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.
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...
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...
Hillyer purchased a new truck. About two years later he asserted claims against the selling dealership for breach of contract, breach of warranty, fraud and violations of the Consumer Protection Act. Hillyer did not initially name the manufacturer in the action because he had initiated his dispute against the manufacturer...
Defendant sought leave to file an amended counterclaim to assert several significant claims related to the prior sale of the business. The Court in a lengthy opinion and order granted leave to assert numerous additional claims, including conversion of the website and related data, breach of fiduciary duty, diversion of...
Employee work for over a decade for employer. At some point post-employment, employer requested a non-compete be executed by the employee. Some stock options were awarded as part of that agreement. Years later employer sought to down-size and terminated employee under a reduction in force. Employee sought out new employment...
Two individuals purchased a mostly-completed new house construction out of foreclosure. They finished the construction which involved items such as carpet and painting and not substantive construction work, and sold the house “as is”. Buyer subsequently discovered that the windows in the basement were not sufficient size to allow bedroom...
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...
Customer executed a personal guarantee of business obligations. Upon default, customer challenged the personal guarantee claiming it unenforceable under KRS 371.065. The trial court agreed and the Kentucky Court of Appeals affirmed opining that the guarantee was not attached to the note, did not refer to the specific note nor...