Other Areas of Practice
BUSINESS & COMMERCIAL LITIGATION DEFENSE
Injunction in non-compete case. TMS represented a transportation business in a case against a former sales employee involving an agreement with non-competition and non-solicitation provisions. TMS successfully obtained an injunction against the employee on the grounds that the employee's work for a competitor violated the employment agreement.
Lender liability settlement. TMS represented a business borrower against a Lender bank in a case alleging numerous business torts arising out of non-renewal of a loan. TMS successful defeated the bank dismissal motions, and a favorable settlement followed.
Breach of contract settlement. TMS obtained a settlement in a case involving a complex contract between a business in Lancaster, Kentucky, and an engineering firm for production of a custom-made industrial press product.
Lender liability court verdict. TMS obtained judgment in Jefferson County against a debtor who subsequently attempted to avoid the debt by declaring bankruptcy in federal court in Indiana. TMS prevailed in a bench trial, establishing that the judgment was based upon claims involving fraudulent conduct that could not be discharged in bankruptcy. The debt was subsequently fully collected.
Release of mechanics liens. Subcontractors filed numerous mechanics liens against the owner of an expensive new home under construction after the general contractor failed to pay the subcontractors and declared bankruptcy. TMS successfully obtained judicial release of all mechanics liens, avoiding substantial loss to the innocent homeowner.
Judgment against construction contractor. TMS represented a construction subcontractor against a non-paying general contractor following job completion. TMS obtained a judgment and was able to pierce the corporate veil to collect judgment from the owner of the general contractor company.
Summary judgment in insurance policy dispute. This case was filed in federal court in Louisville by a business insurer claiming that a CGL policy issued to the business did not cover litigation involving trade dress of a pizza. TMS obtained summary judgment on behalf of the pizza business on the grounds that the policy covered advertising injury arising out of alleged trade dress infringement.
CIVIL LITIGATION DEFENSE
In a case of first impression in Kentucky, obtained summary judgment for national rental car company on basis of federal preemption, after plaintiff alleged that rental car company was vicariously liable for injuries caused by lease driver of vehicle.
Obtained favorable settlement for underinsured motorist carrier in case involving alleged permanent disability following collision.
PREMISES LIABILITY DEFENSE
Nursing home summary judgment. TMS obtained summary judgment in Jefferson County in a premises liability case against a nursing home. TMS successfully argued that a fall was the result of natural outdoor hazard.
Illinois summary judgment for mall retailer. Plaintiff filed a wrongful death case in Chicago, alleging that the decedent was killed during HVAC repair work for a major retailer at a mall. TMS obtained summary judgment on the grounds that the accident occurred in a common area under the control of the mall owner.
Defense verdict in chemical explosion case. Plaintiff sued a major Fortune 10 company in Jefferson County, alleging that negligent supervision following a chemical explosion caused severe lung damage with a terminal prognosis. TMS obtained a defense verdict.
PHYSICIAN ADMINISTRATIVE DEFENSE
Successfully represented physician in challenge of insurance company's decision to terminate physician's membership in insurance company's Medicare program.
EMPLOYMENT LITIGATION DEFENSE
Summary judgment on wrongful termination claim. TMS defended a major pharmaceutical manufacturer in federal court in Louisville in a case filed by a former sales representative, who alleged wrongful termination, gender discrimination, outrage, and other employment-related claims. TMS obtained a summary judgment on all claims.
Dismissal of race discrimination claim. This case was filed in Louisville against a physician group. Plaintiff, a former employee, alleged that she was terminated on the basis of race. TMS obtained a dismissal of all claims.
LEGAL MALPRACTICE DEFENSE
Obtained summary judgment for law firm client on statute of limitations grounds, after case was transferred to firm following three years of litigation by another firm. Allegations included negligence, fraud, conversion of property, and breach of fiduciary duty.