Miller, Griffin & Marks represents clients in litigation of all types, including commercial and equine disputes, as well as personal injury matters. We practice in both state and federal courts, both at the trial and appellate levels.
The Kentucky Supreme Court clarified that the corporate fiduciary duty statute defined the duties of a director when acting in his official capacity on behalf of the corporation, but did not displace fiduciary duties when he was acting in his individual capacity and not in a corporate one. Thus, common...
Resident of Atlanta shipped item back to Atlanta by UPS while in Texas. The package travelled through the UPS hub in Louisville, Kentucky. While processing through the hub, Louisville Metro police used a drug sniffing dog as part of a task force to “smell out” probable cause. Identifying the package...
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...