MGM represented the unsecured creditors committee of one of the sister companies that was a joint debtor in this case. This case concerned whether MGM’s client was liable for the environmental reclamation obligations of its sister company based on state law derivative liability or federal law substantive consolidation. The U.S....
Thomas W. Miller, attorney at Miller, Griffin & Marks, PSC, was appointed by Governor Steve Beshear as Special Justice to the Kentucky Supreme Court for this case that addressed appellate jurisdiction issues in a wrongful death action. Appellate jurisdiction/ co-administrators/ fair notice of the appeal/ failure to name proper party...
Property owners in Fayette and Clark Counties in Kentucky learned of an effort to “nominate” their property to be listed on the National Historic Registry run by the National Park Service. The properties involved totaled well over 10,000 acres and would be designated as a National Historic District. Several property owners...
Adjacent landowner sought to enforce deed restrictions against current property owner to prohibit the sale of used cars and repair of trucks on the premises. Current property owner planned to build a new car dealership on the site with the obvious related business of sale of used cars and truck...
Veterinarian was charged with possession of sealed alpha cobratoxin vials and carbidopa/levodopa tablets at Keeneland training facility. The Stewards suspended the vet for four years for possession of cobratoxin and one year for carbidopa/levodopa, to run consecutively. The Franklin Circuit Court reversed carbidopa/levodopa suspension, finding that it was not based...
Blue Skies Racing Stable, LLC appealed a judgment of the Fayette Circuit Court dismissing appellee, O’Sullivan Farms, LLC from its declaratory action. The Court of Appeals reversed and remanded. The controversy centered over who was entitled to ownership of a thoroughbred stallion named LIMEHOUSE. Blue Skies contended that it had...
What began as a landlord/tenant case with the landlord enforcing the terms of a residential lease that contained an early termination liquidated damage charge, ended up in bankruptcy court. The initial claim was that a few thousand dollars were owed because the tenant ‘walked out’ before the end of the...
In a declaratory judgment action, business owning bar sought recovery of its costs from its general liability carrier of its defense in litigation in which it was successful in obtaining summary judgment. Insurance carrier had not only denied coverage but also denied a duty to defend. The denial of defense...
A disbarred attorney sought to recover fees from another attorneys after both had been disbarred and with no evidence the suing attorney had provided any legal services on any of the cases or for any of the clients when he produced no records to support his claims or even identify...