Experience
Breach of Fiduciary Duties Relating to Large Revocable Trust
We defended a national financial services firm against allegations of breach of fiduciary duty relating to a large revocable trust that became irrevocable at the grantor’s death. Our client served as the corporate trustee for the trust. The co-defendant was an individual co-trustee who had power of attorney for the disabled grantor during her lifetime and was her nephew. The suit was brought by the deceased grantor’s daughter and granddaughter, alleging breach of fiduciary duty relating to the grantor’s disability and competency to make testamentary dispositions – which were in favor of the nephew and other members of his family. We have taken or attended more than 20 depositions, filed motions to disqualify the plaintiff’s experts, and worked with our experts on the grantor’s disability and the fiduciary duties of the corporate co-trustee.
Metoclopramide Litigation
Lead Kentucky counsel in metoclopramide litigation from 2006 through present.
Oral Bisphosphonates (Fosamax) Litigation
We are currently serving as lead Kentucky counsel in oral bisphosphonates (Fosamax) litigation, which has arisen from allegations that the product causes osteonecrosis.
Product Liability Litigation
The Kentucky Supreme Court in a unanimous opinion held that the doctrine of equitable estoppel did not bar a product manufacturer’s statute of limitations defense because of the manufacturer’s alleged concealment of product defects from governmental regulatory agencies. The Court also held that the discovery rule would not be extended to cases not involving latent injuries or illnesses, or professional malpractice.
Tax Litigation
Amicus representation in United States Court of Appeals for the Sixth Circuit concerning whether the IRS appropriately charged heavy truck excise taxes on heavy-truck chassis, when the vehicles were specially designed for off-highway use, even though they could be operated on highways.