Experience
Dinsmore Obtains Summary Judgment for Horse Registry Association
Client: Horse Registry Non-Profit Association
A horse registry association was sued by one of its members related to the proper registration of a horse. After 18 months of litigation, Dinsmore obtained summary judgment and a six-figure attorneys’ fee award for its client association.
Dinsmore Obtains Dismissal for Prominent Show Jumper Trainer
Client: Prominent Show Jumper Trainer
A well-respected horse trainer in south Florida sold a sport horse. The buyer claimed the horse had an undisclosed condition resulting in the failure to perform for the intended use. After minimal discovery and motion practice, Dinsmore obtained dismissal of the lawsuit for its client.
Defects Found in Horse Show Footing
Client: Nationally Known Horse Show Facility
Litigation counsel for licensed competition after defects were found in newly installed horse show footing. After filing suit and establishing defects in the construction through documentary evidence and expert testimony, the matter was settled favorably for Dinsmore’s client.
Breach of Contract and Tort Claims Against Insurance Benefits Company
An insurance benefits company acquired the assets of another company operating as third-party administrator. Shortly after acquisition, the third-party administrator was sued, along with the insurance benefits company for various breach of contract and tort claims. The matters at issue include successor liability, enforceability of arbitration clause and indemnification and indemnity claims.
Alleged Violations of Fair Debt Credit Protection Act
We represented a debt purchaser when a consumer brought a class action counterclaim against the client for alleged violations of the FDCPA and Kentucky usury laws. The consumer argued that the National Bank Act did not preempt Kentucky usury laws and that the Dodd-Frank Act no longer allowed federal preemption to assignees. Summary Judgment was granted to debt buyer.
Allegations of Breach of Insurance Contract and Bad Faith
We represented a company in a matter where the insurance company refused to defend or indemnify our client in a third-party law-suit arising out of our client’s business operations. We brought claims in federal court for breach of insurance contract and bad faith. The case was resolved prior to mediation for all possible damages awardable under the insurance contract, including attorneys’ fee, costs and interest.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit for $300,000 against our client, the general contractor, for defects in Plaintiff's home. The claim went through three days of arbitration, settling favorably for the client after a minimal verdict was rendered.
Anonymous Plaintiff v. General Contractor
Plaintiff filed suit for $1,000,000 against our client, the general contractor, for defects in Plaintiff's home. The claim went through a week-long arbitration, settling favorably for the client before a verdict was rendered.
Anonymous Plaintiff v. Cereal Manufacturer
We represented the Defendant's insurer in a suit for $10,000 against a cereal manufacturer for Plaintiff's broken tooth due to an alleged foreign object in the cereal. The case was settled prior to mediation.
Lender Liability in a Commercial Foreclosure
A routine commercial foreclosure resulted in lender liability claims against the bank. Representing the bank, the case was settled on terms favorable to our client.
Resource Sales, Inc., Allied Resources, Inc., Cochise Coal Co., Inc. and SMCC, Inc. v. Louisville Gas & Electric Co. and Kentucky Utilities Co.; Resource Sales, Inc., Allied Resources, Inc., Cochise Coal Co., Inc. and SMCC, Inc. v. Western Kentucky Energy
These companion cases concern disputes over two coal supply agreements. The coal producer declared force majeure and shut down one of its coal mines, thereby reducing (and ultimately stopping) all coal deliveries to our utility clients. Thereafter, our clients had to purchase coal at significantly higher prices than under the agreements, leading to approximately $50 million in damages our utility clients now seek to recoup. The cases seek a declaratory judgment as well as breach of contract claims.
Insurance Coverage Dispute Involving Allegations of Bad Faith, Breach of Contract
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay disability benefits under an occupational accident insurance policy. The case was removed to federal court and the matter was resolved at mediation.
Allegations of Breach of Insurance Contract
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of insurance company’s decision not to pay benefits under an occupational accident insurance policy. The case was removed to federal court and summary judgment was granted in favor of the insurance company.
Insurance Coverage Dispute Involving Allegations of Bad Faith
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay death benefits under an occupational accident insurance policy. The case was removed to federal court and summary judgment was granted in favor of the insurance company.
Anonymous Plaintiff v. General Contractor
Plaintiff filed a $300,000 suit against our client, the general contractor, for defects in Plaintiff's home. The claim went through arbitration, settling favorably for the client after a minimal verdict was rendered.
Anonymous Plaintiff v. Plastics Manufacturer
Plaintiff sued our client, a plastics manufacturer, for personal injury and product liability when a chair manufactured by the client broke. The case was settled at mediation.
Homeowner v. General Contractor and Siding Manufacturer
We represented the Plaintiff homeowner in a suit for $200,000 against the general contractor and siding manufacturer for damages to the client's home. The case was settled at mediation.
Anonymous Plaintiffs v. Window Manufacturer
Plaintiffs sued our client, a window manufacturer, for $75,000 for allegedly defective windows. The case was settled.
Rochester Midland Corporation v. Peter J. Castellano
Plaintiff sued our client, a former employee, seeking injunctive relief and damages of $1,000,000 for alleged breach of non-compete restrictive covenants in the employment agreement. Plaintiff's request for injunctive relief was denied and plaintiff's claims were dismissed.
Hotel Owners v. Painting Subcontractor
Plaintiff hotel owners filed a $300,000 suit against our client, a painting and moisture proofing subcontractor, and against the coating manufacturer for moisture damage to the hotel. The claim settled favorably for the client after mediation and before trial.
Cable Television Company v. Owner of Nursing Home
A cable television company sued our client, the owner of a nursing home, for $500,000 for utilizing the cable company's interior wiring for the nursing home's own use. The parties settled after protracted litigation.
Anonymous Plaintiffs v. Securities Company
Our firm represented the Plaintiffs in two separate suits for fraud, each in the amount of $1,000,000, against a securities company related to investment in a start-up company. Both cases were settled favorably prior to arbitration.
Anonymous Plaintiffs v. Window Manufacturer
Plaintiffs filed a $200,000 suit against the general contractor, who in turn filed suit against our client, a window manufacturer, for alleged defects in the windows. The case was settled after mediation.
Industrial Contractor v. Various Subcontractor Defendants
Our client, an industrial contractor and supplier, sued the subcontractor for non-payment of $75,000. The case was settled before litigation was filed.
Serial Litigation Involving EIFS
Our firm acted as National Coordinating Counsel and handled serial product liability construction litigation throughout the country totaling $100 million involving EIFS exterior cladding. We were retained to represent dozens of clients in the construction industry in over 500 EIFS litigation cases, all of which proceeded through mediation, arbitration, trial or appeal.
Allegations of Breach of Insurance Contract and Bad Faith
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay benefits under an automobile accident insurance policy. The case was removed to federal court and eventually settled at mediation.
Anonymous Plaintiff v. Insurance Company
Plaintiff filed a class action lawsuit against our client, an insurance company, seeking coverage in excess of $75,000 for moisture intrusion damage due to defects in Plaintiff's home. The case was removed to Federal court, was never certified as a class action and was eventually dismissed.
Anonymous Plaintiff v. Owners of Nursing Home
The Plaintff sued our client, the owner of a nursing home, for $100,000 for negligence related to a slip and fall. The claim was dismissed on summary judgment.
Anonymous Plaintiff v. Smoke Alarm Manufacturer
Plaintiff filed suit against our client, a smoke alarm manufacturer, seeking $1 million for the wrongful death of a university student killed in an off-campus apartment fire. Plaintiff ultimately dismissed the suit with prejudice and no settlement payment was made.
Regional Gas & Electric Company v. Turbine Manufacturer
Our client, a turbine manufacturer, contracted with a regional gas & electric company for the sale, construction, and installation of a turbine generator and associated equipment for use at one of its power stations. The gas & electric company filed a suit seeking in excess of $1 million, alleging that during installation, our client failed to properly install the generator and that the generator suffered substantial damage when certain parts broke. Plaintiff asserted claims for negligence and breach of contract. We obtained summary judgment for the Defendant, arguing the contract and the economic loss rule precluded all of Plaintiff's claims. The Sixth Circuit Court of Appeal upheld summary judgment.
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