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Brad S. Keeton

Member, Louisville

Brad is a Member in Stoll Keenon Ogden's Louisville office and has been with the firm since 2007. He is a member of the Business Litigation practice with a focus on Antitrust, Trade Regulation & Franchise, Business Torts, Appellate Law and Healthcare. Brad is also a member of the Mineral & Environmental Law and Tort, Trial & Insurance Services practices. His practice focuses on business litigation, antitrust matters, complex commercial litigation and insurance defense. Brad has achieved favorable results for clients of all sizes and in many industries, including successfully defending a large automobile manufacturer on a multimillion dollar claim through summary judgment and a jury verdict in the client's favor.

A graduate of Washington University in St. Louis School of Law, Brad served as the associate editor of the Global Studies Law Review and the Chairman of the Wiley Rutledge Moot Court Competition Executive Board. He also studied in Strasbourg, France during his undergraduate time at Centre College. Brad is honored as a Rising Star by Kentucky Super Lawyers for his many legal accomplishments.

Brad is a member of the Louisville, Kentucky and American Bar associations as well as an alumni of the Louis D. Brandeis American Inn of Court. Active within the community, he serves as the board chairman for the Walden Theatre-Blue Apple Players and was selected to participate in the Fund for the Arts NeXt! Leadership Development Program and served as the program's liaison to Walden Theatre. He is also a part of the Ignite Louisville Class of 2014, serves on the Louisville Ballet corporate development committee and previously served on the board of directors for Ohio Valley Creative Energy. Married to a teacher, Brad enjoys travel, food and fitness in his spare time.

Education
Washington University St. Louis
2007, J.D.
Centre College
2003, B.A.
Admissions
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Sixth Circuit
Kentucky
Pennsylvania
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky
U.S. District Court, Western District of Pennsylvania

Recognition

  • Under 40 Hotlist, Benchmark Litigation, 2017-2018
  • Super Lawyers Rising Star in Antitrust Litigation, 2016-2018

Affiliations

  • Louisville Bar Association, (Leadership Academy Graduate, 2012)
  • Kentucky Bar Association
  • American Bar Association
  • Commonwealth Theatre Center, Board of Directors, 2012-Present (Chair 2015-2018)
  • Junior League of Louisville, Community Advisory Board, 2016-Present
  • Fund for the Arts, NeXtGen Board, 2018-Present
  • Fund for the Arts, Board of Directors, (ex officio), 2015 - 2018
  • Leadership Louisville Center, Ignite Louisville Program for Emerging Leaders, 2014 - 2015
  • Louis D. Brandeis American Inn of Court, Associate Member, 2009-2011
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Work Highlights

Oil and Natural Gas Transactions

Brad has been a part of several SKO teams involved in performing complex due diligence and preparing transaction documents related to oil and natural gas properties. These include the acquisition of 1.46 million oil and gas acres in eastern United States (primarily Pennsylvania and West Virginia) with more than 9,000 producing wells; a joint venture for a major oil and natural gas producer’s Marcellus shale acreage with the producer to receive aggregate payments of $3.4 billion; a joint venture for a major oil and natural gas producer’s Utica shale acreage with the producer to receive aggregate payments of $594 million; and an IPO for midstream gathering services for production from the Marcellus Shale.

Related Practices: Business Litigation

Interpretation of Annuity Agreement for Previously-Settled Litigation

Brad successfully defended a life insurance company against claims that it violated a structured settlement agreement and annuity agreement related to the settlement of a prior personal injury action to which it was not a party after it terminated payments as provided for in the contracts. The U.S. District Court for the Eastern District of Kentucky dismissed all claims against the client, and the decision was affirmed by the U.S. Court of Appeals for the Sixth Circuit.

Kelley v. Westfield Ins. Co., Civil Action No. 15-12-HRW, 2015 U.S. Dist. LEXIS 143627 (E.D. Ky. Oct. 22, 2015); aff’d by Kelley v. Westfield Ins. Co., 654 Fed. Appx. 778, 2016 U.S. App. LEXIS 12191 (6th Cir. Jun. 30, 2016).

Related Practices: Business Litigation

Fair Debt Collections Practices Act and Kentucky Consumer Protection Act

Brad successfully defended a national mortgage servicer against claims that it violated the Fair Debt Collections Practices Act and the Kentucky Consumer Protection Act, in addition to claims of breach of contract and negligence. The Jefferson Circuit Court granted summary judgment in favor of the client on all claims alleged against it after several years of litigation.

U.S. Bank Trust, N.A., as Trustee for Volt Asset Holdings Trust XVI, by Caliber Home Loans, Inc., as its Attorney in Fact v. Cahoon, et al., Case No. 14-CI-400462 (Circuit Court for Jefferson County, Kentucky).

Related Practices: Business Litigation

Defense of RICO Claims against Developer

Brad successfully defended two subdevelopers and their principals against claims they violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”) by allegedly misappropriating the proceeds from industrial revenue bonds issued to fund the construction of a large, urban, mixed-use development. The U.S. District Court for the Western District of Kentucky dismissed the complaint on the basis that it failed to adequately plead RICO violations or conspiracy. The plaintiff did not appeal the decision.

City of Bowling Green v. Mills Family Realty, Inc., Civil Action No. 1:17-CV-00158-JHM, 2017 U.S. Dist. LEXIS 208853 (W.D. Ky. Dec. 20, 2017).

Related Practices: Banking Litigation

Rights of Homeowners Association against Subdivision Developer

Brad successfully prosecuted an appeal to the Kentucky Supreme Court on behalf of a residential homeowners association after an adverse ruling at the trial court. It its decision reversing the Kentucky Court of Appeals, the Kentucky Supreme Court recognized for the first time that the principle of a defeasible easement exists in Kentucky, thereby stripping the subdivision’s developer of an easement it purportedly retained after the subdivision was completed.

Majestic Oaks Homeowners Association v. Majestic Oaks Farms, Inc., 530 S.W.3d 435 (Ky. 2017).

Related Practices: Business Litigation

Midstream MLP Initial Public Offering

An IPO for midstream gathering services for production from the Marcellus Shale. SKO performed due diligence and prepared transaction documents.

Related Practices: Mineral & Environmental Law

Automobile Franchise Litigation, Breach of Franchise Agreement, Bad Faith, Fraud & Deceptive Practices

SKO successfully represented an automobile manufacturer against claims of breach of franchise agreement, bad faith, breach of contract, fraud, and deceptive practices brought by a former franchised dealer. The claims involved complex issues relating to the manufacturer’s allocation and distribution policies of new automobiles to franchised dealers, as well as claims involving oral promises of a new dealership. After achieving summary judgment in the client's favor, resolving all claims except the breach of franchise agreement claim, the jury found on our client's favor after trial.

Craig & Landreth, Inc. v. Mazda Motor of America, Inc., 744 F. Supp.2d 818 (S.D. Ind. 2010)

Craig & Landreth, Inc. v. Mazda Motor of America, Inc., 272 F.R.D. 461 (S.D. Ind. 2010).

Acquisition of Appalachian Oil and Natural Gas Properties

Acquisition of 1.46 million oil and gas acres in eastern United States (primarily Pennsylvania and West Virginia) with more than 9,000 producing wells. SKO performed due diligence and prepared transaction documents.

Related Practices: Mineral & Environmental Law

Marcellus Joint Venture for Oil and Natural Gas Producer

A joint venture for a major oil and natural gas producer’s Marcellus shale acreage; the producer to receive aggregate payments of $3.4 billion; SKO performed due diligence and prepared transaction documents.

Related Practices: Mineral & Environmental Law

Utica Joint Venture for Oil and Natural Gas Producer

A joint venture for a major oil and natural gas producer’s Utica shale acreage; the producer to receive aggregate payments of $594 million; SKO performed due diligence and prepared transaction documents.

Related Practices: Mineral & Environmental Law
News Publications Seminars

 

     The Future of the Equine Industry in Kentucky: Antitrust Concerns and the Australian Case, Kentucky Bar Association
     Annual Convention, 2012

     What Every In-House Lawyer Needs to Know about Antitrust and Competition Law, Kentucky Bar Association In-House
     Lawyers Section Meeting, 2012