Appellate Counsel in FELA Action

Successfully litigated appeal in FELA action, protecting defense verdict at trial. Appeal involved numerous evidentiary issues, including regarding proper scope, subject, and admissibility of fact witness and expert testimony.

Rossi v. CSX Transp., Inc., __ S.W.3d __, 2010 Ky. App. LEXIS 233, 2010 WL 5128637 (Ky. App. 2010). Click HERE to view the decision.

Appellate Counsel to Kentucky Bankers Association on Issue of State Agency’s Statutory and Regulatory Authority

Represented nominal party on behalf of interests of Kentucky Bankers Association before Kentucky Supreme Court regarding scope of authority of Kentucky Department of Financial Institutions to grant geographic charters to state credit unions.

Members Choice Credit Union v. Home Federal Savings & Loan Association, 323 S.W.3d 658 (Ky. 2010). Click HERE to view the decision.

Defense of Asbestos Litigation for Past 17 Years

Defend all lawsuits filed against Metropolitan Life Insurance Company in Kentucky based upon its alleged fraudulent concealment of the harmful effects of asbestos in the 1920s and 1930s. Have settled and dismissed hundreds of Kentucky lawsuits filed since the inception of litigation against Metropolitan Life in Kentucky in early 1990s.

Defense of Toxic Tort Lawsuits

Worked on defense team of Fortune 300 company in toxic tort cases of national importance regarding eastern Kentucky Superfund site. Wrote briefs leadings to complete dismissals and establishing significant defense precedents in federal cases regarding the statute of limitations, discovery rule, and enforceability and interpretation of terms of releases in toxic tort actions.

Blanton v. Cooper Industries, Inc., 99 F.Supp.2d 797 (E.D. Ky. 2000). Click HERE to view the decision.
Luttrell v. Cooper Industries, Inc., 60 F.Supp.2d 629 (E.D. Ky. 1998). Click HERE to view the decision.

Secured Final Dismissal in Lawsuits Against Former Kentucky Commissioners of Insurance

Defended four former officers of the Liquidation of Kentucky Central Life Insurance Company, including three former Kentucky Commissioners of Insurance, in lawsuits filed against them personally seeking punitive damages for breach of fiduciary duty and wrongful use of civil proceedings. Secured rulings of final dismissal as matter of law in two suits and dismissal without payment in others.

Successfully Defended Client in Wrongful Death Case

Client: Subsidiary of an automobile company

We and co-counsel represented our client, a subsidiary of an automobile company, in the wrongful death case brought by a mechanic’s family. The mechanic had worked in one of our client’s dealerships for one to two years in 1965-1966 and worked on our client’s brakes and clutches. The family claimed the mechanic was exposed to asbestos from these products, which caused his pleural malignant mesothelioma, and our client should have warned him that could happen. We argued and provided supporting evidence that our client didn’t know at the time that any health hazards were associated with the mechanic’s work with such friction materials, and that any asbestos emitted from those materials did not cause the mechanic’s mesothelioma. The jury returned a defense verdict that our client was not liable.

Wrongful Death Lawsuit Involving Federal Motor Carrier

Client: Federal Motor Carrier

We defended a federal motor carrier whose driver was accused of striking vehicle on interstate and leaving it disabled in the roadway. The driver was accused of hit-and-run, negligently operating the truck, and failing to render aide at the scene. The motor carrier was also accused of negligent hiring, retention, training, and supervision. We negotiated a favorable settlement for our client following two weeks of trial, just before closing arguments.

Interim General Counsel for State Fair Board

Tanner was appointed interim general counsel for the Kentucky State Fair Board and its associated Kentucky Venues in 2019. His duties included overseeing all legal operations for the Kentucky venues properties, and handling all connected legal issues.

Successfully Defended Bank against Claims of Breach of Fiduciary Duty

Client: Large Regional Bank

We represented our client, a large regional bank, following a claim of breach of fiduciary duty in connection with a large family trust. We successfully had those claims dismissed through a dispositive motion, a decision which was unanimously upheld on appeal.

Asset Sale

Represented a software development company in the sale of business in order to settle litigation between hostile shareholders.

Medical Device Product Liability Litigation

Defending multiple product liability cases involving joint replacement products.

OxyContin Litigation

Defense of Purdue Pharma, LP in multiple state court cases involving product liability claims based on the marketing of the prescription pain relief medication Oxycontin. In the course of that defense, we successfully obtained one of the first judgments in favor of the company based upon the defense of misuse of the product. We also obtained the dismissal of a significant number of individual claims, and negotiated a resolution of one of the first actions instituted by a state attorney general against the company.

Successfully Defended Private High School in Lawsuit

Client: A High School

We successfully defended our client, a private high school, in a lawsuit challenging the principal’s decision to withdraw a student for a disciplinary infraction. The student and his family sued the school, claiming breach of contract and discrimination, and sought an injunction overturning the principal’s decision and reinstating the student. We worked in a two week span to brief the injunction request, accomplish all necessary discovery and depositions, and prepare the case for trial. After the plaintiffs presented their case, we moved for involuntary dismissal under Rule 41, arguing they had failed to meet the burden of proof required. The court agreed, and in a written decision denied plaintiffs’ motion for injunction, dismissed the injunction claim altogether, and entered complete judgment in our client’s favor on that count.  Plaintiffs then agreed to resolve the remaining damages claims for nonmonetary consideration.

Arbitration of Environmental Liability Dispute

Client: Energy Company

Represented client in series of private arbitrations involving environmental liabilities arising from property exchanges. Conducted arbitration to determine scope of contractual liability, prevailed in 21 of 22 arbitrations allocating responsibility for specific properties, and the parties then reached a confidential settlement.

Coordinated Corporate Control Disputes

Client: Senior Management and Shareholders

Represented officers, directors and shareholders of companies based in Hong Komg in corporate control disputes in California state courts and provided advice regarding related litigation in Hong Kong. Defeated preliminary injunction motion, coordinated California cases and then reached global settlement on confidential terms.

Defense of Data Analytics Company in Class Action

Client: Data Analytics Company

Defended data analytics provider in coordinated class actions alleging violations of the Video Privacy Protection Act. Case against client stayed pending resolution of related action.

Defense of Departing Employees in Trade Secrets Dispute

Client: Investment Banking Group

Defended group of investment bankers in trade secrets case filed by former employer. Defeated preliminary injunction motion and the case then settled on confidential terms.

Defense of Energy Client in Coordinated Antitrust Class Actions

Client: Energy Client

Defended energy client in coordinated class actions alleging wage-fixing arising from participation in salary surveys. Defeated class certification.

Defense of Hospital in Antitrust Class Action

Client: Hospital

Defended hospital in class action alleging state antitrust law violations arising from participation in salary survey. Obtained summary judgment and case then settled while on appeal.

Defense of Investment Advisor in Securities Fraud, Negligence Cases

Client: Investment Advisor

Defended investment advisor in related cases alleging securities law violations and professional negligence. Narrowed issues through motion to dismiss in lead case and all cases then settled on confidential terms.

Defense of Investment Bank in Entertainment Industry M&A Dispute

Client: Investment Bank

Defended investment bank in cases filed by an acquiring company and a lender seeking $1.5 billion in damages for alleged professional negligence in connection with the preparation of a solvency opinion related to a film studio acquisition. Obtained summary judgment in lender’s case and parties then agreed to settlement on confidential terms.

Defense of Pharmaceutical Manufacturer in Antitrust Class Action

Client: Pharmaceutical Manufacturer

Defended pharmaceutical manufacturer in class action alleging antitrust violations under California law based on alleged sham patent litigation and reverse settlement payments. Motion to dismiss with prejudice granted.

Defense of Securities Fraud, Ponzi Scheme Cases

Client: Investment Advisory Firm Executive

Defended CEO of investment advisory firm in cases alleging securities law violations and fraud filed by the SEC, the CFTC and institutional investors. We reached a confidential settlement with the federal agencies and a Receiver appointed by them and the institutional investors then dismissed their cases against the client.

Defense of Video Game Developer in Data Breach Class Action

Client: Video Game Developer

Defended video game developer in class action alleging data breach. After a successful motion to transfer, the case settled on confidential terms.

Merger Clearance

Client: Energy Client

Represented energy client before the FTC in connection with the sale of a subsidiary. Responded to Second Request and negotiated asset divestiture to obtain clearance.

Pursuit of Trade Secrets Claims Against Former Employees and Competitor

Client: Engineering Firm

Pursued trade secrets case on behalf of engineering firm against departing employees and competitor. Obtained preliminary injunction preventing use of trade secrets by the competitor and case then settled on confidential terms.

Thwarted Union Attempt to Enjoin Sale of Refinery

Client: Energy Client

Defended energy client in case filed by union to enjoin sale of refinery under federal labor law. Obtained summary judgment, affirmed on appeal.

Trial of Breach of Contract Dispute

Client: Advertising Agency

Defended advertising agency in breach of contract case. Obtained defense verdict after a two-week jury trial.

Trial of Oil and Gas Joint Venture Dispute

Client: Energy Client

Defended energy client in case seeking $6 billion in damages for alleged breach of contract, breach of fiduciary duty and negligence. Obtained defense judgment after a three-month bench trial.

Trial of Oil and Gas Lease Dispute

Client: Energy Client

Defended energy client in case seeking $200 million in damages for alleged interference with interest in a joint venture. Obtained defense judgment after a four-week bench trial.