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Attorneys » Don A. Pisacano

Don A. Pisacano

Don A. Pisacano joined the firm in 2006. Don is a 1990 graduate of the University of Kentucky College of Law and concentrates his practice in the areas of civil litigation, with an emphasis on personal injury, tort litigation, insurance defense, and commercial litigation. Don leads the MGM Insurance Defense team and he has represented a dozen national insurers over the entire Commonwealth of Kentucky in his 25 years of practice. His representative matters include defense of personal injury lawsuits, extracontractual (”bad faith”) claims, defense of homeowners’ claims and coverage issues (including fraud and misrepresentation, windstorm, hail, roofing, arson, building and design defects, vandalism, gas explosions), forklift and tractor injuries, subsidence, mortgage/foreclosure, cattle losses and premises liability claims. He has an AV rating (Preeminent) by the Martindale-Hubbell Lawyer Review Service.

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Goodlett v. Danville Eye Center, PLLC, et al., Boyle Circuit Court, 14-CI-314, May 14, 2015

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(Creech III) Charles T. Creech, Inc. v. Brown and Standlee, 433 S.W.2d 345 (Ky. 2014) (2012-SC-651-DG)

Company sued former employee and his new employer to enforce a noncompete. After granting an injunction for the Company, then dissolving the injunction under CR 65 relief by the Court of Appeals, then dismissal of all the claims on remand, then another appeal on the merits to the Court of Appeals in which the Court of Appeals remanded the case but limited damages and provided a new “test” for enforceability of noncompetes, Company moved for discretionary review which was granted by the Supreme Court. The Supreme Court then used the case as a first review by the high court to consider noncompetes and held that 50+ years of law in Kentucky providing that continued employment is adequate consideration to enforce a noncompete is no longer applicable. They held that the noncompete in issue was unenforceable due to lack of consideration while also holding that the “blue pencil” doctrine is not available in Kentucky.

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Brunswick Bowling & Billiards v. Ng-Cadlaon 2010-CA-1844 (Boyd Circuit Court November 4, 2011)

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(Creech II) Charles T. Creech, Inc. v. Brown and Standlee, (2011-CA-629)

Company sued former employee and his new employer to enforce a noncompete executed by employee of many years. Following the granting of the injunction by the trial court and then the Court of Appeals dissolving the injunction under CR 65 relief, the trial court was to addressed the merits.  However, the trial court granted an immediate summary judgment dismissing the entire case based on the wording of the CR 65 Order from the Court of Appeals.  Company then appealed and on full review the Court of Appeals agreed that the Company’s claims should not have been dismissed but significantly limited its damage claim.

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January 1, 2011 Filed Under:   Litigation   Transactional Law   Employment Law

(Creech I) Charles T. Creech, Inc. v. Brown and Standlee, Fayette Circuit Court, 09-CI-779, 2009-CA-985 July 8, 2009)

Company sued former employee and his new employer to enforce a noncompete executed by employee of many years. After several hearings the trial court granted injunctive relief and applied the “blue pencil” doctrine to insert a reasonable area limitation on the noncompete ruling that the former employee could not act in violation of the contract. Former employee and his new employer then pursued emergency relief at the Court of Appeals under CR 65.  The Court of Appeals dissolved the injunction on the emergency appeal and then the supreme court declined review. The case was then remanded to the trial court to address the merits of the case without any injunctive relief being in place.

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July 8, 2009 Filed Under:   Litigation   Transactional Law   Employment Law

Crawford v. Lexington-Fayette Urban County Government (2008 WL 2885230 (E.D.Ky.))

Justin Crawford, a Sergeant in the Custody Bureau at the Fayette County Detention Center, came to Miller, Griffin & Marks with a complaint: the Detention Center administrators routinely refused to allow officers to take legally required meal and rest breaks, were not fairly compensating them for the true number of hours worked, and were retaliating against the few employees who dared to speak out. In a work environment which requires daily contact with dangerous individuals, the employees’ inability to enjoy meaningful meal and rest breaks away from inmates, alarms and other work responsibilities was particularly troublesome. Sergeant Crawford explained that many other employees had the same complaints, but were afraid of the consequences of publicizing their views. Thereafter, seven other Detention Center officers agreed to join him as lead plaintiffs in a class collective action originally filed in the Fayette Circuit Court, but ultimately resolved in the United States District Court for the Eastern District of Kentucky. Sergeant Crawford was eventually joined by 316 other current and former Detention Center employees, all of whom alleged that the LFUCG had failed to comply with federal and state wage and hour laws. After more than two years of intense litigation, which included the taking and defending of almost one hundred depositions and extensive motion practice before the Court, Miller, Griffin & Marks was able to negotiate a fair settlement on behalf of the class. The Detention Center plaintiffs were finally paid the wages to which they were entitled. Even more importantly, the settlement included provisions to protect and benefit all Detention Center employees, present and future. The employees were assured of sufficient time in which to eat their meals, and an accurate method of reporting hours worked. Miller, Griffin & Marks is proud to have represented the Detention Center employees who serve our community, and remains committed to the values underlying the Fair Labor Standards Act.

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January 1, 2008 Filed Under:   Litigation   Employment Law