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Brad S. Keeton

Work Highlights

Fair Debt Collection Practices Act and Kentucky Consumer Protection Act

SKO 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).

Oil and Natural Gas Transactions

SKO attorneys have substantial experience performing complex due diligence and preparing transaction documents related to oil and natural gas properties. A highlight of SKO’s work in this area is the acquisition of 1.46 million in oil and gas acres in Eastern U.S. (primarily Pennsylvania and West Virginia) with more than 9,000 producing wells. SKO attorneys handled a joint venture for a major oil and natural gas producer with Marcellus Shale acreage, with stipulations that the producer receive aggregate payments of $3.4 billion. In another joint venture for a major oil and natural gas producer, SKO attorneys successfully negotiated the sale of Utica Shale acreage, with the producer receiving aggregate payments of $594 million. SKO attorneys have also served as counsel in an IPO of midstream gathering services for production from the Marcellus Shale.

Interpretation of Annuity Agreement for Previously-Settled Litigation

SKO 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).

Defense of RICO Claims against Developer

Successfully defended two sub developers 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).

Rights of Homeowners Association against Subdivision Developer

SKO 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).

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.

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.

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.

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.