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.

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.

We defended an educational institution in a trial relating to an arbitration provision on the enrollment form. Four former students alleged they had been deceived into enrolling at the school through fraudulent and misleading statements regarding the transfer of credits and job opportunities. The enrollment form, which had been signed by all of the students, contained a provision that called for any dispute related to their enrollment to be handled through arbitration. The students alleged that they were unaware of the arbitration provision and filed suit. After a week-long trial, judgment was awarded to the client on all counts.

We represented several individual investors of a software development company in a complicated dispute with the software company. We successfully defended claims against the investors by the software company alleging, among other claims, that our clients had tortiously interfered with the company’s business. The court granted our motion to dismiss the claims asserted against our clients. We also prevailed on a related action for our clients where we enforced the clients’ security interest in software developed by the software company. As a result of prevailing in that litigation, the software company assigned all of the rights and interests in the software to our client. After our clients obtained the software, we were able to navigate the clients through a complicated international sale of the software, which produced a very beneficial result for our clients.

We represented an insurance liquidator who alleged that the auditor defendant was negligent in auditing the financial statements for the insolvent insurance company and that the negligence caused damage to the company's estate.  This case involved complex concepts of insurance, accounting, and auditing. The discovery process included the depositions of over 25 witnesses, including 5 expert witnesses. On the first day of trial, the defendant settled for a multi-million dollar sum. During the case, Dinsmore & Shohl prevailed on nearly every motion. Significantly, the trial court allowed Dinsmore's litigation team to pursue damages against the defendant based upon a deepening of the insolvency theory.

I defended an individual against a claim for automobile liability in the amount of $150,000.  The case resulted in a zero verdict.

Defended insurance company in multi-million dollar coverage action brought in state court in New Brunswick, N.J. by manufacturing company seeking to recover cleanup costs associated with environmental sites around the country. Among others, the suit included issues of choice of law, trigger of coverage, and allocation. The claims against the client were settled through mediation.

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.

I represented the Defendant, a small business owner, in a landlord tenant / property damage suit seeking $450,000.  Plaintiff's lowest settlement demand was $150,000 made just prior to the jury being seated.  Our pretrial settlement offer was $7,500.  The total judgment awarded was $4,500.

We serve as national coordinating counsel for Debt Purchaser in the appropriate handling of consumer debt collection and the defense of FDCPA and related litigation, including class action litigation. We manage local counsel and coordinate all aspects of litigation.

Our firm represented a large national coal company in its claims for breach of contract, fraud, misrepresentation and tortious interference with contract involving multiple coal contracts and assignments of contract for coal for a power company's North Carolina generating station. A settlement was ultimately reached.

I am experienced in handling such matters individually as well as the chairman of multi-member panels hearing and deciding private arbitrations involving large publicly traded land holding and operating companies to smaller privately held companies addressing disputes over coal reserves, leases, contract mining agreements, and sales agreements, with amounts at stake ranging from less than $1 million to in excess of $100 million.  I am also experienced in handling other, non-coal related, commercial disputes as a former American Arbitration Association commercial panel member.

Defended manufacturer against product liability claims, resulting in defense verdict at trial affirmed on appeal. Defended premises liability case, obtaining summary judgment affirmed by the Kentucky Supreme Court.