Barry L. Dunn
Barry is an Associate in Stoll Keenon Ogden's Louisville office and has been with the firm since 2010. He is a member of the Business Litigation, Tort, Trial & Insurance Services, Trust & Estate Litigation, Appellate, Class Action and Utility & Energy practices.
Barry's litigation practice involves matters at both the trial and appellate levels for individuals and businesses both large and small. Barry represented a large group self-insurance fund against a Big Four accounting firm from an eight-week trial through the United States Supreme Court and represented a national telecommunications company in a two-week trial involving tortious interference, non-competition agreement, and fiduciary duty claims. Barry has also litigated breach of contract cases, nuisance actions, wrongful death claims, collections matters, estate contests, First Amendment and defamation claims, and election recounts and contests.
As a member of the Utility & Energy practice, Barry assists utility companies with a variety of state regulatory matters, including Kentucky Utilities Company's and Louisville Gas and Electric Company's rate cases before the Kentucky Public Service Commission. His utility experience also includes matters involving affiliate transactions, certificates of public convenience and necessity, regulatory assets, and environmental compliance and surcharges.
Barry received his law degree from the University of Louisville Brandeis School of Law where he was named Outstanding Graduate. He also served as president of the Moot Court Board, Notes Editor for the University of Louisville Law Review, and a two-time member of the National Moot Court Team. Prior to law school, Barry taught 8th grade social studies and interned for two members of the United States Congress. He is honored as a Rising Star by Kentucky Super Lawyers for his legal accomplishments.
Barry remains active outside the firm by serving as a member of the Brandeis School's Alumni Council. In his free time, Barry enjoys sports, politics, and spending time with his wife and three boys.
The firm represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial.
Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).
Related Practices: Business Litigation, Business Torts, Environmental Litigation
Product Liability: Negligent Design, Manufacture, and Maintenance of Heavy Equipment
Successfully represented the estate, widow, and children of a farm employee killed while operating heavy machinery. Matter settled for policy limits prior to filing suit.
Related Practices: Tort, Trial & Insurance Services
Related Industries: Manufacturing
Ernst & Young LLP v. Clark, ---U.S.---, 2011 WL 588978 (Feb. 22, 2011) (denying certiorari on issue involving whether the McCarran-Ferguson Act reverse preempts the Federal Arbitration Act).
Clark v. Ernst & Young LLP, Case No. 05-CI-00455 (Ky. Franklin Cir. Ct. 2012) (serving as part of trial team in an eight-week trial involving negligence and fraud claims).
Preferred Automotive Services, Inc. v. Insight Kentucky Partners II, L.P., Case No. 12-CI-00259 (Ky. Jefferson Cir. Ct. 2014) (serving as trial counsel during a two-week trial involving fiduciary duty and tortious interference claims).
Watkins v. Bullitt County Board of Elections, Case No. 10-Cl-01701 (Ky. Bullitt Cir. Ct. 2010) (establishing the election recount procedure in a local election).
Slinker v. Green County Board of Elections, Case No. 11-CI-00092 (Ky. Green Cir. Ct. 2012) (rejecting an election contest related to the sale of alcohol at qualified historic sites). The Kentucky Court of Appeals dismissed the opposing parties’ appeal, Slinker v. Heath, No. 2012-CA-000574-MR (Ky. App. Apr. 17, 2012), and the Kentucky Supreme Court denied discretionary review, Slinker v. Heath, No. 2012-SC-000295 (Ky. Apr. 17, 2013).
Application of Kentucky Utilities Company for an Adjustment of Its Electric Rates, No. 2012-00221 (Ky. Pub. Serv. Comm'n 2012).
Application of Louisville Gas and Electric Company for an Adjustment of Its Electric and Gas Rates, a Certificate of Public Convenience and Necessity, Approval of Ownership of Gas Service Lines and Risers, and a Gas Line Surcharge, No. 2012-00222 (Ky. Pub. Serv. Comm'n 2012).
Applications of Kentucky Utilities Company and Louisville Gas and Electric Company for Certificates of Public Convenience and Necessity and Approval of Their 2011 Compliance Plan for Recovery by Environmental Surcharge, Nos. 2011-00161 and 2011-00162 (Ky. Pub. Serv. Comm’n 2011).
Verified Joint Application of Kentucky Utilities Company d/b/a Old Dominion Power Company, Louisville Gas and Electric Company, LG&E and KU Services Company, LG&E and KU Energy LLC, LG&E and KU Capital LLC, PPL Corporation, PPL Electric Utilities Corporation, and PPL Services Corporation for Authority to Engage in Affiliate Transactions and to Enter into Utility Services Agreements, No. PUE-2011-00095 (Vir. State Corp. Comm’n 2011).
Professional & Civic Activities
Louisville Bar Association, Young Lawyers Section chair, 2014
Kentucky Bar Association
Legal Aid Society Domestic Violence Advocacy Program
University of Louisville Brandeis School of Law, Alumni Council and Recent Graduates Committee
Lindsey Wilson College Class of 2005, class agent
Focus Louisville, 2011
Columbia-Adair County Volunteer Fire Department and Edgewood Fire & EMS, former volunteer Firefighter
Mr. Dunn taught 8th grade social studies at a public middle school before attending law school. Content spanned from the early Americans through the Civil War. Mr. Dunn also coached 7th and 8th grade basketball during this time.
Mr. Dunn was a certified Kentucky Fire/Rescue Instructor and taught a variety of classes to fellow volunteer firefighters.
Kentucky Super Lawyers Rising Star, Business Litigation
2010 Outstanding University Graduate for the Brandeis School of Law
University of Louisville Law Review, Notes Editor
Moot Court Board, President
Two-time Member of the National Moot Court Team
Justice Charles Leibson Award as the Outstanding Constitutional Law Student
First Place, Kentucky Bar Association Student Writing Competition
Brandeis Honor Society
2005 Outstanding Social Science Graduate at Lindsey Wilson College
|Aug. 2014||“Enforcing Forum-Selection Clauses Under Federal and Kentucky Law,” co-author, Louisville Bar Association’s Bar Briefs|
|Aug. 2013||“Kentucky Supreme Court Makes Peremptory Strikes a ‘Substantial Right’ in Civil Cases,” co-author, Louisville Bar Association’s Bar Briefs|
“Annual Report of the Electricity Committee,” American Bar Association Section of Public Utility, Communications, and Transportation Law (contributing author on the Kentucky section)
|2009||"Created After Death: Kentucky Law and Posthumously Conceived Children," University of Louisville Law Review, 48, p. 167|