Litigation
Trial Work
We pride ourselves on our deep, talented roster of experienced trial attorneys. We’ve taken cases to verdict in state and federal court, including trials in 21 states. These trials have involved serial product liability, single-incident loss, professional malpractice, securities and RICO violations, trade secrets, breach of contract and breach of fiduciary duties, just to name a few.
Our clients range from Fortune 500 conglomerates to “mom and pop” operations involved in “bet the company” litigation. Regardless of the industry, locale, opposing attorneys or complexity of issues, we have the experience and foresight to know which legal strategies are apt to result in a meaningful win. We work diligently throughout the life of the case to protect our clients’ assets, helping them save millions of dollars by deflecting claims and forestalling future liability.
Practice Group Leader
Louisville, KY
Member
Indianapolis, IN
Member
Indianapolis, IN
Member
Indianapolis, IN
Trial Highlights by Sector
- Defend numerous international automobile and motorcycle manufacturers in product liability and personal injury claims.
- Serve as national counsel for manufacturers of safety restraint systems in product liability actions.
- Serve as national coordinating trial counsel for a major automotive manufacturer in fatality and rollover cases.
- Served as the Defense Liaison for all defendants in the Ford-Firestone multi-district litigation based in Indianapolis, IN.
- Successfully defended NASCAR in an antitrust case filed by Kentucky Speedway LLC, relating to NASCAR’s refusal to award Kentucky Speedway an event in NASCAR’s most popular series, the NEXTEL Cup Series. NASCAR obtained summary judgment on all claims.
- Obtained a gross judgment in excess of $128 million on behalf of eight members of the Burley Tobacco Growers Cooperative Association (BTGCA). We successfully argued that the court should establish a common fund for the benefit of approximately 198,000 BTGCA members and that our clients who filed the suit should receive incentive payments for their active and extensive participation in the litigation.
- Obtained a summary judgment for several large healthcare entities and individuals defending federal and state antitrust claims of monopolization, attempted monopolization, refusal to deal and exclusive dealing as well as state law claims for tortious interference with contracts and tortious interference with business relations.
- Secured dismissal of a purported class action brought by a large pension fund shareholder of a public utility seeking to block the company’s proposed merger with another large utility company headquartered in the southeast, which allowed the merger to proceed on schedule.
- Obtained summary judgment in a federal court in Miami, FL, on claims arising out of our client’s purchase of substantially all of the assets and air routes of a Miami-based air cargo and transportation company. Affirmed on appeal.
- Defend manufacturers in numerous drug and medical device serial litigation matters, including diet drugs and other pharmaceuticals, hip implants, insulin infusion pumps, latex gloves, bone screws, mechanical heart valves, cardiac stents and catheters.
- Serve as lead trial and national counsel representing a manufacturer of orthopedic products and instruments in multidistrict litigation.
- Defend pharmaceutical and medical device manufacturers in federal court product liability litigation, including requests for class certification.
- Currently serve as national counsel for fire litigation for CNH America LLC, a global manufacturer of construction and agricultural equipment.
- Defended numerous underground mine fire and explosion cases, including the Sago Mine in West Virginia.
- Defended numerous manufacturers of appliances and electronic devices against product-related claims for fire losses, property damage, and personal injuries.
- Defended manufacturers and distributors of propane delivery systems, MAPP gas cylinders, smoke detectors, boilers, furnaces, fans and electronic air cleaners.
- Defended manufacturers in major catastrophic loss cases including the Rhode Island Station Nightclub fire, Oklahoma City bombing, Ivel Natural Gas Pipeline explosion, Rexnord Industrial Plant explosion, Johnny Cash residential fire, San Juan Dupont Plaza Hotel fire and Happy Land Social Club fire.
- Obtained a jury trial verdict on behalf of Cincinnati Children’s Hospital in a multimillion-dollar case filed by a critical care physician against the hospital.
- Obtained jury trial verdict on behalf of Shelter Concepts in a sexual harassment and retaliation case filed by two former managers seeking more than $4 million in damages.
- Obtained a $4.4 million jury verdict against the Steelworkers for lockout-related damage.
- Engaged at the appellate level and successfully obtained a reversal at the Court of Appeals of a $2.6 million judgment against a Kentucky county on immunity and other issues stemming from a personal injury on a county-owned and operated golf course.
- Obtained defense verdicts on behalf of multi-national elevator manufacturer in multiple trials involving catastrophic injuries and deaths.
- Represented a Kentucky school district in a personal injury action arising out of the collapse of bleachers during a football game.
- Obtained defense verdict in death and leg amputation matter in Owsley County, Kentucky where Plaintiff sought $61 million in damages.
Connected to the Industries We Serve
To stay current on issues affecting our clients, we are active members of local, regional and national industry and bar associations, including:
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