Attorneys Tom Miller and Mike Meuser are featured in Small Firm Practice magazine.
...- Filed Under: Corporate & Transactional, Litigation
A large Kentucky utility company sought to condemn tracts of land pursuant to the Eminent Domain Act of Kentucky to construct power lines between two of their power production facilities. After landowners in the area raised numerous objections the Public Service Commission (PSC) mandated that a public hearing be held....
- Filed Under: Corporate & Transactional, Litigation
A customer purchased a used SUV from a dealership and signed a disclaimer which stated that the vehicle was being sold in “as is” condition. The customer seemed satisfied with the SUV and did not make any attempt to contact previous owners or have it independently inspected. Not long after...
- Filed Under: Insurance Defense, Litigation
A passenger was tragically killed in a collision with another automobile. At the time of the accident the vehicle was allegedly uninsured and excluded by the family’s other auto insurance policies. MGM was retained by the family to challenge the insurance company’s application of exclusions to coverage and refusal to...
- Filed Under: Corporate & Transactional, Litigation
The Fayette County Housing Authority sought to condemn a privately-owned apartment complex under the Kentucky Eminent Domain Act to build a low-income housing building for the elderly. MGM successfully defended the suit in circuit court, defeating the government’s effort. The Housing Authority appealed. The Court of Appeals affirmed the trial...
- Filed Under: Corporate & Transactional, Litigation
After an estate dispute arose, one of the decedent’s natural daughters who was born out of wedlock sought to have her father’s paternity established. The decedent’s widow (the second wife) and her children denied the daughter’s claim and rights to the estate. The Court held the daughter was in fact...
- Filed Under: Equine, Litigation
The former purchaser of the “breeding rights” to Kentucky Derby winner REAL QUIET purchased his “racing qualities” in 2000. The 2000 agreement provided that the horse was sold “as is” and with no representation or warranties concerning the physical condition of the colt. The purchaser later sued the seller, trainer,...
- Filed Under: Family Law, Litigation
This case concerned whether the husband’s disability retirement benefits were marital or non-marital property. Reversing the lower courts and enunciating a new rule of law, the Kentucky Supreme Court agreed with the husband to find that courts are to classify disability benefits according to the nature of the wages they...
- Filed Under: Litigation
In a case of significance to the music industry, music artist, Toby Keith, was granted a federal nationwide injunction under the Lanham Trade-Mark Act against sellers of bootleg merchandise. Read more ›
...- Filed Under: Corporate & Transactional, Litigation
Huntington National Bank filed a foreclosure action against an automobile dealership after it defaulted on its mortgage payments. The bank sought to recover against the guarantor of a promissory note that was executed in their favor. The guarantor, an out-of-state businessman who owned an interest in the dealership, sought the...
- Filed Under: Corporate & Transactional, Litigation
Representatives of a local neighborhood association and the Huntertown Road Alliance (HRA) opposed a plan that had been submitted to the Woodford County Zoning Administrator to build a car dealership. The zoning in the area where the dealership was to be built had remained unchanged for more than twenty-five years...
- Filed Under: Corporate & Transactional, Litigation
A couple living in the Andover Hills Subdivision submitted an application to the neighborhood association and the developer for a fence they wanted to build on their lot. All of the lots are subject to deed restrictions and covenants, and all proposed fences must first be approved the developer. The...
- Filed Under: Litigation
The County Planning Commission and the County Council planned a comprehensive rezoning scheme for the development of a large tract of land on the outskirts of town. A large segment of the community was opposed to the plan, and after a suit was filed against the Commission it entered into...
- Filed Under: Corporate & Transactional, Litigation
In a completely separate suit, MGM represented a plaintiff who was awarded a judgment and order of sale of the defendant’s property to satisfy a judgment for money. By mistake, the court’s judgment had a numeral of the property address listed incorrectly which resulted in the address of the neighboring...
- Filed Under: Corporate & Transactional, Litigation
Ford Motor Company sponsored a program where certain Ford models were eligible to be repainted free of charge. The owner of a Ford truck decided to participate in the program and delivered his truck to a prominent Lexington Ford dealership to be repainted. When the truck was returned the owner...
- Filed Under: Litigation
A homebuyer of a newly constructed home alleged construction defects within the first year of moving into the home. After numerous unsuccessful efforts by the builder to fully satisfy the long punch list of demands of the homebuyer, the homebuyer simultaneously sued the builder in circuit court and also initiated...
- Filed Under: Equine, Litigation
Saddlehorse owners from California pursued claims for an accounting and breaches of fiduciary duty against their Kentucky-based agent who boarded, trained and showed their saddlebred horses. The United States District Court at Louisville ruled on a pretrial motion for an accounting and held that the agent was not required to...
- Filed Under: Insurance Defense, Litigation
A car accident occurred when an engine cover flew off of a boat that was being towed on the highway. The driver who caused the accident filed a suit against the driver who was towing the boat and the marine company who had recently serviced the boat, alleging that they...
- Filed Under: Corporate & Transactional, Equine, Litigation
The court held that sellers of horses have a duty to inspect and find defects in horses they are selling. This case led to the creation of repositories at public auctions in Kentucky. Read more ›
...- Filed Under: Corporate & Transactional, Equine, Litigation
Sales companies have a duty to insure the accuracy of information supplied to buyers. This case was later cited in the adoption of negligent misrepresentation as a cause of action in Kentucky. Read more ›
...- Filed Under: Equine, Litigation
North Ridge Farms, Inc. v. Trimble, 37 UCC Rep. Serv.1280 (Ky. App. 1983), aff’d sub nom, Trimble v. North Ridge Farms, 700 S.W.2d 396 (1985); following remand, North Ridge Farm v. Stathatos, 760 S.W.2d 89 (Ky. App. 1988). Syndicator of a stallion took a security interest in a share sold...
