Jessica Stigall Newest KDC Member!

Kathi McKeown — Sun, 24 Jul 2016 14:35:02 GMT

KDC welcomes its newest member, Jessica Stigall of Phillips, Parker, Orberson & Arnett, PLC, Lexington. Ms. Stigall is a graduate of the University of Northern Kentucky Chase College of Law and practices in the areas of Auto, Business Litigation, Commercial, Premises Liability, Product Liability, Property, Tort and Trucking. She is sponsored by KDC member, Langdon Worley.

David Noble

Kathi McKeown — Tue, 12 Jul 2016 18:27:15 GMT

KDC member, David Noble, is now practicing with Whiteford, Taylor, Preston, LLP in Lexington.

Stacey Blankenship & Kristen Worak ...

Kathi McKeown — Thu, 16 Jun 2016 13:46:39 GMT

KDC members, Stacey Blankenship (former KDC Director) and Kristen Worak are now affiliated with Keuler, Kelly, Hutchins & Blankenship, LLP in Paducah.

KDC Welcomes Chadler M. Hardin

Kathi McKeown — Sat, 28 May 2016 14:39:37 GMT

KDC welcomes its newest member, Chadler M. Hardin of Goldberg Simpson, LLC, Prospect. Mr. Hardin is a U of L Brandeis School of Law graduate, practices in the area of insurance, and is a member of DRI. He is sponsored by KDC member, Kelley M. Rule.

Whitney Mobley Newest KDC Member!

Kathi McKeown — Thu, 12 May 2016 15:18:38 GMT

KDC welcomes Whitney L. Mobley of Ward, Hocker & Thornton, PLLC, Lexington. Ms. Mobley graduated from law school at the University of Kentucky and practices in the area of workers' compensation. She is sponsored by KDC's YLS Chair, Jillian House.

Kathryn Eckert --

Kathi McKeown — Wed, 11 May 2016 15:03:07 GMT

KDC member, Kathryn Eckert, is now practicing with Fulkerson, Kinkel & Marrs, PLLC, Lexington.

Congratulations to John Trimble!

Kathi McKeown — Wed, 27 Apr 2016 18:38:19 GMT

Congratulations to John Trimble, who has participated in long range planning meetings with the KDC Board of Directors, on the following defense win. We have heard a lot about this case in Kentucky. Way to go, John! The following is reprinted from DRI's The Voice issued on May 27, 2016:

John C. Trimble and Lewis S. Wooton

DRI members John C. Trimble and Lewis S. Wooton of the Indianapolis firm of Lewis Wagner, LLP recently won a 5-0 decision in the Indiana Supreme Court on behalf of the Indiana State Fair Commission.

In August of 2011 certain stage rigging collapsed during a concert by the country band Sugarland. The collapse killed seven people and injured more than 60 others. The owner of the collapsed stage roof, Mid-America Sound, contended that it should be indemnified by the State Fair because of fine print indemnity language on the back of an invoice form that had been in use for 10 years. The State Fair initially won summary judgment in the trial court, but in 2015 the ruling was overturned by the Indiana Court of Appeals in a 2-1 ruling. After hearing oral argument, the Supreme Court reinstated the summary judgment and found that the State Fair had not “knowingly and willingly” agreed to indemnify Mid-America for its own negligence.

Join us at The Garage!

Kathi McKeown — Wed, 27 Apr 2016 17:27:00 GMT

All KDC members and seminar attendees are invited to join in festivities at The Garage, 700 West Market, Louisville on Thursday, April 27, beginning at 5:30 p.m. The event, which includes appetizers and beverages, sponsored by Robson Forensic. We hope to see many of you there!

Joseph M. Mills Newest Member of KDC

Kathi McKeown — Fri, 15 Apr 2016 20:00:03 GMT

KDC is pleased to welcome its newest member, Joseph M. Mills of Beckman & Farris, PSC, Shepherdsville. Mr. Mills graduated from law school at the University of Northern Kentucky and is sponsored by KDC President-Elect, Beth Lochmiller.

Tia Combs --

Kathi McKeown — Mon, 11 Apr 2016 18:05:38 GMT

KDC member, Tia Combs, is now practicing with the Lexington office of Mazanec, Raskin & Ryder in Lexington.

Tyler Adkins --

Kathi McKeown — Fri, 08 Apr 2016 17:20:27 GMT

KDC member, Tyler Adkins, is now practicing with Steptoe & Johnson.

Katelyn Becker joins KDC!

Kathi McKeown — Fri, 08 Apr 2016 16:46:08 GMT

KDC is pleased to welcome its newest member, Katelyn Becker of Blackburn, Domene & Burchett, PLLC, Louisville. Ms. Becker graduated from Indiana University's law school and now practices in the areas of Personal Injury, Auto and Insurance defense. She is sponsored by KDC member, Jennifer Adams.

Goldberg Simpson Attorneys Published in DRI’s Duty to Defend Compendium

Kathi McKeown — Mon, 07 Mar 2016 16:39:56 GMT

DRI’s Duty to Defend Compendium has just been published. The Compendium addresses the latest developments on topics including what triggers the duty to defend, what is the scope of that duty, when is there a right to independent counsel and what types of proceedings require a defense, for each of the 50 states, as well as the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. Compendium authors were selected based upon their breadth and depth of experience and knowledge in handling duty to defend and coverage issues. Charles H. Cassis and Lindsey L. Howard of Goldberg Simpson authored the Compendium’s Kentucky chapter.

2016 Spring Seminar

Kathi McKeown — Wed, 02 Mar 2016 18:00:23 GMT

The 2016 Spring Seminar will be held on Friday, April 29th at the University of Louisville Shelby Campus (Hurstbourne & Shelbyville Road). We are pleased to announce that Paul Unger will be returning, but with a different program this year. We look forward to having him back.

KDC members may again this year bring or send staff at a greatly reduced rate.

The KDC is in the process of organizing a gathering at 5:30 p.m. on Thursday, April 28th. All KDC members and everyone registered for the seminar (including registered staff) are invited to attend this gathering. This reception is sponsored in part by Robson Forensics.

Registrations will be mailed out soon!!

DRI Law Student Diversity Scholarship

Kathi McKeown — Wed, 02 Mar 2016 14:11:15 GMT

DRI announces its annual Law Student Diversity Scholarship program, open to rising (2016-17) second- and third-year African American, Hispanic, Asian, Native American, LGBT and Multi-Racial students. The goal of these scholarships is to provide financial assistance to two worthy law students from ABA-accredited law schools to promote, in a tangible way, the DRIDiversity Statement of Principle.

All rising second- and third-year female law students are also eligible, regardless of race or ethnicity. Any other rising second- and third-year law students who come from backgrounds that would add to the cause of diversity, regardless of race or gender, are eligible to apply.

To qualify for this scholarship, a candidate must be a full-time student. Evening students also qualify for consideration if they have completed one-third or more of the total credit hours required for a degree by the applicant's law school.

Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:

Demonstrated academic excellence
Service to the profession
Service to the community
Service to the cause of diversity

Applications must be received by DRI no later than Wednesday, March 30, 2016.

------------------------------
Cheryl Palombizio
DRI - Director of SLDO Relations
Chicago IL
(312) 698-6207
------------------------------

David Haney & Sarah Tilley --

Kathi McKeown — Tue, 23 Feb 2016 16:50:06 GMT

KDC members David L. Haney and Sarah E. Tilley are now practicing with Gwin, Steinmetz & Baird, PLLC, Louisville.

CLE Program - Change in Date

Kathi McKeown — Fri, 19 Feb 2016 22:08:47 GMT

Due to the KDC Spring Seminar being held on Friday, April 29th, the CLE program "Medical Malpractice Appellate Court Updates" has been rescheduled for Tuesday, May 17th (originally scheduled for Tuesday, April 26th).

KDC Welcomes Stephen Mattingly & Kathryn Eckert!

Kathi McKeown — Fri, 19 Feb 2016 14:26:27 GMT

KDC welcomes its newest member --

Stephen J. Mattingly of Dinsmore & Shohl LLP, Louisville is a University of Louisville Brandeis School of Law graduate. Mr. Mattingly practices in the areas of Appellate, Business Litigation, Commercial, Contract, Education, General Liability, Medical Malpractice, Premises Liability, Product Liability and Tort. He is sponsored by KDC President, Brad Case.

Kathryn Eckert of Ward, Hocker & Thornton, PLLC, Lexington is a graduate of the University of Kentucky Law School. Ms. Eckert practices in the areas of Insurance Coverage, Medical Malpractice, Premises Liability, and Product Liability. She is sponsored by KDC's YLS chair, Jillian House.

Back by Popular Demand!

Kathi McKeown — Mon, 15 Feb 2016 18:09:20 GMT

KDC is pleased to announce that Paul Unger will be presenting at the 2016 KDC Spring Seminar, but with a different program than last year. Staff will be allowed to attend this year as well at a reduced rate.

Additionally, an individual from the AOC will spend one hour instructing on Electronic Filing.

More information will be available soon! We will be applying for 6.0 hours of CLE with Kentucky, Ohio and Indiana, which will include 1.0 ethics credit.

Stan Lee & Jessica Droste --

Kathi McKeown — Fri, 12 Feb 2016 17:27:00 GMT

KDC members Stan Lee & Jessica Droste have joined Sturgill, Turner, Barker & Moloney, PLLC, Lexington.

Board of Directors Meeting Rescheduled

Kathi McKeown — Thu, 28 Jan 2016 18:37:51 GMT

Due to the inclement weather this past week, the KDC Board of Directors and Long Range Planning meeting was cancelled and has been rescheduled for February 13th.

DRI - SCt Grants Certiorari in in Microsoft v. Baker

Kathi McKeown — Fri, 22 Jan 2016 18:14:58 GMT

The following was received today from Tim Kolly, DRI, Chicago:

For Immediate Release

For more information, contact:
Tim Kolly 312-698-6220 | tkolly@dri.org

Supreme Court Grants Certiorari in Microsoft v. Baker

DRI November Amicus Brief Sought High Court’s Review in Class Certification Case

CHICAGO – (January 22, 2016)—The U.S. Supreme Court has granted certiorari in the case of Microsoft v. Baker, a case involving the legitimacy of plaintiff tactics in securing interlocutory review of an adverse class certification decision. DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, had sought Supreme Court review of the 9^th Circuit’s decision to grant review that that court had previously denied.

In 2007, Xbox 360 console owners filed five actions alleging their Xbox 360 consoles had a propensity to scratch game discs. Plaintiffs sought recovery for breach of warranty, as well as for violation of state consumer protection acts. After sixteen months of discovery, the district court denied class certification. The court found individual issues of causation and damages foreclosed certification, particularly given that fewer than 0.4% of Xbox 360 owners even reported disc scratching. The Ninth Circuit denied a petition for review, the parties settled on an individual basis, and the case was dismissed.

In 2011, however, the same lawyers as in the original lawsuit filed a new action on behalf of different plaintiffs, making the exact same allegations -- but claiming the law on class certification had changed, now permitting class certification. The district court granted Microsoft's motion to strike the class allegations, finding the reasoning in the initial class certification denial persuasive and holding that nothing in recent case law undermined the earlier court's causation analysis. The Ninth Circuit again denied plaintiffs' petition seeking review.

But rather than prosecute their individual claims to final judgment in the district court, the plaintiffs responded by voluntarily dismissing with prejudice and filing a notice of appeal from the dismissal. The Ninth Circuit, in the reported decision identified above, found it had jurisdiction over the appeal from the voluntary dismissal under its recent decision in Berger v. Home Depot USA, Inc.. It then addressed the merits of the order striking the class allegations and reversed, holding that Rule 23 allows classes to be certified on warranty claims when plaintiffs characterize their claims as turning on common factual questions about the alleged existence of a defect.

This recent decision gives plaintiffs a troubling new path to immediate review of class certification denials. If this tactic gains currency, plaintiffs (but not defendants) will have the right to an immediate appeal from any adverse class certification ruling. But five circuits have rejected this tactic. Most recently, in Camesi v. University of Pittsburgh Medical Center, the Third Circuit termed it“ procedural sleight of hand to bring about finality,” instead of taking their individual cases to trial, and held “voluntary dismissals … constitute impermissible attempts to manufacture finality[.]”

The maneuver also contravenes a unanimous Supreme Court decision limiting review of class decisions.

DRI’s brief takes the position that the Ninth Circuit’s approach allowed plaintiffs who were previously unsuccessful in obtaining interlocutory appellate review of class certification denial under Federal Rule of Civil Procedure 23(f) to obtain a second chance at an interlocutory appeal of the certification order simply by voluntarily dismissing their case with prejudice under Rule 41(a). The position taken by the DRI is that such a tactic robs the appellate courts of their discretion to determine what class certification decisions warrant interlocutory appellate review and creates a one-way street for opportunistic plaintiffs looking to force defendants into high-dollar settlement through multiple appeals despite the existence of a meritorious defense.

Brief co-authors Hilary Ballentine and Mary Massaron of Plunkett Cooney (Bloomfield Hills, MI) are available for interview or expert comment through DRI’s Communications Office.

For the full text of the Supreme Court’s opinion, click here.

###

About DRI – The Voice of the Defense Bar

New Firm Name --

Kathi McKeown — Wed, 20 Jan 2016 20:38:38 GMT

The Law Firm of Schiller Osbourn Barnes & Maloney has changed the firm name to Schiller Barnes Maloney PLLC. Their website is now www.sbmkylaw.com.

KDC Officers attend DRI Meeting for SLDO Leadership

Kathi McKeown — Sat, 16 Jan 2016 19:03:53 GMT

Several KDC members were in attendance at the SLDO Leadership conference held this past Thursday and Friday in Chicago. KDC officers in attendance were KDC President Brad Case and KDC President-Elect Beth Lochmiller. Pat Moloney and Kit Hornback were there in their capacities as DRI Southern Region Director and DRI State Representative for Kentucky. Jeff Lowe and Casey Stansbury (also a current KDC officer) were there on behalf of DRI's Governmental Affairs Committee.

If you are not already a member of DRI and are thinking about joining, please contact Kit Hornback to learn more about DRI.

Welcome to KDC's Newest Member!

Kathi McKeown — Sat, 16 Jan 2016 19:00:34 GMT

KDC welcomes its newest member, Trent Robinson of Boehl, Stopher & Graves, LLP, Pikeville. Mr. Robinson is a graduate of the Appalachian School of Law and practices in the area of automobile liability. He is sponsored by KDc member and YLS Chair, Jillian House.

Legislative Tracking

Kathi McKeown — Wed, 06 Jan 2016 19:06:16 GMT

HR 3766, requiring transparency and accountability for foreign aid contributions

Requires the President to establish goals and metrics for evaluating foreign aid
Requires updates for the Department of State from any department providing aid
10/20/15 – introduced and referred to the House Foreign Relations Committee
11/5/15 – reported by committee
12/8/15 – passed the House

HR 2297, seeking to prevent financing of Hizballah and related entities

Requires the President to report on certain providers that contract with al-Manar TV
Prohibits the opening of certain accounts that facilitate Hizballah's operations
Provides for penalties under the Emergency Economic Powers Act for violations
Requires reports on Hizballah's drug- and human-trafficking activities
5/13/15 – introduced
5/14/15 – passed the House
11/17/15 – passed Senate with changes
12/16/15 – House agreed to changes
12/18/15 – enacted

HR 2241, requiring reports on global health innovations

Requires reports from the United States Agency for International Development (USAID)
Directs that the reports have information on global health innovation in USAID programs
5/2/15 – introduced and referred to the House Foreign Affairs Committee
11/5/15 – reported by committee
12/18/15 – passed the House

HR 4239, enacting the Tracking Foreign Fighters in Terrorist Safe Havens Act

Requires reports from the Director of National Intelligence on foreign fighter movements
Focuses on foreign fighters' movements into areas deemed terrorist safe havens
Requires reports on the number of American citizens in those terrorist safe havens
12/11/15 – introduced
12/16/15 – passed the House

FEDERAL LEGISLATION (Contributor: Suzanne E. Derr, Carr Maloney P.C., Washington, D.C.)

PRODUCT LIABILITY

HR 22, relating to the Fixing America’s Surface Transportation Act

To maintain and improve the condition and performance of the National Multimodal Freight Network to ensure that the Network provides a foundation for the U.S. to compete in the global economy
1/6/2015 – introduced in the House
1/6/2015 – referred to the House Committee on Ways and Means
1/6/2015 – passed the House
2/12/2015 – Reported by Senator Hatch and the Committee on Finance without amendment
7/30/2015 – Passed/agreed to in Senate
11/5/2015 – To conference: Mr. Shuster moved that the House agree with an amendment to the Senate amendments, insist upon its amendment to the Senate amendment, and request a conference
11/4/2015 – House amended bill to require auto parts suppliers and manufacturers to provide specific information to further compliance of Section 30120(j) of Title 49. Requires information to be made available on a public website and through databases to ensure defective auto parts are removed from the supply chain and can be tracked if a recall is ordered.
11/17/2015 – H. Amdt. 820 to HR 22 agreed to by voice vote
11/18/2015 – Conference committee actions: conference held
12/1/2015 – Conference report filed
12/3/2015 – Conference report agreed to in House
12/3/2015 – Conference report agreed to in Senate
12/4/2015 – presented to President
12/4/2015 – became public law 114-94

Don't forget our Sponsors!

Kathi McKeown — Wed, 06 Jan 2016 16:55:38 GMT

Just a reminder that if you are looking for professional services, check out our Sponsor page and consider contacting them. These are some great companies and a large part of KDC's success.

KDC Welcomes Stephen McGinnis

Kathi McKeown — Mon, 14 Dec 2015 16:23:38 GMT

KDC welcomes its newest member, Stephen McGinnis of McBrayer, McGinnis, Leslie and Kirkland, Greenup, Kentucky. Mr. McGinnis a University of Kentucky Law School graduate and practices in the areas of Appellate, Auto, Business Litigation, Commercial, Construction, Contract, Employment, General Liability, Government Entity, Insurance, Municipal, Premises Liability, Property and Tort. He is sponsored by KDC Vice President, Mitch Hall.

Former KDC President Matthew Breetz Article in DRI's THE VOICE

Kathi McKeown — Wed, 02 Dec 2015 18:04:31 GMT

For those of you who are members of DRI, Former KDC President Matthew Breetz has co-authored the lead in article in this week's edition of DRI's The Voice: It Wasn't Me -- It Was the Judge.

Rachel Stratton & Clayton Stone Newest KDC Members!

Kathi McKeown — Mon, 16 Nov 2015 14:02:39 GMT

KDC welcomes its two newest members:

Wallace Clayton Stone II, Ward, Hocker & Thornton, PLLC, Lexington is a 2015 graduate of the Salmon P. Chase College of Law. Mr. Stone practices in the areas of Insurane and Workers' Compensation and is sponsored by KDC member, Ashley Brown.

Rachel Ann Stratton, Ward, Hocker & Thornton, PLLC, Lexington is a 2013 graduated of Wake Forest School of Law. Ms. Stratton practices in the areas of Auto, Insurance, Premises and Trucking, and is sponsored by KDC member, Ashley Brown.

New KDC Officers, Committee Chair

Kathi McKeown — Sat, 14 Nov 2015 20:16:01 GMT

KDC is pleased to announce the following individuals as officers for 2015-16:

President, Bradley A. Case of Dinsmore & Shohl, Louisville

President-Elect, Beth Lochmiller of Coleman, Lochmiller & Bond, Elizabethtown

Vice-President, Mitch Hall of VanAntwerp Attorneys, Ashland

Secretary-Treasurer, Darrin Banks of Porter, Schmitt, Banks & Baldwin, Paintsville

Immediate Past President, Casey Stansbury of Mazanec, Raskin & Ryder, Co., L.P.A.

Also, elected to the Board to serve a two-year term as YLS Chairperson:

Jillian House of Ward, Hocker & Thorton, PLLC, Lexington

Thanks to YLS Committee & Beth Lochmiller --

Kathi McKeown — Sat, 14 Nov 2015 20:08:31 GMT

Many thanks goes to the YLS Committee, chaired by Stephanie Wurdock, and KDC's Vice President, Beth Lochmiller, for their great work organizing this past week's 2015 Fall Seminar, Annual Meeting and Awards Luncheon. The session on Thursday was well received by everyone in attendance; thanks to KDC member, Jeff Mando, for participating on the panel for the second presentation.

Susan Jones, PhD, Founder of Jury Verdict Research, gave a great presentation on Friday as well. We once again appreciate the recommendation from the Professional Education Group.

Thanks to everyone involved for making the 2015 Fall Seminar, Annual Meeting and Awards Luncheon the success it was!

Jeremiah Byrne newest KDC member

Kathi McKeown — Tue, 10 Nov 2015 18:11:21 GMT

KDC welcomes its newest member, Jeremiah Byrne of Frost Brown Todd LLC, Louisville. Mr. Byrne graduated from law school at the University of Kentucky, and practices in the areas of product liability, trucking and utilities. He is sponsored by KDC member, Ashley Brown.

New firm for Neal Krokosky

Kathi McKeown — Tue, 10 Nov 2015 18:10:09 GMT

KDC member, Neal Krokosky, is now practicing with Walters Meadows Richardson PLLC in their Louisville office.

KDC Welcomes Kristen McMains!

Kathi McKeown — Tue, 03 Nov 2015 19:26:54 GMT

KDC welcomes its newest member, Kristen Michelle McMains of O'Bryan, Brown & Toner, Louisville. Ms. McMains graduated from Indiana University Robert H. McKinney School of Law and practices in the areas of Appellate, Medical Malpractice, Professional Liability, and Tort. She is sponsored by KDC Director, Katherine Kerns Vesely.

Former KDC President Bill Tooms Moving On --

Kathi McKeown — Fri, 30 Oct 2015 13:56:23 GMT

Former KDC President, Bill Tooms, recently retired, and his wife, Adele, will be leaving the Bluegrass heading for Elizabethtown, Pennsylvania. If you would like Bill's contact info, please login and then click on Directory. (His contact information is available to members only.)

We wish Bill and Adele the best in their new home!

Congratulations KDC Award Recipients

Kathi McKeown — Fri, 23 Oct 2015 18:33:39 GMT

KDC's Awards Committee is pleased to announce the 2015 KDC awards recipients:

Diplomat - R. William Tooms of Tooms & Dunaway, PLLC, London

Defense Lawyer of the Year - Michael J. Schmitt of Porter, Schmitt, Banks & Baldwin, Paintsville

Young Lawyers of the Year - Jillian M. House of Ward, Hocker & Thornton, Lexington and Scott E. Burroughs of Ward, Hocker & Thornton, Louisville

Each of these individuals were nominated by the KDC membership and, after careful deliberation, selected by KDC's Award Committee. They will be recognized at the Awards Luncheon held in conjunction with the 2015 Fall Seminar.

Congratulations and thanks to everyone who participated in the nomination process. Your input is greatly appreciated.

Sarah Payne-Jarboe Newest KDC Member

Kathi McKeown — Thu, 22 Oct 2015 19:48:16 GMT

KDC welcomes its newest member, Sarah Payne-Jarboe of English, Lucas, Priest & Owsley, LLP, Bowling Green. Ms. Payne-Jarboe graduated from Vanderbilt University Law School and practices in the areas of Business Litigation, Insurance and Environmental Law. She is sponsored by KDC member, Aaron Smith.

Walters Meadows Richardson, PLLC opens Louisville office

Kathi McKeown — Tue, 13 Oct 2015 16:49:36 GMT

Walters Meadows Richardson, PLLC is proud to announce the opening of their Louisville office. The insurance defense firm expanded to a second office at 904 Lily Creek Road, Ste. 202, Louisville, KY on October 15th, 2015. Setareh Millerlile, who was licensed in 2013, and Amanda Petrie, licensed in 1995, are working in the Louisville office. Ms. Millerlile attended the University of Arizona, James E. Rogers College of Law in Tucson, Arizona. Ms. Petrie attended the University of Kentucky College of Law. Both Ms. Millerlile and Ms. Petrie currently reside in Louisville. WMR is excited about the growth of the firm and looking forward to further success.

New Firm Info --

Kathi McKeown — Sun, 11 Oct 2015 16:42:28 GMT

Ashley Gillenwater Eade is now practicing with Fultz Maddox Dickens, PLC in their Louisville, Kentucky office.

Ashley Ward newest member of KDC!

Kathi McKeown — Sun, 11 Oct 2015 14:36:25 GMT

KDC welcomes Ashley Willis Ward of Stites & Harbison, Lexington. Ashley graduated from law school at Oklahoma, practices in the areas of General Liability, Medical Malpractice and Product Liability, and is a member of DRI.

KY Supreme Court Ruling - Nissan Motor v. Maddox

Kathi McKeown — Sun, 11 Oct 2015 13:31:28 GMT

The following is from DRI's weekly e-pub, The Voice

Kentucky Supreme Court Ruling Aligns with DRI Brief in Nissan Motor Company v. Maddox

Case Involved Appropriateness of Punitive Damages When Product Exceeded Government Safety Standards

A September 25, 2015, Kentucky Supreme Court decision aligns with the arguments of DRI’s amicus brief in the case of Nissan Motor Company Ltd. v. Maddox, a case involving a fatal head-on collision caused by a drunken driver who struck a Nissan Pathfinder. DRI’s Center for Law and Public Policy filed the brief in support of Nissan’s position.

In the accident, the drunk driver who caused the accident was killed. Of the two occupants in the Pathfinder, the driver, who weighed 170 pounds sustained foot and rib injuries. The passenger, Amanda Maddox, who weighed 240 pounds, suffered significant and extensive internal injuries and multiple fractures. Maddox claimed that the seat belt load limiter, designed to reduce chest injuries by spooling extra webbing in a crash, experienced excessive spooling, allowing her to “submarine” under the seat belt, causing the extensive injuries. Maddox claimed that safety tests were done on out-of-date 170 pound crash dummies that didn’t reflect the weight gains of Americans in recent years.

Nissan maintains that the 2001 Nissan Pathfinder met or exceeded all applicable government safety standards. In fact, the Pathfinder was given a five-star front passenger safety rating by the government’s New Car Assessment Program (NCAP) and the National Highway Traffic Safety Administration. The load limiter, which is not required by government standards, was added by Nissan as an added measure of protection.

The trial jury found in favor of Maddox and, in addition to the compensatory award, assessed $2.5 million in punitive damages against Nissan. The award was affirmed by the Kentucky Court of Appeals. The Kentucky Supreme Court granted discretionary review as to punitive damages. In Kentucky, punitive damages may be assessed for “gross negligence,” which has been defined as “outrageous” conduct and “wanton or reckless disregard for the safety of other persons… There must be an element of malice or willfulness or such an utter and wanton disregard of the rights of others as from which it may be assumed the act was malicious or willful.”

In its brief, DRI argues that “When a manufacturer complies with government safety regulations, voluntarily submits its product for even more stringent government safety and passes those tests with flying colors, those acts are fundamentally inconsistent with the sort of “intolerable conduct” that warrants punitive damages. Punitive damages require clear and convincing evidence of a specific intent to injure the plaintiff, or of wanton or reckless disregard the lives, safety, or property of others. As a general matter, compliance with safety regulations proves that a defendant acted with regard for the safety of others.”

The Kentucky Supreme Court agreed saying “the evidence presented at trial fails to indicate that such an outcome was the result of Nissan's reckless or wanton disregard for Amanda or those similarly situated.”

DRI’s was authored by Virginia Hamilton Snell of Wyatt Tarrant & Combs, LLCin Louisville, Kentucky, and Curt Cutting and Eric S. Boorstin of Horvitz & Levy LLP in Encino, California. To read DRI’s brief in its entirety, click here.

Back

Kristen Fowler Newest KDC Member!

Kathi McKeown — Wed, 30 Sep 2015 14:44:41 GMT

KDC welcomes its newest member, Kristen Hannah Fowler of Napier Gault Schupbach & Stevens, PLC, Louisville. Ms. Stevens is a graduate of the Indiana University Maurer School of Law and practices in the areas of Medical Malpractice and Nursing Home litigation. She is sponsored by KDC member, Clay Stevens.

O'Bryan Brown & Toner Relocating --

Kathi McKeown — Fri, 25 Sep 2015 16:45:08 GMT

Effective October 5, 2015, O'Bryan, Brown & Toner, PLLC's Louisville office will be located 401 S. Fourth Street, Suite 200, Louisville, Kentucky 40202

SPONSORS!!!!

Kathi McKeown — Mon, 21 Sep 2015 19:17:03 GMT

Don't forget to check out our fantastic sponsors as your legal needs arise. Click the "Sponsors" tab for a full list of sponsors; click their logo and it will take you directly to their website.

New Contact Info --

Kathi McKeown — Thu, 17 Sep 2015 21:15:27 GMT

KDC members, Barry Miller, Casey Stansbury and Christina Vessels are now practicing with the law firm of Manzec Raskin & Ryder, Lexington.

KDC Welcomes Thomas Peters

Kathi McKeown — Sun, 06 Sep 2015 15:25:28 GMT

KDC welcomes its newest member, Thomas Nathan Peters of Sewell, O'Brien & Neal PLLC, Louisville. Mr. Peters graduated from law school at the University of Kentucky and practices in the areas of Appellate, Auto, Construction, Construction, General Liability, Insurance Coverage, Premises Liability, Product Liability, Property, Tort & Trucking law. Mr. Peter is sponsored by KDC member, Peter Sewell.

Katie Martin --

Kathi McKeown — Wed, 26 Aug 2015 12:53:52 GMT

Katie Martin is now practicing with Benson Law Offices, PSC, Lexington.

Geoffrey Marsh

Kathi McKeown — Thu, 06 Aug 2015 20:27:51 GMT

KDC member, Geoffrey Marsh, is now practicing with Williams, Hall & Latherow, LLP in Ashland.

Neil Baines --

Kathi McKeown — Tue, 04 Aug 2015 16:53:36 GMT

KDC member, Neil Baines, is now practicing at Smith, Rolfes & Skavdahl Co., LPA in Louisville.

KDC -- Andrew Garverich

Kathi McKeown — Wed, 29 Jul 2015 17:36:31 GMT

KDC member, Andrew Garverich, is now practicing with Coleman, Lochmiller & Bond, Elizabethtown.

Miranda Click Newest KDC Member --

Kathi McKeown — Wed, 29 Jul 2015 15:29:14 GMT

KDC welcomes Miranda Dawn Click, Pam May Law Firm, Pikeville. Ms. Click is a graduate of the University of Kentucky College of Law, practices in the areas of Medical Malpractice, Product Liability and Tort. She is member of DRI and sponsored by KDC member, Ashley Brown.

Jeffrey Lowe article in DRI

Kathi McKeown — Wed, 29 Jul 2015 15:22:58 GMT

KDC Director, R. Jeffrey Lowe, has an article in DRI's For the Defense, July 2015 issue. Turn toPage 30 to read "The Constant for Providing the Assistance Our Clients Need." For those of you who are not DRI members and would like to read great articles like this, please consider contacting Kit Hornback, DRI State Rep for Kentucky, to discuss a one-year complimentary membership -- if you have never been a member.

Ewen & Kinney, PLLC Relocated

Kathi McKeown — Fri, 17 Jul 2015 19:29:47 GMT

Ewen & Kinney, PLLC has relocated its offices to 315 Guthrie Street, Suite 400, Louisville, KY 40202.

Congratulations to Wm. T. (Bill) Robinson III!

Kathi McKeown — Fri, 17 Jul 2015 14:40:21 GMT

KDC Member, Wm. T. (Bill) Robinson III, Member-in-Charge of the Northern Kentucky offices of Frost Brown Todd LLC, has recently been elected to a four-year term on the national Board of Trustees of the American Inns of Court. Robinson is a past President of the American Bar Association (2011-12), a past ABA Treasurer (2005-08), currently Chair-Elect of the National Judicial College and serves on the Attorneys Committee of the National Center for State Courts.

Eric Rice Contact Info

Kathi McKeown — Fri, 17 Jul 2015 14:39:20 GMT

Eric Rice is now practicing with Quintairos, Prieto, Wood & Boyer, P.A. in its Louisville office.

Kate Molloy --

Kathi McKeown — Fri, 17 Jul 2015 14:33:16 GMT

Kate Molloy has retired from the practice of law, but is now serving as Senior Staff Counsel for the Kentucky Supreme Court reviewing discretionary review motions. Kate served on KDC's Board of Director while serving as DRI State Representation for Kentucky.

VanAntwerp, Monge, Jones, Edwards & McCann ...

Kathi McKeown — Sun, 12 Jul 2015 19:02:11 GMT

VanAntwerp, Monge, Jones, Edwards & McCann is now known as VanAntwerp Attorneys, LLP.

Change in Contact Info --

Kathi McKeown — Wed, 08 Jul 2015 20:13:19 GMT

James E. Cleveland, III is now practicing with Dinsmore & Shohl in their Lexington office.

KDC Welcomes Clayton Scott!

Kathi McKeown — Tue, 07 Jul 2015 12:20:55 GMT

KDC welcomes its newest member, Clayton Scott of Porter, Schmitt, Banks & Baldwin, Paintsville, Kentucky. Clayton graduated from the Florida Coastal School of Law and practices in the areas of Auto, Insurance, Premises Liability and Workers' Comp, as well as Federal Black Lung. He is sponsored by KDC Director, Darrin Banks.

Piper & Bowers, P.S.C. - New Address

Kathi McKeown — Tue, 07 Jul 2015 12:13:14 GMT

Piper & Bowers, P.S.C. has relocated its offices to 562 W. Short Street, Lexington, KY 40507-1255.

Congratulations --

Kathi McKeown — Fri, 03 Jul 2015 14:19:19 GMT

Congratulations to Thomas M. Smith, Prestonsburg, who is now serving as a judge in Floyd County.

New Contact Info for David Harris

Kathi McKeown — Thu, 02 Jul 2015 21:40:33 GMT

KDC member David Harris is now practicing with Travis & Herbert, Louisville.

New contact info for Julie McDonnell

Kathi McKeown — Thu, 02 Jul 2015 19:58:40 GMT

KDC member, Julie McDonnell, is now with Norton Healthcare, Inc., Louisville.

Christopher Conley and Edward Stopher newest KDC members ...

Kathi McKeown — Mon, 22 Jun 2015 19:50:47 GMT

KDC welcomes the newest members of KDC:

Christopher Alan Conley of Campbell Woods, Ashland, Kentucky graduated from law school at Capital University - Ohio. Mr. Conley practices in the areas of Auto, Insurance and Premises, is a member of DRI, and is sponsored by KDC Secretary-Treasurer, Mitch Hall.

Edward H. Stopher of Boehl, Stopher & Graves, LLP, Louisville, graduated from law school at the University of Virginia. Mr. Stopher practices in the areas of Business Litigation, General Liability, Insurance, Product Liability, Professional Liability and Tort, is a member of DRI and is sponsored by KDC member, Ashley Brown.

CLE Program - June 30th!

Kathi McKeown — Mon, 22 Jun 2015 19:46:02 GMT

Just a reminder that the CLE program "Can We Talk? Ex Parte Communications in Litigation" will be presented next Tuesday, June 30th, 2015. You can sign up online (credit card required) or mail the attached registration form to be received in the KDC office no later than June 27th. The program has been approved for CLE with the KBA and IN Commission on CLE for 1.0 ethics credit. Ex Parte Reg Form 063015.pdf Sorry, no refunds will be allowed.

KDC Welcomes Two New Members!

Kathi McKeown — Mon, 01 Jun 2015 15:46:58 GMT

KDC welcomes its two newest members:

Calvin R. Fulkerson, of Fulkerson, Kinkel & Marrs, PLLC, Lexington, is a University of Kentucky Law School graduated. Mr. Fulkerson practices in the areas of Medical Malpractice, Nursing Home and Professional Liability. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

Kyle M. Virgin, of Fulkerson, Kinkel & Marrs, PLLC, Lexington, is a University of Kentucky Law School graduated. Mr. Virgin practices in the areas of Medical Malpractice, Nursing Home and Professional Liability. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

New Contact Info for Jason Woodall

Kathi McKeown — Mon, 01 Jun 2015 15:14:05 GMT

Jason P. Woodall is now associated with Signature Health Care in their Louisville, Kentucky office.

New Contact Info for Jacinta Porter

Kathi McKeown — Mon, 25 May 2015 13:48:40 GMT

KDC Director, Jacinta Porter, has relocated from Bowling Green to Lexington and is now working with Frost Brown Todd, 250 W. Main Street, Suite 1800, Lexington.

New Contact Info for John L. Forgy --

Kathi McKeown — Thu, 14 May 2015 18:15:12 GMT

KDC member, John L. Forgy is now practicing with Croley, Forgy, Foley, and Cessna, 111 Church Street, 3rd Floor, Lexington, Kentucky 40507, phone number (859) 367-0050.

Jeffrey Phillips joins KDC!

Kathi McKeown — Fri, 08 May 2015 18:25:13 GMT

KDC welcomes its newest member:

Jeffrey Kent Phillips of Steptoe & Johnson PLLC, Lexington, is a graduate of the University of Pittsburgh. Mr. Phillips practices in the areas of Appellate and Commercial law, is a member of DRI, and is sponsored by KDC member, Ashley Brown.

KDC Welcomes Four New Members!

Kathi McKeown — Tue, 05 May 2015 16:45:33 GMT

KDC welcomes the following new members:

Jessica B. Droste of Walters Meadows Richardson PLLC, Lexington, graduated from the University of Kentucky School of Law. Ms. Droste practices in the area of insurance defense and is sponsored by KDC Director, Stephanie Wurdock.

Christine L. de Briffault of Chrysalis House, Inc., Lexington, graduated from the University of Kentucky School of Law. Ms. de Briffault practices in the areas of Medical Malpractice and Workers’ Compensation, and is sponsored by KDC Director, Stephanie Wurdock.

Mauritia Gawvin Kamer of Stites & Harbison, PLLC, Lexington, graduated from the University of Kentucky School of Law. Ms. Kamer practices in the area of Employment law, and is sponsored by KDC member, Ashley Brown.

Megan R. Smyth of Walters Meadows Richardson PLLC, Lexington, graduated from the University of Kentucky School of Law. Ms. Smyth practices in the areas of Employment, General Liability, Insurance, and Product Liability and is sponsored by KDC Director, Stephanie Wurdock.

Neal Krokosky Newest Member of KDC!

Kathi McKeown — Fri, 01 May 2015 13:41:45 GMT

KDC welcomes its newest member:

Neal S. Krokosky of Krauser & Brown, Louisville graduated from law school in 2009 at the University of Wisconsin. Mr. Krokosky practices in the areas of Auto, Construction, General Liability, Insurance, Premises, Tort & Trucking, is a member of DRI, and is sponsored by KDC member, Ashley Brown.

Sturgill, Turner - Change in Suite Number

Kathi McKeown — Mon, 27 Apr 2015 18:29:26 GMT

Sturgill, Turner, Barker & Moloney, PLLC, Lexington, will be located in Suite 1500 (no longer Suite 1400), effective May 1, 2015.

KDC welcomes Don Pisacano!

Kathi McKeown — Wed, 22 Apr 2015 16:57:20 GMT

KDC welcomes its newest member:

Don A. Pisacano of Miller, Griffin & Marks, P.S.C., Lexington, is a graduate of the University of Kentucky School of Law. Mr. Pisacano practices in the areas of Auto, Insurance and Premises. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

Thank you, Paul Unger

Kathi McKeown — Wed, 15 Apr 2015 12:16:05 GMT

Many thanks to Paul Unger for the outstanding program he provided for the KDC 2015 Spring Program. One attorney indicated he feels a program is a success if he comes away with one new pearl, and this time he was going away with several. Thanks to all of those who attended.

Legislative Update --

Kathi McKeown — Wed, 08 Apr 2015 17:59:45 GMT

The following is reprinted from the April 9 edition of DRI's "The Voice":

KENTUCKY (Contributor: Aaron J. Silletto, Goldberg Simpson, LLC, Louisville, Kentucky)

AVIATION LAW

HB 59, relating to aviation

Makes it a crime to knowingly direct at an aircraft, any light emitted from a laser device or any other source which is capable of interfering with the vision of a person operating the aircraft; Senate amendment changes composition of certain air boards
01/06/2015 – introduced in House; referred to Committee on Transportation
02/24/2015 – reported favorably
02/27/2015 – passed House 92-0
03/02/2015 – received in Senate
03/03/2015 – referred to Committee on Transportation
03/11/2015 – reported favorably
03/23/2015 – passed Senate 36-0, as amended; received in House; House refused to concur in Senate amendment; conference committee appointed in House; received in Senate; Senate refused to recede from its amendment; conference committee appointed in Senate
03/24/2015 – conference committee could not agree; free conference committee appointed; free conference committee report adopted in House and Senate; bill passed Senate 37-0; bill passed House 95-2; signed by each presiding officer, delivered to Governor
04/02/2015 – signed by Governor

INSURANCE LAW

HB 153, relating to solicitation of a person involved in a motor vehicle accident for healthcare services

Prohibits solicitation of a person involved in a motor vehicle accident by a healthcare provider or the provider’s intermediary for the purpose of obtaining basic reparation benefits
01/08/2015 – introduced in House
01/09/2015 – referred to Committee on Labor & Industry
02/23/2015 – reported favorably
02/26/2015 – passed House 89-4, as amended
02/27/2015 – received in Senate
03/02/2015 – referred to Committee on Veterans, Military Affairs, & Public Protection
03/09/2015 – reported favorably
03/11/2015 – passed Senate 35-1; signed by each presiding officer, delivered to Governor
03/23/2015 – signed by Governor

MEDICAL LIABILITY AND HEALTH CARE LAW

SB 6, relating to medical review panels

Establishes a medical review panel system for use in civil litigation relating to health care providers, including sections setting out definitions, delineating covered health care facilities and providers, panel membership and formation, functions and deliberations of the panel, and utilization of panel results in civil actions; Senate committee substitute makes technical corrections only
02/03/2015 – introduced in Senate; referred to Committee on Health & Welfare
02/05/2015 – reported favorably; passed Senate 24-12 with committee substitute
02/06/2015 – received in House
02/09/2015 – referred to Committee on Judiciary
03/04/2015 – discharge petition filed
03/10/2015 – discharge petition filed

RETAIL AND HOSPITALITY

HB 145, prohibiting smoking in public places and places of employment

Prohibit indoor smoking in businesses, places of employment, and other listed public places; exempt private residences, unless used for child care or adult day care; permit smoking in designated nonenclosed areas; require posting of "no smoking" signs at specified locations; permit local governments to adopt stricter regulations by ordinance; House amendments exempt tobacco businesses, cigar bars, and tobacconists, but permit more restrictive local ordinances
01/08/2015 – introduced in House
01/09/2015 – referred to Committee on Health & Welfare
02/05/2015 – reported favorably
02/13/2015 – passed House 51-46, as amended
02/19/2015 – received in Senate
02/20/2015 – referred to Committee on Veterans, Military Affairs, & Public Protection
03/11/2015 – discharge petition filed

KDC Welcomes David Kellerman, Ted Bartenstein & Estill D. Banks II!

Kathi McKeown — Mon, 06 Apr 2015 13:46:07 GMT

KDC welcomes its newest members:

David Joseph Kellerman of Middleton Reutlinger, Louisville, is a graduate of the University of Louisville Brandeis School of Law. Mr. Kellerman practices in the areas of Auto, General Liability, Municipal, Premises and Professional Liability. He is a member of DRI.

Edward H. Bartenstein of Phillips, Parker, Orberson & Arnett, PLC, Louisville, is a graduate of the University of Louisville Brandeis School of Law. Mr. Bartenstein practices in the areas of Auto, General Liability, Insurance, Product Liabilit, Tort & Truck and he is a member of DRI.

Estill D. Banks II of Banks Law Office, PLLC, Lexingtion, is a graduate of the Thomas M. Cooley Law School. Mr. Banks practices in the area of Commercial, Government, Insurance, and Trucking, and he is a member of DRI.

Barbara Kriz & Jonathan Ohlsen Newest KDC Members!

Kathi McKeown — Fri, 03 Apr 2015 20:10:06 GMT

KDC welcomes its two newest members:

Barbara A. Kriz of Kriz, Jenkins, Prewitt & Jones PSC, Lexington graduated from the University of Kentucky School of Law. Ms. Kriz practices in the areas of Civil Rights, Commercial, Employment, General Liability, Government, Insurance, Premises, Product Liability and Tort. She is a member of DRI.

Jonathan M. Ohlsen of Prestige Healthcare, Louisville, graduated from law school at Seattle University. Mr. Ohlsen practices in the areas of Employment, Nursing Homes and M & A. He is a member of DRI.

KDC Welcomes Rob Hickey and Demetrius Holloway

Kathi McKeown — Thu, 02 Apr 2015 12:55:09 GMT

KDC welcomes its newest members:

Stockard R. "Rob" Hickey, III of Gwin, Steinmetz & Baird, PLLC, Louisville is a graduate of the University of Louisville Brandeis School of Law. His practice areas include Appellate, Auto, Business Litigation, General Liability, Premises Liability, Product Liability, Tort & Trucking. He is a member of DRI.

Demetrius O'Dell Holloway of Stites & Harbison, PLLC, Louisville is a graduate of the University of Louisville Brandeis School of Law. His practice areas include Business Litigation, Employment and Professional Liability. He is a member of DRI.

CLE Committee -- Ethics Presentation

Kathi McKeown — Sat, 28 Mar 2015 16:05:26 GMT

Nicholas Birkenhauer of Dressman Benzinger & LaVelle psc, Crestview Hills, Chair of the CLE Committee, has organized a teleconference/webinar ethics CLE program for June 30, 2015. Due to popular demand, Doug Richmond of Aon, Chicago, along with his colleague, Matthew K. Corbin, will be presenting this program. KDC has applied for a 1.0 hour CLE ethics credit in Kentucky, Indiana and Ohio. You may sign up online (credit card required) or complete this form Ex Parte Reg Form 063015.pdf and mail it along with your check to the KDC office. Cost: $15 KDC members, $70 non-KDC members.

KBA -- Young Lawyers Award Nominations

Kathi McKeown — Sat, 28 Mar 2015 16:02:54 GMT

The KBA Young Lawyers Division seeks nominees for four Awards given annually for exceptional contributions to the legal profession and the public. Nominations are due Friday, April 10, 2015.

The Outstanding Young Lawyer Award honors a Kentucky attorney who has excelled in the practice of law, and community service. Any Kentucky young lawyer is eligible for nomination. “Young lawyer” is defined as one who, as of July 1, 2014, has been engaged in the practice of law for ten or fewer years or who is forty years old or younger. The 2014 Outstanding Young Lawyer Award recipient was Rebekkah Bravo Rechter of Louisville, Kentucky. For more information and to nominate a deserving individual, please click here.

The Nathaniel R. Harper Award honors a person or organization that has demonstrated a commitment to changing the face of the Bar by encouraging the inclusion of women, minorities, persons with disabilities, LGBT individuals, as well as promoting full and equal participation in the legal profession by all unrepresented or underrepresented groups. The 2014 Nathaniel R. Harper Award recipient was A. Holland Houston of Louisville, Kentucky. For more information and to nominate a deserving individual or organization, please click here.

The Young Lawyer Service to Community Award honors a member of the Young Lawyers Division for exemplary service to his or her community through volunteerism, service to non-profit organizations, and/or pro bono legal representation. The 2014 Young Lawyer Service to Community Award recipient was Cara Stewart of Covington, Kentucky. For more information and to nominate a deserving individual, please click here.

The Service to Young Lawyers Award honors a lawyer, non-lawyer, or organization for exception contributions to the professional and personal advancement and mentorship of young lawyers. The 2014 Service to Young Lawyers Award recipient was Professor Robert Lawson of Lexington, Kentucky. For more information and to nominate a deserving individual or organization, please click here.

If you have questions, please contact:

Rebecca R. Schafer, Esq. - 502-625-7299 (direct)
Reminger Co., L.P.A.

Shawn Alcott & Eric Rice Newest KDC Members!

Kathi McKeown — Tue, 17 Mar 2015 16:34:26 GMT

KDC welcomes its newest members:

Shawn Rosso Alcott of Kerrick Bachert PSC, Bowling Green is a graduate of the University of Kentucky Law School. Ms. Alcott practices in the areas of Commercial, Medical Malpractice and Municipal law and is sponsored by KDC member, Thomas Kerrick.

Eric Rice of Smith, Rolfes & Skavdahl, Louisville is a graduate of the Barry University. Mr. Rice practices in the areas of Insurance Coverage and is sponsored by KDC member, Michael Reilly.

KDC Welcomes Three New Members!

Kathi McKeown — Wed, 04 Mar 2015 19:03:08 GMT

KDC welcomes its newest members:

Matthew J. Middendorf of Ward, Hocker & Thornton, PLLC, Lexington graduated from law school in 2012 from the University of Kentucky. Mr. Middendorf practices in the areas of Auto, Construction, General Liability, Insurance, Premises, Product Liability and Trucking.

Melissa Thompson Richardson of Walters Meadows Richardson, PLLC, Lexington graduated from law school in 2007 from the University of Kentucky. Ms. Richardson practices in the areas of Auto, Commercial, Insurance, Premises and Trucking. She is sponsored by KDC member, Kellie M. Collins and is a member of DRI.

John W. Walters of Walters Meadows Richardson, PLLC, Lexington graduated from law school in 1995 from the University of Kentucky. Mr. Walters practices in the areas of Auto, Commercial, Construction, Insurance, Tort and Trucking. He is sponsored by KDC member, Kellie M. Collins and is a member of DRI.

KDC Welcomes Ryan Stratton!

Kathi McKeown — Fri, 27 Feb 2015 17:11:27 GMT

KDC welcomes its newest member, Ryan Stratton of Baird & Baird, PSC, Pikeville. Mr. Stratton is a 2013 graduate of the Appalachian School of Law and practices in the areas of insurance, employment, real estate and business litigation.

Don't forget our Sponsors & Advertisers!

Kathi McKeown — Mon, 23 Feb 2015 14:48:05 GMT

KDC greatly appreciates the continual support of its sponsors and advertisers. All of the Sponsors and Advertisers are listed under "Sponsors" and there is a direct link to their website. We ask that you consider using these companies as your legal needs arise!

KDC Welcomes Kevin Andrew Osborne

Kathi McKeown — Thu, 19 Feb 2015 16:07:01 GMT

KDC welcomes its newest member:

Kevin Andrew Osborne of Porter, Schmitt, Banks & Baldwin, Paintsville is a 2014 graduate of Salmon P. Chase College of Law. Mr. Osborne practices in the areas of Contract, Education, Employment, General Liability, Insurance, Medical Malpractice, Municipal, Property and Tort law and is sponsored by KDC Director, Darrin Banks.

William G. Francis --

Kathi McKeown — Fri, 13 Feb 2015 17:54:06 GMT

William G. Francis has joined the Lexington office of Fowler Bell.

New Contact Info for Whitney Dunlap!

Kathi McKeown — Wed, 11 Feb 2015 18:29:59 GMT

Whitney Dunlap has returned to his home town and started his own law firm. Whitney may now be reached at Dunlap Law Firm, PLLC, 102 N. Main Street, P.O. Box 101, Versailles, KY 40383; (859) 582-1917.

Congratulations Pat Moloney!

Kathi McKeown — Fri, 06 Feb 2015 20:13:55 GMT

KDC congratulates Donald P. Moloney, II of Sturgill, Turner, Barker & Moloney, PLLC, Lexington on being named Lexington's 2015 Medical Malpractice Defense "Lawyer of the Year" by Best Lawyers. Pat has served as President of KDC, just completed a three year term as DRI State Representative for Kentucky, and will begin a three year term as Vice President for the Southern Region of DRI in mid-October.

Daniel Pugh & Thomas Stevens Newest KDC Members!

Kathi McKeown — Sat, 31 Jan 2015 21:56:24 GMT

KDC welcomes its newest members:

Daniel Warren Pugh of Porter, Schmitt, Banks & Baldwin, Paintsville is a 2014 graduate of the Appalachian School of Law. Mr. Pugh practices in the areas of Auto, Contract, Insurance, Premises, Product Liability, Tort and Trucking and is sponsored by KDC Director, Darrin Banks.

Thomas Edward Stevens of Blackburn Domene & Burchett, PLLC, Louisville is a 2012 graduate of the University of Louisville Brandeis School of Law. Mr. Stevens practices in the areas of Education, Insurance, Premises, Product Liability and Tort and is sponsored by KDC member, Jennifer Kincaid Adams.

Cecilia Weihe Newest KDC Member!

Kathi McKeown — Sun, 04 Jan 2015 17:01:37 GMT

KDC Welcomes its newest member: Cecilia Faye Weihe of O'Bryan, Brown & Toner PLLC, Louisville is a 2014 University of Kentucky Law School graduate. She is currently practicing in the area of medical malpractice and is sponsored by KDC member, Whitney Kramer.

Michael P. Reilly --

Kathi McKeown — Mon, 22 Dec 2014 19:56:08 GMT

Michael P. Reilly is now practicing with the Louisville office of Smith, Rolfes & Skavdahl Co., LPA.

Rudolpha A Janata Award

Kathi McKeown — Tue, 25 Nov 2014 19:41:08 GMT

For those of you who were unable to attend the KDC Fall Seminar, we wanted to share the Rudolph A. Janata Award with all KDC members since each of you plays a part in making the award possible.

This is the plaque presented to KDC on October 23, 2014 at the Awards Luncheon during the 2014 DRI Annual Meeting in San Francisco. 2013-14 KDC President Kit Hornback accepted the plaque but was only able to keep it for two weeks before passing it to Casey Stansbury, 2014-15 KDC President. Each year at the Annual Meeting, the plaque will be passed to the next President of KDC as a reminder that we are an award winning organization.

So thanks to all of you for this recognition!

Welcome --

Kathi McKeown — Mon, 24 Nov 2014 14:19:34 GMT

KDC wishes to welcome its newest member: Tyler Adkins of The Adkins Firm is a 2013 graduate of Salmon P. Chase College of Law at Northern Kentucky. He practices in the areas of Civil Rights, Contract, and Government.

KDC Award Recipients --

Kathi McKeown — Tue, 11 Nov 2014 21:17:02 GMT

Congratulations to KDC’s 2014 Award recipients:

Diplomat – Cliff Travis

Defense Lawyer of the Year – Jeff Taylor and Craig Reinhardt

Young Lawyer of the Year – Stephanie Wurdock

The KDC Executive Committee also selected Mitch Hall to receive the Outstanding Service Award for his dedication to Common Defense.

Each of these individuals was personally recognized at the Awards Luncheon held in conjunction with the KDC Fall Seminar. (The reason for two defense lawyers of the year: Jeff and Craig each had the same number of defense verdicts.)

Kit Hornback was officially retired as KDC President at the luncheon and presented with a plaque. Last, Kit passed the DRI Rudolph A. Janata Award on to KDC's 2014-15 President, Casey Stansbury as a continual reminder that we are an award winning association.

Many thanks to those who nominated their peers for the awards

KDC -- New Board

Kathi McKeown — Tue, 11 Nov 2014 20:29:10 GMT

Kit Hornback resided at her last meeting as President of Kentucky Defense Counsel on Thursday, October 6. At that meeting, the Board voted in two new Directors: Jeffrey Lowe, Kightlinger & Gray, Louisville will serve as a Director at Large for District 4. David Stratton, Stratton, Hogg & Maddox, P.S.C., Pikeville will serve as a Director for District 7.

Jason Kuhlman, District 6, had to resign his position on the Board for now, but hopes to become involved again at a future date. Tony Sammons served two three-year terms and served (and continues to serve) as Chairman of the Legislative Committee. KDC thanks both Jason and Tony for their years of service on the KDC Board.

Last, the Officers for 2014-15: KDC's new President is Casey Stansbury, Fowler Bell, PLLC, Lexington; President-Elect is Bradley Case, Dinsmore & Shohl, Louisville; Vice President is Beth Lochmiller of Coleman, Lochmiller & Bond, Elizabethtown, and Secretary-Treasurer is Mitch Hall of VanAntwerp, Monge, Jones, Edwards & McCann, LLP, Ashland. The Immediate Past President is Kit Hornback, Reinhardt & Associates, Lexington. Park Priest now bears the permanent title of Past President, and it is expected he will stay involved with the Board ex officio.

Reminger Lexington Office Relocating

Kathi McKeown — Tue, 11 Nov 2014 20:27:54 GMT

Effective the week of November 17, the Lexington offices of Reminger Co., LPA will be located at 333 W. Vine, Suite 1670, Lexington, KY 40507

KDC Welcomes ...

Kathi McKeown — Tue, 11 Nov 2014 17:36:52 GMT

KDC welcomes the following new members:

Cory Douglas Britt of Ward, Hocker & Thornton PLLC, Lexington is a 2013 graduate of the Salmon P. Chase College of Law who currently practices in the areas of Auto, General Liability, Insurance, and Premises. He is sponsored by KDC member, Ashley Brown.

Samuel Earl Town Jones of Ward, Hocker & Thornton PLLC, Louisville graduated in 2013 from the University of Kentucky College of Law. He currently practices in the areas of Auto, Construction, Insurance and Trucking. He is sponsored by KDC member, Scott Burroughs.

Whitney Elizabeth Wood of Ward, Hocker & Thornton PLLC, Louisville graduated in 2014 from the University of Kentucky Brandeis School of Law. She currently practices in the areas of Contract, Insurance, Premises, Tort and Trucking. She is sponsored by KDC member, Scott Burroughs.

New Members for KDC!

Kathi McKeown — Tue, 28 Oct 2014 13:55:15 GMT

KDC welcomes the following new members:

Craig L. McCloud of McCloud Law Group, Lexington graduated from law school at Thomas M. Cooley in 2004. Mr. McCloud practices in the areas of Business Litigation, Construction and Employment. He is a member of DRI and is sponsored by KDC member, Stephanie Wurdock.

Mary Katherine Bing of Taylor, Keller & Oswald, PLLC, London is a 2013 University of Kentucky Law School graduate. She currently practices in the area of insurance and is sponsored by KDC member, Clayton Oswald.

David G. Noble of Landrum & Shouse, Lexington is a 2012 University of Kentucky Law School graduate. He practices in the areas of insurance, product liability, tort and trucking and is sponsored by KDC member, Elizabeth Winchell.

Lindsey Lee Howard of Goldberg Simpson, LLC, Prospect is a 2014 University of Louisville Brandeis School of Law graduate. She is currently practicing in the areas of Insurance, Premises and Tort and is sponsored by KDC member, Charles Cassis.

KDC Welcomes Jennifer Mills Bourbour and Danielle Jarvis Lewis

Kathi McKeown — Fri, 26 Sep 2014 15:55:04 GMT

KDC welcomes its two newest members:

Jennifer Mills Barbour of Middleton Reutlinger, Louisville is a 2006 University of Louisville Brandeis School of Law graduate. She currently practices in the area of Nursing Home litigation. Ms. Barbour is a member of DRI and is sponsored by KDC member, Pat Moloney.

Danielle Jarvis Lewis of Middleton Reutlinger, Louisville is a 2010 NKU Chase College of Law graduate. She currently practices in the areas of Medical Malpractice and Nursing Home litigation. Ms. Lewis is a member of DRI and is sponsored by KDC member, Pat Moloney.

Thank you to our Sponsors!

Kathi McKeown — Sun, 14 Sep 2014 18:45:14 GMT

KDC wishes to thanks its advertisers and sponsors. Please consider using their services as your legal needs arise. Please go to the Sponsors tab above and click on the logo for a direct link to our sponsor's websites.

KDC Recipient of Rudolph A. Janata Award

Kathi McKeown — Sat, 06 Sep 2014 15:26:38 GMT

Kentucky Defense Counsel, Inc. has been named the recipient of DRI’s 2014 Rudolph A. Janata Award. This award is presented annually to an outstanding state or local defense bar organization that has undertaken an innovative or unique program contributing to the goals and objectives of the organized defense bar.

Kentucky Defense Counsel is also pleased to announce that KDC President-Elect, Casey Stansbury, has been named the recipient of DRI’s 2014 Albert H. Parnell Outstanding Program Chair Award. This award honors an individual who created a dynamic educational program. The honoree also displayed leadership, dedication and creativity in seminar development. Above all of these achievements, the program met organizational expectations established for the seminar.

The awards will be formally presented at the DRI Annual Meeting Awards Luncheon in San Francisco on Friday, October 23, 2014.

Sunshine Act

Kathi McKeown — Fri, 22 Aug 2014 18:18:50 GMT

KDC member, Ryan T. Wood, wrote a great article for DRI's publication, For the Defense, August 2014 issue: Potential Effects of the Sunshine Act on Malpractice Litigation. The article is available under the Members Only section of this website, under Articles. Thanks for a great job, Ryan!

KDC Welcomes James David Bolen

Kathi McKeown — Fri, 22 Aug 2014 15:37:02 GMT

KDC Welcomes its newest member --

James David Bolen of Huddleston Bolen LLP, Huntington, West Virginia, is a 2001 University of Kentucky Law School graduate. Mr. Bolen practices in the areas of business litigation, general liability, insurance, product liability and tort. He is a member of DRI and is sponsored by KDC member, Trent Spurlock.

Welcome Andrew M. Yocum

Kathi McKeown — Tue, 12 Aug 2014 18:54:57 GMT

KDC welcomes Andrew M. Yocum to its membership. Mr. Yocum is a 2013 University of Kentucky Law School graduate and is currently practicing business litigation with the Fayette County Attorney's Office. He has applied for membership in DRI and is sponsored by KDC Past President, Pat Moloney.

John Tate Defense Verdict!

Kathi McKeown — Fri, 18 Jul 2014 18:03:32 GMT

Congratulations to KDC member, John Tate, on his recent defense verdict involving a spinal injury while plaintiff participating in motocross. To learn more about this verdict, please go to the Members Only Section of the website under Defense Verdicts to read an article from DRI's July 16 issue of The Voice.

KDC Announces Two New Members!

Kathi McKeown — Fri, 11 Jul 2014 00:19:54 GMT

KDC welcomes the following new members:

Michael E. Hammond of Landrum & Shouse, Lexington is a 2000 graduate of University of Kentucky Law School. Mr. Hammond practices in the areas of Auto, Premises, Tort & Trucking. He is a member of DRI and is sponsored by KDC member, Beth Winchell.

Philip C. Lawson of McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington is a 2011 graduate of the University of Louisville Brandeis School of Law. Mr. Lawson practices in the area of general liability and is sponsored by KDC member, Brandon Lally.

Michael Burns & Gregory Funfsinn Newest KDC Members!

Kathi McKeown — Sat, 05 Jul 2014 20:55:09 GMT

KDC welcomes its two newest members:

Michael T. Burns of Smith & Hoskins, Louisville graduated from the University of Louisville Brandeis School of Law in 2004. Mr. Burns’ practice areas include Auto, General Liability, Insurance and Tort. He is sponsored by KDC member, Anna S. Rueff.

Gregory Michael Funfsinn of Landrum & Shouse, Lexington is a 2007 graduated of the Chicago-Kent College of Law. Mr. Funfsinn’s practices areas include Appellate, Auto, Insurance, Premises and Tort. He is sponsored by KDC member, Elizabeth Winchell.

Samuel Carlos Wood & Caroline L. Kaufmann join KDC!!

Kathi McKeown — Fri, 20 Jun 2014 13:29:14 GMT

KDC welcomes its newest members:

Samuel Carlos Wood of Goldberg Simpson LLC, Louisville, KY is a 2006 graduate of the University of Northern Kentucky Chase College of Law. Mr. Wood practices in the areas of Auto, General Liability, Insurance and Torts, and is a member of DRI. He is sponsored by KDC member, Aaron Silletto.

Caroline L. Kaufmann of Goldberg Simpson LLC, Louisville, KY is a 2003 graduates of the University of Northern Kentucky Chase College of Law. Ms. Kaufmann practices in the areas of Auto, Commercial, General Liability, Insurance, remises, Product Liability and Tort. She has applied for membership in DRI and is sponsored by KDC member, Aaron Silletto.

KDC Welcomes Cheryl Anne Harrison

Kathi McKeown — Tue, 17 Jun 2014 17:16:11 GMT

KDC welcomes its newest member, Cheryl Anne Harrison of Baptist Healthcare Systems, Inc., Louisville. Ms. Harrison is a 2003 University of Louisville Brandeis School of Law graduate and practices in the areas of Employment, Medical Malpractice, Professional Liability and Workers' Compensation. She is a member of DRI!

Jared A. Cox newest member of KDC!

Kathi McKeown — Tue, 27 May 2014 17:27:11 GMT

KDC welcomes its newest member: Jared Andrew Cox of Bingham Greenebaum Doll LLP, Louisville, Kentucky is a 2008 University of Kentucky Law School graduate and practices in the areas of Appellate, Business Litigation, Commercial, Construction, Contract, Employment, Premises, Professional Liability and Tort. Jared is a member of DRI.

New Contact Info for Jonathan Gray

Kathi McKeown — Mon, 26 May 2014 13:48:47 GMT

KDC member, Jonathan D. Gray, is now practicing with Smith, Rolfes & Skavdahl Co., LPA, Cincinnati, Ohio.

Welcome Edward L. Metzger

Kathi McKeown — Fri, 23 May 2014 19:00:14 GMT

KDC welcomes its newest member -- Edward L. Metzger of Adams, Stepner, Wolterman & Dusing, PLLC, Covington, Kentucky. Mr. Metzger practices in the areas of Auto, Insurance, Premises and Tort. He was referred to KDC by Todd Page of Stoll Keenon Ogden's Lexington Office. Mr. Metzger is a member of DRI.

Guy Hughes Newest KDC Director

Kathi McKeown — Tue, 15 Apr 2014 15:00:03 GMT

At the April 9, 2014 Board of Directors meeting, Guy Hughes of Casey, Bailey & Maines, Lexington was voted onto KDC's Board of Director as a Director at Large.

Welcome Langdon Ryan Worley and Ashley Dawn Belcher

Kathi McKeown — Tue, 15 Apr 2014 14:57:49 GMT

KDC welcomes its two newest members:

Ashley Dawn Belcher of Kerrick Bachert Stivers PSC, Bowling Green, graduated from the University of Kentucky in 2012. Ms. Belcher practices in the areas of auto, business litigation and insurance and is sponsored by KDC Director, Greg Harvey.

Langdon Ryan Worley of Golden & Walters, PLLC, Lexington, graduated from the University of Kentucky in 2010. Ms. Worley practices in the areas of auto, employment, insurance and premises. She is sponsored by KDC member, Allison Helsinger.

KDC Welcomes --

Kathi McKeown — Sat, 05 Apr 2014 15:13:33 GMT

Hannah Elizabeth Kington-Jarvis of Franklin, Gordon & Hobgood, Madisonville, Kentucky, is a 2012 graduate of Northern Kentucky’s Salmon P. Chase College of Law. Ms. Kington-Jarvis practices in the areas of insurane and medical malpractice. She is sponsored by KDC member, Byron Hobgood.

David E. Crittenden of Boehl, Stopher & Graves, LLP, Louisville, is a 1995 graduate of the University of Louisville Brandeis School of Law. Mr. Crittenden practices in the areas of Employment, Insurance, Premises, Professional Liability, Real Estate and Tort. He is sponsored by KDC member, Robert E. Stopher.

Brant William Sloan of O’Bryan, Brown & Toner, Louisville, is a 2010 graduate of the University of Louisville Brandeis School of Law. Mr. Sloan practices in the areas of medical malpractice, nursing home, product liability, professional liability and tort. He is sponsored by KDC member, Christopher Leopold.

John Michael Carter of Tooms and Dunaway, PLLC, London, graduated from law school at the University of Kentucky in 2012. Mr. Carter practices in the areas of auto, municipal, and premises. He is sponsored by KDC member, Bridget Dunaway.

Welcome to four new KDC members --

Kathi McKeown — Fri, 28 Mar 2014 14:17:35 GMT

KDC welcomes its newest members!

Blake C. Nolan of the Taylor Law Group, PLLC, Lexington, is a 2011 University of Louisville Brandeis School of Law graduate. Mr. Nolan practices in the areas of Auto, Insurance, Premises, and Tort. He is co-sponsored by Guy Colson and Craig Reinhardt.

Matthew Wade Swafford of the Taylor Law Group, PLLC, Lexington, is a 2011 University of Northern Kentucky Salmon P. Chase College of Law graduate. Mr. Nolan practices in the areas of Auto and Insurance. He is co-sponsored by Guy Colson and Craig Reinhardt.

James W. Taylor of the Taylor Law Group, PLLC, Lexington, is a 1983 University of Kentucky Law School graduate. Mr. Nolan practices in the areas of General Liability, Insurance, Premises, Professional Liability, Tort and Trucking. He is a member of DRI and is co-sponsored by Guy Colson and Craig Reinhardt.

Daniel E. Murner of Landrum & Shouse, Lexington, is a 1988 University of Kentucky Law School graduate. Mr. Murner practices in the areas of Insuance, Premises, Product Liability, Professional Liability, Tort and Trucking. He is a member of DRI and is sponsored by KDC member, Beth Winchell.

U of K Award Recipients Announced

Kathi McKeown — Tue, 18 Mar 2014 12:55:10 GMT

The University of Kentucky Law School has advised KDC that there was a tie for the highest grade in Torts I and II classes for the 2012-13 academic school year. KDC's award was given to both Sarah Hines and Bardia Sanjabi. KDC wishes them the best as they continue in their legal careers.

Welcome to KDC's Newest Members

Kathi McKeown — Fri, 14 Mar 2014 23:15:47 GMT

KDC welcomes its two newest members:

Carson Wood Smith of Landrum & Shouse, LLP, Lexington, is graduated from law school in 2008 at the University of Dayton. Mr. Smith practices in the areas of Auto, General Liability, Insurance, Premises, Product Liability, Tort & Trucking. He is sponsored by KDC member, John McNeill.

Steven A. Neace of Stites & Harbison, PLLC, Lexington, is a 2012 graduate of the University of Kentucky Law School. Mr. Neace practices in the areas of Appellate, Auto, Business Litigation, Construction, Contract, General Liability, Insurance, Medical Malpractice, Premises, Product Liability, Property & Tort. He is sponsored by KDC member, Clarke Keller.

U of L Award Recipient --

Kathi McKeown — Fri, 14 Mar 2014 23:00:33 GMT

Ms. Sara K. Willis, a current student at the University of Louisville Brandeis School of Law, is the recipient of KDC's annual award to the student who receives the highest overall grade in Torts I and II. KDC Vice President, Brad Case, will present the award to Ms. Willis during U of L's Honors and Awards program on Sunday, April 13.

Congratulations to Sara on a job well done!!

Federal Courts App for iPhone and iPad

Kathi McKeown — Mon, 03 Mar 2014 18:29:33 GMT

E-mail from KosInterative LLC:

Good news! The updated Federal Courts app is for iPhone and iPad. Download it today for $2.99. With access to PACER, the federal rules of civil, criminal, bankruptcy and appellate procedure, federal rules of evidence, local rules for EVERY federal court in the country, and the location of every federal courthouse with turn-by-turn navigation using GPS to each, the Federal Cours app is a must have for all practitioners.

To download search the app store for Fed Courts.

Welcome Andrew Garverich

Kathi McKeown — Thu, 27 Feb 2014 21:31:59 GMT

KDC welcomes its newest member: Andrew Garverich of Smith, Rolfe & Skavdahl, LPA, Ft. Mitchell, Kentucky. Mr. Garverich is a 2013 University of Northern Kentucky Salmon P. Chase College of Law graduate and practices in the areas of Auto, General Liability, Insurance Coverage, Product Liability, Tort and Claims Investigation. He is sponsored by KDC member, Lindsay Rump, and is a member of DRI.

Congratulations to Tammy Meade Ensslin --

Kathi McKeown — Wed, 26 Feb 2014 16:24:18 GMT

Congratulations to KDC member, Tammy Meade Ensslin, who recently received a defense verdict in a retaliatory discharge case. To learn more about this verdict, go to the Members Only section, Verdicts, Retaliatory Discharge.

Don't miss Ryan T. Wood's article in For the Defense

Kathi McKeown — Sun, 23 Feb 2014 19:41:58 GMT

KDC member, Ryan T. Wood of Darby & Gazak in Louisville, has a featured article in the March 2014 issue of DRI's For the Defense. To see "Aspects of Electronic Discovery in Health Care Litigation" please go to the Members Only Section, DRI Articles.

KDC Welcomes Sarah Potter!

Kathi McKeown — Fri, 14 Feb 2014 15:23:09 GMT

KDC welcomes its newest member: Sarah Ellen Potter of Frost Brown Todd LLC, Louisville is a 2013 graduate of the University of Louisville Brandeis School of Law. Ms. Potter practices in the areas of Business Litigation, Construction, Contract, General Liability, Insurance Coverage, Premises Liability, Professional Liability, Tort, Trucking and Utilities. She is sponsored by KDC member, Steven M. Crawford.

Claire Parsons Newest KDC Member!

Kathi McKeown — Mon, 10 Feb 2014 21:48:22 GMT

KDC welcomes its newest member, Claire Parsons of Adams, Stepner, Woltermann & Dusing, PLLC, Covington. Ms. Parsons is a 2008 University of Louisville Brandeis School of Law graduate and practices in the areas of civil rights, education, employment, and municipal law. She is a member of DRI and is sponsored by KDC member, Jeffrey Mando.

Welcome William H. Partin, Jr.!

Kathi McKeown — Thu, 06 Feb 2014 19:11:08 GMT

KDC welcomes its newest member, William H. Partin, Jr. of Ward Hocker & Thornton, PLLC, Lexington. Mr. Partin is a 1989 law school graduate from the University of Kentucky. He practices in the areas of Auto, Commercial, Construction, General Liability, Insurance, Premises, Product Liability, Tort, Trucking and Workers' Comp. He is a member of DRI and is sponsored by KDC member, Ashley Brown.

New Contact Information --

Kathi McKeown — Fri, 31 Jan 2014 18:23:53 GMT

KDC member, Rebecca R. Schafer, is now practicing at Reminger Co., LPA in Louisville.

New KDC Directors

Kathi McKeown — Mon, 27 Jan 2014 16:40:12 GMT

The KDC Board of Directors met on Saturday, January 25, 2014 for a quarterly Board meeting and the annual Board retreat. At the onset of the meeting, the following individuals were voted onto KDC's Board:

District 2 - Jacinta Porter of Bell Orr Ayers & Moore, Bowling Green; Jacinta replaces Beth Lochmiller who is now a KDC officer.

District 3 - Clayton Oswald of Taylor Keller & Oswald PLLC, London; Clayton replaces Martha Brown whose term expired.

Director at Large - Trent Spurlock of Huddleston Bolen, Louisville

Additionally, Todd Page of Stoll Keenon Ogden, Lexington repositioned from Director at Large to Director for District 5; Todd replaces Timothy Davis who relocated to Texas.

Deposition Boot Camp

Kathi McKeown — Fri, 17 Jan 2014 15:06:55 GMT

A Deposition Boot Camp, being organized by the YLS Committee of KDC, will be held on Thursday, April 10, 2014 at The Marriott Griffin Gate Lexington. In an effort to support the USA's Going Green program, materials will be placed in a portal for everyone to secure and/or print on their own.

More information to follow in early February!!

KDC Board of Directors To Meet

Kathi McKeown — Fri, 17 Jan 2014 15:04:56 GMT

The KDC Board of Directors will meet on Saturday, January 25th in Lexington. We like to hear from our members about ways that we can be of assistance to you in your civil defense practice. Have an idea you would like to present to the Board? Please forward that to KY.Def.Csl@att.net and it will be added to the Agenda.

Welcome to KDC's newest member!

Kathi McKeown — Tue, 14 Jan 2014 19:33:27 GMT

KDC welcomes its newest member, John Lawrence Forgy of L. Forgy & Associates, Frankfort. Mr. Forgy is a 1996 Universit of Kentucky Law School graduate. His practice involves the nursing home litigation. Mr. Forgy is a member of DRI.

Liam Felsen, Eddie O'Brien, Willis Taylor & Krista Willike Newest Members of KDC!

Kathi McKeown — Mon, 09 Dec 2013 14:03:30 GMT

Liam Ethan Felsen of Frost Brown Todd LLC, Louisville, is a 2013 University of Louisville Brandeis School of Law graduate. Mr. Felsen practices in the area of product liability and is a member of DRI.

Edward O’Brien of Wilson Elser Moskowitz Edelman & Dicker LLP, Louisville, is a 2013 University of Louisville Brandeis School of Law graduate. Mr. O’Brien practices in the areas of Appellate, Business Litigation, Contract, Employment, General Liability, Medical Malpractice and Nursing Home. He is sponsored by KDC member, Stephanie Carr.

Willis Spurgin Taylor of Naper Gault Schupbach & Moore, PLC, Louisville, is a 2011 graduate of the University of Louisville Brandeis School of Law. Mr. Taylor practices in the areas of Medical Malpractice, Premises and Tort and is sponsored by KDC member, Timothy H. Napier.

Krista Willike of O’Bryan, Brown & Toner, Louisville, is a 2013 University of Louisville Brandeis School of Law graduate. Ms. Willike’s practice encompasses Commercial, Employment, General Liability, Insurance Coverage, Product Liability, Professional Liability and Tort.

Welcome Stephanie Carr and Anna Stahr Rueff!

Kathi McKeown — Mon, 25 Nov 2013 17:25:43 GMT

KDC welcomes the newest members of KDC:

Stephanie Michelle Carr of McMasters Keith Butler, Inc., Louisville as its newest member. Stephanie is a 2013 graduate of the University of Kentucky law school, practices in the area of medical malpractice, and is a member of DRI. She is sponsored by KDC member, Ashley Butler.

Anna Stahr Rueff of Smith & Hoskins, Louisville, is a 2010 graduate of the University of Kentucky Law School. Ms. Rueff practices in the areas of Auto, Insurance, Premises Liability, and Product Liability. She is a member of DRI and is sponsored by KDC President, Kit Hornback.

Welcome to the newest KDC Members --

Kathi McKeown — Tue, 19 Nov 2013 21:04:28 GMT

Ashley Gillenwater Eade of Kightlinger & Gray, New Albany, IN is a 2010 graduate of University of Louisville's Brandeis School of Law. Ms. Eade practices in the areas of Auto, Business Litigation, Employment, Insurance and Premises. She is a member of DRI and is sponsored by KDC member, Jeffrey Lowe.

Van Thomas Willis of Kightlinger & Gray, New Albany, IN is a 1988 graduate of the University of Kentucky. Mr. Willis practices in the areas of Auto, Business Litigation, Employment, Tort and Workers’ Comp. He is a member of DRI and is sponsored by KDC member, Jeffrey Lowe.

William Fraser English of Kightlinger & Gray, New Albany, IN is a 2009 graduate of Indiana University McKinney School of Law. Mr. English practices in the areas of Auto, Employment, and Municipal. He is a member of DRI and is sponsored by KDC member, Jeffrey Lowe.

Ryan Thomas Wood of Darby & Gazak, Louisville, KY is a 2012 graduate of University of Louisville's Brandeis School of Law. Mr. Wood practices in the area of Medical Malpractice, is a member of DRI, and is sponsored by KDC Director, Daniel Brown.

Elizabeth Winchell of Landrum & Shouse, Lexington, is a 2007 graduate of the University of Kentucky Law School. Ms. Winchell practices in the areas of Appellate, Auto, Commercial, Construction, Contract, Employment, General Liability, Premises Liability, Product Liability and Trucking and is sponsored by KDC Director, Timothy Davis.

Change of Address --

Kathi McKeown — Tue, 19 Nov 2013 17:39:31 GMT

Sewell, O'Brien & Neal, PLLC has relocated. It's new address is:

220 West Main Street, Suite 1800
Louisville, KY 40202

All phone and e-mail information remains the same.

KDC Award Recipients

Kathi McKeown — Wed, 13 Nov 2013 14:17:57 GMT

At the Awards Luncheon on Friday, November 8, the 2013 Founders Award was presented to six individuals for their work in forming KDC at its onset. Those individuals recognized include:

John T. Ballantine of Stoll Keenon Ogden, Louisville

Reford Coleman of Coleman, Lochmiller & Bond, Elizabethtown

Charles E. English of English, Lucas, Priest, Owsley & Brown, Bowling Green

Frank P. Doheny, Jr. of Dinsmore & Shohl, Louisville

William D. Grubbs of Dinsmore & Shohl, Louisville

Richard C. Roberts of Whitlow, Roberts, Houston & Straub, Paducah

While KDC has evolved over the years, we would not be where we are today without these individuals getting KDC up and running. Many thanks to each of them!!

Deposition Boot Camp --

Kathi McKeown — Wed, 13 Nov 2013 14:16:16 GMT

KDC was planning to host a Deposition Boot Camp on January 24 & 25, 2014. We have learned that the KBA will be holding a mandatory CLE program on that date for new attorneys. We are looking at rescheduling this program at this time and will advise when a new date is in place.

Fall Seminar -- Thanks to Casey & Stephanie

Kathi McKeown — Wed, 13 Nov 2013 14:08:39 GMT

54 individuals were in attendance for the KDC Fall Seminar Thursday, November 7, afternoon session presented by the YLS Committee of KDC. Many thanks to Stephanie Wurdock for lining up the great speakers: John Trimble, Pierce Hamblin and Peter Ostermiller.

53 individuals were in attendance for the KDC Fall Seminar on Friday, November 8. Many thanks to Casey Stansbury for his work in lining up the fantastic speakers: Robert Alexander, Jr., Barry Miller, Trey Moore, Jim Cooney, Guy Hughes & John Trimble.

Many thanks to Denton & Keuler for donating two tickets for the November 8 UK basketball game. They were won by Jessica Surber!

Our sponsors donated door prizes that were won by:

Casey Stansbury, $50 VISA gift card (EFI Global)

Ashley Brown, Makers Mark gift set (SEA, Ltd.)

Brad Case, Buffalo Trace gift set (Rimkus)

Everyone came away with some great information, as well, and we look forward to seeing increased growth at the seminars.

KDC Board Announcement

Kathi McKeown — Wed, 13 Nov 2013 13:54:46 GMT

The KDC Board of Directors met on Thursday, November 7 at 10:00 a.m. at the offices of Stoll Keenon Ogden in Lexington. Park Priest of English, Lucas, Priest & Owsley, Bowling Green, presided at his last meeting as President of KDC and Kit Hornback of Reinhardt & Associates, Lexington now serves as President of KDC. Casey Stansbury of Fowler Bell, Lexington now serves as President-Elect and Brad Case of Dinsmore & Shohl, Louisville moves to the position of Vice-President. Beth Lochmiller of Coleman, Lochmiller & Bond, Elizabethtown, was voted in as Secretary-Treasurer of KDC for 2013-14.

Jay Ridings of Hamm, Milby & Ridings, London was voted onto the Board as a Director for District 3 and Stephanie Wurdock of Sturgill, Turner, Barker & Moloney, Lexington was voted onto the Board in her position as Chair of the YLS Committee.

Bob Hoffer of Dressman, Benzinger & Lavelle, Crestview Hills, Kentucky rotates off the Board as Immediate Past President, but will remain active with the Board as an ex officio member; he will continue in his role as Chairman of the By-Laws Committee.

Bridget Dunaway of Tooms & Dunaway, London, rotated off of the Board as a Director for District 3. Thank you to Bridget for her years of service to the KDC Board.

Welcome to Seven More New Members ...

Kathi McKeown — Wed, 13 Nov 2013 13:51:03 GMT

KDC wishes to welcome the following new members:

Donald James Niehaus of Ward Hocker & Thornton, PLLC, Lexington is a 2010 graduate of University of Louisville Brandeis School of Law. Mr. Niehaus works in the area of workers’ compensation and is sponsored by KDC member, Jillian Dove.

Matthew Coleman Cocanougher of Quintairos, Prieto, Wood & Boyer, P.A., Lexington, is a 2011 University of Kentucky Law School graduate. Mr. Cocanougher practices in the areas of Medical Malpractice and Nursing Home Litigation.

Clayton O. Oswald of Taylor, Keller & Oswald, PLLC, London is a 2004 University of Kentucky Law School graduate. Mr. Oswald practices in the areas of Appellate, Auto, Contract, General Liability, Insurance Coverage, Product Liability and Tort.

Elizabeth Marie Bass of Golden and Walters, PLLC, Lexington is a 2008 University of Kentucky Law School graduate. Ms. Bass practices in the areas of Appellate, Civil Rights, Education, Employment, Government, Insurance, Municipal, Premises, and Tort. She is sponsored by KDC member, Kellie Collins.

Emily Helen Brooks of Ward Hocker & Thornton, PLLC, Louisville is a 2011 of Chase College of Law. Ms. Brooks practices in the areas of Auto, Construction, Contract, Insurance, Surety and Tort. She is sponsored by KDC member, Scott Burroughs.

Leslie Nicole Obrzut of Ward Hocker & Thornton, PLLC, Louisville, is a 2008 graduate of West Virginia University’s law school. Ms. Obrzut practices in the area of Auto, General Liability, Insurance and Tort, and is sponsored by KDC member, Jillian Dove.

Jennifer Lauren Fell of Ward Hocker & Thornton, PLLC, Louisville, is a 2012 graduate of University of Louisville's Brandeis School of Law. Ms. Fell practices in the area of insurance defense and is sponsored by KDC member, Scott Burroughs.

Welcome to New KDC Members!

Kathi McKeown — Fri, 01 Nov 2013 12:38:11 GMT

KDC welcomes the following new members:

Heather Coleman of English, Lucas, Priest & Owsley, Bowling Green is a 2013 University of Kentucky Law School graduate. She will be attending the 2013 KDC Fall Seminar and we hope to meet her at that time.

Donald Killian Brown of Krauser & Brown, Louisville practices in the areas of Appellate, Auto, Business Litigation, Commercial, Construction, Contract, Employment, General Liability, Insurance Coverage, Medical Malpractice, Premises Liability, Product Liability, Professional Liability, Property, Tort, Trucking and Workers' Compensation. He is a member of DRI.

Jeri Poppe of Krauser & Brown, Louisville is a University of Louisville Brandeis School of Law graduate and practices in the areas of Appellate, Auto, Business Litigation, Commercial, Construction, Contract, Employment, General Liability, Insurance Coverage, Medical Malpractice, Premises Liability, Product Liability, Professional Liability, Property, Tort, Trucking and Workers' Compensation.

Robert "Scott" Summers of Dinsmore & Shohl, Louisville is a University of Louisville Brandeis School of Law graduate and practices in the areas of Auto, Business Litigation, Commercial, Contract, Employment, General Liability, Medical Malpractice, Product Liability, Professional Liability, Property, Tort, Trucking and Workers' Comp.

Allison Weyand of Frost Brown Todd LLC, Louisville is an Indiana University Maurer School of Law graduate and practices in the areas of Insurance Coverage, Premises Liability, Product Liability and Tort.

Whitney Kramer of O'Bryan, Brown & Toner, Louisville is a 2013 University of Louisville Brandeis School of Law graduate and practices in the areas of Medical Malpractice, Nursing Home, Product Liability, Professional Liability and Tort.

Christopher J. Leopold of O'Bryan, Brown & Toner, Louisville is a 2013 University of Louisville Brandeis School of Law graduate and practices in the areas of Medical Malpractice, Premises Liability, Product Liability, and Tort.

Carl N. Frazier of Stoll Keenon Ogden PLLC, Lexington is a 2007 graduate of the University of Kentucky Law School. He practices in the areas of Appellate, Auto, Business Litigation, Civil Rights, Commercial, General Liability, Government Entity, Insurance Coverage, Municipal, Premises Liability, Product Liability, Professional Liability, Property, Tort, Trucking and Utilities.

James Milby Ridings of Hamm Milby Ridings, PLLC, London, is a 2007 Salmon P. Chase College of Law graduate and practices in the areas of insurance defense, civil litigation and personal injury.

Welcome to New Members Curt Graham and Tucker Willis

Kathi McKeown — Thu, 24 Oct 2013 21:19:41 GMT

KDC welcomes its two newest members: Curt Matthew Graham of Fowler Bell PLLC, Lexington is a 2012 University of Kentucky Law School graduate who practices in the areas of auto, business litigation, government and insurance. He is sponsored by KDC member, Tia Combs.

John "Tucker" Willis of Ward Hocker & Thornton, PLLC, Lexington is a 2013 University of Kentucky Law School graduate who is practicing in the areas of auto, premises and property. Tucker is sponsored by KDC member, Jillian Dove.

Graham Barth, Jessica Surber and David Riley Newest KDC Members

Kathi McKeown — Tue, 01 Oct 2013 20:24:19 GMT

KDC welcomes the two newest members of KDC:

Graham David Barth of Ward, Hocker & Thornton, PLLC, Lexington is a 2010 University of Kentucky College of Law graduate and practices in the area of insurance defense. He is sponsored by Meghan Lyons.

Jessica Renee Surber of English, Lucas, Priest & Owsley, LLP, Bowling Green is a 2012 University of Kentucky College of Law graduate and practices in the areas of business litigation, civil rights and employment. She is sponsored by current KDC President, Park Priest.

David Thomas Riley of Bradley, Freed & Grumley, P.S.C., Paducah is a 2010 University of Kentucky College of Law graduate and practices in the areas of Appellate, Business Litigation, Commercial, Education, General Liability, Government Entity, Insurance Coverage, Medical Malpractice, Professional Liability, Tort and Utilities. He is sponsored by KDC Director, Miller Grumley.

KDC Welcomes Three New Members --

Kathi McKeown — Mon, 23 Sep 2013 20:53:00 GMT

KDC welcomes its three newest members:

Kellie Marie Collins of Golden and Walters PLLC, Lexington is a 2008 UK College of Law grad. Her areas of practice include Agriculture, Appellate, Bad Faith, Class Action, Contract, Dram Shop, Insurance and Property. She is sponsored by KDC member, Jillian Dove.

Colleen Clements Hartley of O'Bryan, Brown & Toner PLLC, Louisville is a 2009 graduate of the University of Louisville Brandeis School of Law. Her areas of practice include Medical Malpractice and Tort. She is sponsored by KDC Director, Katherine Kerns Vesely.

Laura Elizabeth Salzman of Fowler Bell PLLC, Lexington is a 2012 graduate of the University of Kentucky College of Law. Her areas of practice include Insurance and Tort. She is sponsored by KDC member, Tia J. Combs.

Casey Stansbury, Program Chair, & R. Jeffrey Lowe, Committee Vice Chair -- DRI Civil Rights and Governmental Tort Liability Seminar

Kathi McKeown — Mon, 23 Sep 2013 20:50:34 GMT

Casey Stansbury of Fowler Bell PLLC, Lexington, is serving as the Program Chair of DRI's Civil Rights and Governmental Tort Liablity seminar being held at the New Orleans Marriott, New Orleans, Louisiana, January 30-31, 2014. For more information regarding this seminar, please visit DRI.org.

Allison Helsinger & Blake Vogt Newest KDC Member

Kathi McKeown — Tue, 10 Sep 2013 20:46:31 GMT

KDC welcomes its newest members:

Allison Marie Helsinger of Ward Hocker Thornon, PLLC, Lexington is a 2010 University of Kentucky Law School graduate and is sponsored by KDC member, Ashley Brown. Her practice areas include: Auto, Construction, General Liability, Insurance, Premises, Product Liability, Tort and Trucking.

Blake Austin Vogt, also of Ward Hocker Thornton, PLLC, Lexington, is a 2009 University of Northern Kentucky Chase College of Law graduate. His practice areas include Auto, Construction & Premises. He is sponsored by KDC member, Ashley Brown.

Welcome Neil Patrick Baine

Kathi McKeown — Tue, 27 Aug 2013 20:33:32 GMT

Neil Patrick Baine of MacKenzie & Peden, PSC, Louisville has been approved for Membership in Kentucky Defense Counsel, Inc. Mr. Baine is a 2010 U of L graduate and his defense work is in the areas of commercial, general liability, insurance and tort. He was sponsored for membership in KDC by Bill Orberson.

Welcome to the Newest Members of KDC!

Kathi McKeown — Sat, 03 Aug 2013 13:34:02 GMT

The following individuals have been approved for membership in KDC:

Michael David Hornback, Wyatt, Tarrant & Combs, LLP, Lexington, is a 2002 graduate of the University of Arkansas law school. He practices in the areas of Business Litigation, Commercial, Contract, Employment, Premises, Product Liability, Property, and Tort. He recently relocated to Lexington from Memphis, Tennessee.

Scott Ellis Burroughs, Ward, Hocker & Tornton, PLLC, Louisville, is a 2011 graduate of the University of Kentucky Law School. He practices in the areas of Auto, Insurance, Tort, and Workers' Comp.

Michael Scott Jackson, Boehl Stopher & Graves, Louisville, is a 1994 graduate of the University of Louisville Brandeis School of Law. He practices in the areas of General Liability, Insurance, Nursing Home, Premises, Product Liability, and Professional Liability.

Taryn K. Hagan, Fogle, Keller, Purdy, Bowling Green, is a 2012 graduates of the University of Kentucky Law School. Her practice is in the area of Workers' compensaton.

William E. Johnson Joins Lawyers Mutual Insurance's Board

Kathi McKeown — Thu, 18 Jul 2013 14:55:18 GMT

The following "For Immediate Release" was received from Lawyers Mutual:

Louisville, KY. Lawyers Mutual Insurance Company of Kentucky (LMICK) welcomes William E. Johnson to their Board of Directors. A partner in the law firm of Johnson Newcomb, LLP in Frankfort, KY, Johnson engages in all areas of trial practice and administrative law. He has served as the former assistant county attorney of Franklin Country, KY and as special counsel to the Commonwealth of Kentucky.

Johnson has been before the United States Supreme Court, The U.S. Court of Appeals for the Third and Sixth Circuit Courts, U.S. District Courts for the Eastern and Western districts of Kentucky, and pro hac vice of the U.S. Courts for the Virgin Islands, District of Kansas, and the Southern District of Ohio.

He is president-elect of the Kentucky Bar Association for 2013-1014 and was vice president of the Board of Governors, chairman of the House of Delegates in 1979. Johnson also served as president of the Kentucky Academy of Trial Attorneys, Franklin County Bar Association, and president of the Kentucky Association of Criminal Defense Lawyers.

Throughout his career, Johnson has held many Board of Directors positions, authored articles and co-authored articles in magazines and books. He received the War Horse Award from the Southern Trial Lawyers Association; was awarded the Nelson Mandela Lifetime Achievement Award by the Department of Public Advocacy in 2001; is listed in the Best Lawyers in America; and received an Honorary Doctor of Humane Letters from Kentucky State University in 2004.

KDC 2013 Fall Seminar, Awards Luncheon & Annual Meeting

Kathi McKeown — Tue, 16 Jul 2013 13:05:14 GMT

The KDC 2013 Fall Seminar will be held at Marriott Griffin Gate, Lexington, Kentucky on Friday, November 8, 2013. Speakers for this event include:

Robert Alexander, Oklahoma City, OK - Trying a Case to Jurors that Don't Look Like You

James P. Cooney, Charlotte, NC - The Ethical Implications of the Duke LaCrosse Cases [Mr. Cooney served as defense counsel on the case]

Escum Moore, Lexington - A View from the Other Side -- What Plaintiff's Attorneys Look for in Medical, Employment and Other Records

Barry M. Miller, Lexington - A New Frontier - Cyber Insurance Cyber Liability

Guy E. Hughes, Lexington - Recent Developments in Damages

John C. Trimble, Indianapolis - Workplace Violence and Claims

At lunch time, we will be presenting awards to some very deserving individuals, and will also hold the annual meeting at that time. Registration brochures will be mailed in mid to late September.

YLS Seminar Speakers Named --

Kathi McKeown — Tue, 16 Jul 2013 12:59:15 GMT

This year's YLS Seminar will be held on November 7, 2013 at Marriott Griffin Gate, Lexington, Kentucky. While the program is geared for the young lawyers, all KDC members may attend the seminar at no charge. Speakers for this year's seminar include:

John Trimble, Indianapolis: Behind the Curtain (Educating young lawyers regarding what claims reps are looking for in terms of billing, reporting, budgeting and, importantly, how they determine which firms keep work and which firms do not.)

Pierce Hamblin, Lexington: How to Evaluate and Settle Personal Injury Cases

Peter Ostermiller, Louisville: The Do's and Don'ts of Drafting Settlement Releases and Closing the File

Stephanie Wurdock Now Chair of KDC Young Lawyers Section

Kathi McKeown — Tue, 16 Jul 2013 12:54:20 GMT

Stephanie Wurdock of Sturgill, Turner, Barker & Moloney, PLLC has stepped into the role of Chair, Young Lawyers Section of Kentucky Defense Counsel, Inc. Stephanie, along with Tia Combs and Christine Hajjar, have already planned this year's YLS Seminar, being held November 7 at Marriott Griffin Gate, Lexington.

If you are interested in being involved in this section of KDC, or participating in its events, please contact Stephanie at (859) 255-8581.

Bradley A. Case Appointed Secretary-Treasurer of KDC

Kathi McKeown — Tue, 16 Jul 2013 12:50:09 GMT

Bradley A. Case has been appointed as Secretary-Treasurer of Kentucky Defense Counsel, Inc. and will complete the term of Melissa Calabrese which expires on November 8, 2013. Melissa recently changed employers and will be missed by those of us on the KDC Board.

William T. "Bill" Robinson III, Article in For the Defense

Kathi McKeown — Sat, 22 Jun 2013 19:28:21 GMT

DRI's June 2013 publication, For the Defense, has an article co-authored by KDC member, Wm. T. "Bill" Robinson III along with Bruce B. McIntosh. The entire article "Understanding the Role of the Structured Settlement Consultant" is available on this website in the Members Only Section, Articles by Members.

Patricia Trombetta - Article in DRI's The Voice

Kathi McKeown — Fri, 07 Jun 2013 20:23:19 GMT

The following article, written co-written by KDC member, Patricia Trombetta, is from DRI's The Voice, issued June 5, 2012:

Four Facts Outside Counsel Should Factor into Successfully Partnering with Clients

by Patricia J. Trombetta, Smith, Rolfes & Skavdahl Co., LPA and Kathryn A. Regier, Schlee, Huber, McMullen & Krause P.C.

The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. --William Arthur Ward

Introduction
“Partnering” is the current buzzword word to explain what successful lawyers have known for years – collaborating with the client in the plan for resolving a case or controversy sets the stage for the best result and a mutually beneficial long-term relationship. To that end, effective partnering inherently involves factoring in effective practices for complying with, and excelling at electronic case-management procedures and being a resource for clients.

Although the comments in this article reflect basic case-management procedures, the article highlights improvements that can be made in the attorney-client relationship by adjusting for and embracing current technology and collaborative efforts with the client.

1. Effective Partnering Includes Effective Use of Electronic Communications
Many corporations are now paperless and expect all communications, reports, budgets and billings to be transmitted to either a central location for the corporate department or by email to the client who saves the communication to an electronic file. Effective partnering with the client must include the ability and commitment to use electronic communication procedures.

Corporate clients have always had guidelines to control defense costs; however, they are now requiring comprehensive reports, submitted electronically, at early stages of the controversy. Lawyers need to be familiar with specific reporting requirements to be effective partners.

To achieve the maximum benefit from electronic reporting, it is important to make the reports as comprehensive as possible. This provides guidance to the client who can then fully assess and evaluate not only the case, but potential costs in achieving the expected outcome. To best collaborate with the client, it is not useful to leave parts of the report blank or assert “it is too early” to determine certain aspects of the case analysis. For example, if the form asks for identification of experts on key issues, it is not helpful to the corporate partner to indicate that experts have “not yet been determined.” Instead, the lawyer should provide information on experts used in the past along with the pros and cons of using particular experts. Providing the curriculum vitae for the expert and a fee schedule at this early stage allows for informed and accurate decisions to be made on key issues that may be affected by expert testimony. This underscores keeping the exit strategy and plan to achieve it as part of the focused team effort to achieve the best results for the client.

Over the last fifteen years, electronic enhancements to the practice of law and corporate business practices have been on the rise, including electronic billing. No longer is it standard practice to mail paper bills to the client to review and write a check. Bills are now transmitted from law firm computers to corporate computers and analyzed by software programs at either a third-party vendor or internally at the company. To continue to partner with clients, embracing electronic billing is crucial. Electronic billing should be seen as accentuating the partnership between client and lawyer. The system allows for quicker payment of bills but also requires consistent compliance with corporate billing guidelines. Law firms should have a point person in place on electronic billing to develop and maintain consistency in dealing with the billing requirements for each client.

2. Engaging in Early Case Assessment Is Crucial
Strategic decisions with respect to case management can now be made based on information easily transmitted and received. The efficiency of this process, especially in light of the growing use of electronic communications, is crucial to the partnering of the law firm and the client.

Attorneys need to be ready to consult with the client at every step of the way on the strategy for resolving the controversy. Even in the earliest stages of a case, the steps necessary to achieve the expected outcome, e.g. settlement or trial, can be framed out. No longer is it acceptable to meander along in the case for months or even years only to resolve the case by settlement after spending thousands of dollars in defense costs. Having an exit strategy is crucial and can be achieved through a dialogue with the client early on how to best move forward, along with built-in flexibility in the plan to allow for adjustments for new information obtained through the discovery process.

3. A Sense of Immediacy Is Key
Tied to the development of, enhancements to, and continued reliance by corporate clients on electronic case-management systems is the fact that a sense of immediacy is now a key aspect of partnering with clients. Part and parcel of electronic-case management systems requiring full case assessments early on, e.g. discovery plans, strategic analysis, and litigation budgets, is that as soon as case information and materials arrive in the office a sense of immediacy should begin. In order to best partner with the lawyer, the corporate client should quickly provide case information so the lawyer can hit the ground running with respect to case analysis and management.

Have a check list and point person in place so vital steps in early case assessment and reporting requirements are not overlooked. This means not only tracking response dates for specific lawsuits, but also getting witnesses interviewed, gathering factual information and documents, and framing out initial discovery. This advance organization and planning benefits both the client and the lawyer as case theories, litigation plans, budgets, and exit strategies are developed early on and with greater accuracy.

4. Being a Resource Is Vital to the Partnering Process
Another fact of successfully doing business in today’s legal world is the importance of being a resource for clients. Lawyers consistently need to be available as a resource both on their own initiative and through open invitations to be ready to answer questions, provide research, or put people on a project. To accomplish this, there should be continuing communications with clients about the current talent and skills available in firms. The partnering relationship extends to clients who need to be aware of available resource pools to assist on non-litigated matters.

Additionally, reach out to the client on a regular basis, perhaps quarterly, with relevant updates on the law and trends in select areas. When a significant case or article is published, be flexible and step out of the quarterly concept to immediately provide not only the case law or article but also a summary and analysis of the potential effect on the client’s business or a specific litigation. The key to making this work across the board is to put a plan in place and a person accountable for tracking not only whether the plan is being followed, but also whether the process can be improved.

Conclusion
Electronic case management systems are here to stay. Embrace the electronic reporting and billing requirements and expect the needs of the client to continue to change as technology changes. Be a resource. Keep adjusting your procedures to meet and exceed the needs and expectations of your clients while enjoying the challenge and the benefits this will bring to your clients as well as your practice. Consistent delivery of high-quality collaborative efforts will achieve the results clients need and expect, and you will be able to foster and maintain the sense of trust necessary within the partnering relationship.

Michael Hill & David Harper, UK Award Recipients

Kathi McKeown — Sun, 02 Jun 2013 16:07:47 GMT

Michael Hill and David Harper tied for the highest grade in Torts during the Fall of 2012 semester at the University of Kentucky Law School. While KDC usually provides a $500 award to one student at each Kentucky law school annually, in this instance each individual was given a $300 award.

Congratulations to Michael and David on a job well done!

KDC - Publications Committee

Kathi McKeown — Fri, 17 May 2013 18:25:56 GMT

Jason Kuhlman, Mitchell Hall, and Miller Grumley have taken on the task of researching and developing a semi-annual publication for Kentucky Defense Counsel, Inc. ("KDC"). If all goes as planned, the first issue of the 36-page publication will be printed and mailed in mid to late October 2013.

This Committee has done a great job getting organized for the first edition of the publication. However, due to the large amount of work that goes into preparation, they definitely could use some assistance. This is a great opportunity to be part of the Publication Committee.

If you are interested in assisting, please contact:

Jason Kuhlman at (859) 394-6200 or jkuhlman@aswdlaw.com; Mitch Hall at (606) 329-2929 or whall@vmje.com; or, Miller Grumley at (270) 443-0040 or mgrumley@kentuckylawyers.com.

Thank you for your participation in the further growth of KDC!

KDC Adds New Directors to Board

Kathi McKeown — Fri, 17 May 2013 18:18:39 GMT

The KDC Board of Directors met on April 18, 2013 at the offices of O'Bryan, Brown & Toner, Louisville, Kentucky. The following individuals were voted in as Directors of the KDC Board:

Beth Lochmiller of Coleman, Lochmiller & Bond, Elizabethtown, KY (District 2); Daniel G. Brown of Darby & Gazak, P.S.C., Louisville, KY (District 4); Timothy E. Davis of Landrum & Shouse LLP, Lexington and Todd S. Page of Stoll Keenon Ogden PLLC, Lexington (District 5); and, Nicholas Birkenhauer of Dressman Benzinger & LaVelle psc, Crestview Hills, KY (District 6).

All five Directors will serve a three-year term and may serve a second three-year term upon approval of the entire KDC Board of Directors.

KDC Welcomes Scott Allen Davidson and Hollan Thomas Holm

Kathi McKeown — Fri, 03 May 2013 20:11:29 GMT

KDC wishes to welcome its two newest members:

Scott Allen Davidson is employed with Boehl Stopher & Graves, LLP, Louisville and has been in practice for 16 years. He is a graduate of Brandeis School of Law at the University of Louisville and practices in the area of insurance defense.

Hollan Thomas Holm is employed with Dilbeck, Myers & Harris, PLLC, Louisville and has been in practice for 4 years. He is a graduate of Brandeis School of Law at the University of Louisville, and practices in the areas of auto, insurance and tort defense.

KDC Welcomes Shannon Naish

Kathi McKeown — Tue, 02 Apr 2013 20:14:20 GMT

KDC welcomes its newest member, Shannon Michael Naish. Shannon practices at Robinson & Epling, PSC in Lexington in the area of medical malpractice. He received his JD from the University of Kentucky in 1997.

U of L, Brandeis School of Law Award Recipient Named

Kathi McKeown — Tue, 12 Mar 2013 16:31:37 GMT

KDC would like to congratulate University of Louisville Brandeis School of Law student, Lacey Gullett, on being named the recipient of KDC's $500 award given to the student at each Kentucky law school who receives the highest grade in torts. Ms. Gullett will receive her award at a reception and ceremony being held on Friday, April 12, 2013. KDC wishes Ms. Gullett the best as she continues on in her legal career.

Defense Verdict (Christian County)

Kathi McKeown — Thu, 07 Mar 2013 16:36:15 GMT

G. Todd Hoffpauir and KDC member Chad M. Sizemore of Montgomery, Rennie & Jonson in Cincinnati, Ohio, secured a verdict for defendants truck driver and trucking company in a personal injury action tried to a jury in Christian County Circuit Court between February 21, 2013 and February 28, 2013. For a summary of this case, go to Members Only/Defense Verdicts and select "auto" or "pre-existing condition".

Defense Verdict (Perry County)

Kathi McKeown — Wed, 06 Mar 2013 14:17:19 GMT

Congratulations to KDC member, Jeffrey Taylor of Landrum & Shouse, Lexington on another defense verdict. For a summary of the auto accident case, please go to the Members Only Section.

Welcome -- David Trevey

Kathi McKeown — Wed, 06 Mar 2013 14:14:48 GMT

KDC welcomes its newest member, David Andrew Trevey of Fulkerson, Kinkel & Marrs PLLC, Lexington. Mr. Trevey is a University of Kentucky Law School graduate and has been practicing for eight years. His areas of practice include medical malpractice and professional liability. He is a member of DRI.

YLS Committee Meeting

Kathi McKeown — Thu, 21 Feb 2013 15:36:07 GMT

The YLS Committee met on January 24 to discuss their goals for 2013 and beyond. Stephanie Wurdock, Christy Hajjar and Tia Combs have agreed to head up the 2013 YLS Seminar on November 7th at Marriott Griffin Gate. Several topics were discussed and are being followed up on. The next meeting will take place in September 2013 to finalize plans for the November 7 YLS Seminar.

Melissa F. Calabrese Named Secretary-Treasurer of Kentucky Defense Counsel, Inc.

Kathi McKeown — Sat, 25 Feb 2012 07:16:57 GMT

Melissa F. Calabrese has been named as the new Secretary-Treasurer of Kentucky Defense Counsel, Inc. She replaces Casey Stansbury, who has moved into the newly created position of Vice President of Kentucky Defense Counsel, Inc.