Published Cases

United States Court Of Appeals

Worldwide Equipment, Inc. v. United States of America, 605 F.3d 319 (6th Cir. 2010) (We were asked by Mack Trucks, Inc. to file an amicus brief in the Sixth Circuit supporting the position of one of its distributors of heavy trucks specially designed for off-highway use in the coal mining industry The IRS claimed excise taxes of over 1.25 million dollars on the basis that the trucks could sometimes be operated on highways. The United States Court of Appeals for the Sixth Circuit, in a case of first impression, adopted Mack’s position that the test for taxability under the Internal Revenue Code’s excise tax provisions, 26 U.S.C. 4051(a) and the accompanying regulations, was the primary design of the vehicle—not the primary use. The off-highway exception was applied, and the Court ruled that no excise taxes were owed by Mack’s distributor.)

Interactive Digital Software Association v. St. Louis County, Missouri, 329 F.3d 954 (8th Cir. 2003) (amicus brief for Id Software, Inc.) (First Amendment applied to protect video game industry in a claim that video games have the potential to incite violent behavior)

James v. Meow Media, Inc., 300 F.3d 683 (6th Cir. 2002) (cert. denied, 2003) (negligence, strict liability, First Amendment applied to protect video game industry in a claim that video games incited violent behavior arising from the Paducah, Kentucky high school shootings) (briefed)

Morales v. American Honda Motor Co., Inc., 151 F.3d 500 (6th Cir. 1998) (Child dart-out case involving product liability claims of improper design and warnings—motor cycle)

Morales v. American Honda Motor Co., Inc., 71 F.3d 531 (6th Cir. 1995) (Child dart-out case involving product liability claims of improper design and warnings—motor cycle)

Barstow v. The Kroger Co., 730 F.2d 1058 (6th Cir. 1984) (negligence—retail store premises liability)

Brewer v. American National Insurance Co., 636 F.2d 150 (1980), retried, then appealed (6th Cir. slip opinion 1981) (defamation-qualified privilege rule applied to discussions about an employee within the corporate chain)

United States District Court 

Schurman v. Reed Elsevier, Inc., 2012 W.L. 2522430 (W.D. Ky. 2012) Motion to compel arbitration denied in internet domain dispute).

Sierra v. Morgan Stanley Trust N.A., et al, 784 F. Supp 2d774 (W.D. Ky. 2011) (Attorney not to be paid by Trust during pendency of action where there are allegations of mismanagement against Trustee, but can be awarded at conclusion of case if merited).

Smith v. Wyeth, Inc., 2008 WL 2677051 (W.D. Ky. 2008), 657 F.3d 420 (6th Cir. 2011), cert. denied, 132 S.Ct. 2103 (2012) (summary judgment in favor of original manufacturers and distributors of metoclopramide (Reglan) on theory that name brand manufacturer can not be held liable for injuries allegedly caused by generic manufacturers)

Wilson v. Wyeth, Inc., 2008 WL 2677049 (W.D. Ky. 2008), 657 F.3d 420 (6th Cir. 2011), cert. denied, 132 S.Ct. 2103 (2012) (summary judgment in favor of original manufacturers and distributors of metoclopramide (Reglan) on theory that name brand manufacturer can not be held liable for injuries allegedly caused by generic manufacturers)

Morris v. Wyeth, Inc., 2008 WL 2677048 (W.D. Ky. 2008), 657 F.3d 420 (6th Cir. 2011), cert. denied, 132 S.Ct. 2103 (2012) (summary judgment in favor of original manufacturers and distributors of metoclopramide (Reglan) on theory that name brand manufacturer can not be held liable for injuries allegedly caused by generic manufacturers) 

Smith v. Wyeth, Inc., 488 F. Supp. 2d 625 (W.D. Ky. 2007), (removal under federal diversity jurisdiction upheld with application of Kentucky Middleman Statute to nondiverse pharmacy defendants)

Kruse v. AFLAC, 458 F. Supp. 2d 375 (E.D. Ky. 2006) (dismissal of case brought by terminated independent contractor and enforcement of contractual arbitration clause)

Isaka Investments, Ltd. v. Xino Corp., 2006 WL 1980172 (W.D. Ky. 2006) (dismissing shareholder’s derivative action for lack of personal jurisdiction)

Adams v. Wyeth, 2004 WL 3103778 (E.D. Ky. 2004) (fraudulent joinder of physicians in pharmaceutical litigation)

Burns v. Wyeth, 352 F. Supp. 2d 773 (E.D. Ky. 2004) (finding of fraudulent joinder of pharmaceutical representative in diversity case)

In re Diet Drugs, 352 F.Supp.2d 533 (E.D.Pa. 2004) (product liability) 

James v. Meow Media, Inc., et al., 90 F.Supp. 2d 798 (W.D. Ky. 2000) (negligence, strict liability, Motion to dismiss granted and First Amendment applied to protect video game industry in a claim that video games incited violent behavior arising from the Paducah, Kentucky high school shootings)

McAnly v. Hub Frankel Co., et al., 77 F.Supp. 2d 810 (W.D. Ky. 1999), implicitly overruled in TRW, Inc. v. Andrews, 534 U.S. 19 (2001) (Fair Credit Reporting Act’s Statute of Limitation construed)

Grisham v. Wal-Mart Stores, Inc., 929 F.Supp. 1054 (E.D. Ky. 1996), aff’d 89 F.3d 833 (6th Cir. 1996) (negligence/foreseeability of criminal acts theories applied to protect retailer)

Stump v. Wal-Mart Stores, Inc., 946 F.Supp. 492 (E.D. Ky. 1996), aff’d 103 F.3d 131 (6th Cir. 1996) (negligence—retail store premises liability)

Kentucky Supreme Court

Fluke Corporation v. Lemaster, 306 S.W.3rd 55 (Ky. 2010) (equitable estoppel held not to bar product manufacturer’s statute of limitations defense because of manufacturer’s alleged concealment of product defects from government regulatory agencies; and discovery rule not extended to cases not involving latent injuries or illnesses, or professional malpractice)

Wood v. Wyeth-Ayerst Laboratories, 82 S.W.3rd 849 (Ky. 2002) (Kentucky Supreme Court unanimously held that medical monitoring class action not a cause of action in Kentucky in absence of demonstrable manifestation of injury)

Wal-Mart Stores, Inc. v. Benjamin L. Dickinson, Judge, Barren Circuit Court, 29 S.W. 3rd 796 (Ky. 2000) (writ of prohibition/attorney client privilege and work product doctrine applied to protect paralegals and to provide limitations on inspections of corporate offices)

Hawkins v. Sunmark Industries, Inc., 727 S.W.2d 397 (Ky. 1986) (reh. denied 1987) (negligence/fireman’s rule applied to protect property owner)

Reda Pump Company, a division of TRW, Inc. v. Finck, 713 S.W.2d 818 (Ky. 1986) (briefed only) (product liability on behalf of pump manufacturer/negligence of plaintiff as a defense )


Kentucky Court Of Appeals

Bailey v. Endeavor Energy Resources, LP, Case 2012CA001584 (Ky.App.2013), discretionary review denied (Ky. 2014) (affirming trial court summary judgment in favor of Endeavor in a claim for environmental destruction, nuisance and fraud).

Conley v. American Motors Corporation, 769 S.W.2d 75 (Ky. App. 1989) (discretionary review denied) (product liability on behalf of Jeep CJ-5 manufacturer/plaintiff’s negligence as a defense)

Haynes v. Mitch McConnell, personally and in his capacity as County Judge, 642 S.W.2d 902 (Ky. App. 1982) (defamation/expression of opinion applied to protect then-County Judge, now U.S. Senate Majority Leader)

American Interinsurance Exchange v. Norton, 631 S.W.2d 851 (Ky. App. 1982) (insurance coverage issue)