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Justin D. Clark

Counsel to the Firm, Louisville
Justin D. Clark

Work Highlights

Insurance Company Rehabilitation and Liquidation

Representation of the Executive Director of the Kentucky Office of Insurance in her capacity as the Rehabilitator of AIK Comp, an unincorporated association and group self-insurance fund in rehabilitation. Ernst & Young, LLP v. Clark, 323 S.W.3d 682 (Ky. 2010); Curtis Green & Clay Green, Inc. v. Clark, 318 S.W.3d 98 (Ky. App. 2010); Koetters v. Ernst & Young LLP, 2005 WL 1475533 (E.D. Ky. 2005).

Breach of Stock Purchase Agreement

Procured multi-million dollar arbitration award following a two week trial against a Fortune 250 company for funds due and owing under a complex Stock Purchase Agreement arising out of the acquisition of a natural gas company. Timothy T. Allen v. Constellation New Energy – Gas Division, LLC, American Arbitration Association, No. 14 489 Y 00975 08. Lead counsel for that same Fortune 250 company (Constellation New Energy) in the matter of Constellation New Energy – Gas Division, LLC v. Ohio Valley Aluminum Company, et al., Commonwealth of Kentucky, Jefferson Circuit Court, Case No. 09-CI-10510 (the “Civil Action”), which was resolved favorably before trial. (Justin has always taken pride in being hired to represent Constellation soon after being adverse to them in a contentions matter.)

Robinson-Patman Act

Counsel to Metalcraft of Mayville, Inc., d/b/a Scag Power Equipment in complex antitrust litigation initiated by New Albany Tractor, Inc. The Sixth Circuit Court of Appeals affirmed trial judgment in Scag Power Equipment’s favor under the Robinson-Patman Act. The Sixth Circuit also adopted my argument for the application of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) to motions to dismiss. The Sixth Circuit’s opinion can be found at New Albany Tractor, Inc. v. Louisville Tractor, Inc., 650 F.3d 1046 (6th Cir. 2011) and has already been cited by or relied upon by federal courts approximately 50 times since its entry.

Medical Malpractice Defense

Successfully defended Anesthesiology Associates, P.S.C. in medical malpractice action and secured appellate opinion affirming trial verdict. Norman v. Galen of Ky., Inc., 2004 Ky. App. Unpub. LEXIS 529 (Ky. App. 2004).

Construction Law

Successful representation of certain high-profile jockeys in their widely publicized efforts to wear advertising logos during thoroughbred horse races in the Commonwealth of Kentucky, most notably the Kentucky Derby.

Interference with Contractual Relations

Counsel to Fields Medical Corporation in complex litigation matter adverse to former sales representative. The case settled favorably to client during closing arguments of a 10 day trial. Fields Medical Corporation, et al. v. Kirkland C. Stallings, et al., Commonwealth of Kentucky, Jefferson Circuit Court, No. 07-CI-6256.

Breach of Contract

Counsel to Owensboro Grain Co. in its successful efforts to recover on a multi-million dollar contract claim. Owensboro Grain Co., LLC v. AUI Contracting, LLC, 2009 WL 650456, 72 Fed.R.Serv.3d 1342 (W.D. Ky. 2009).

Breach of Contract

Lead counsel to Ken Towery’s Auto Care of Kentucky, Inc. in a complex litigation matter involving Michelin’s retail expansion program. The case was resolved favorably before trial. Michelin Americas Small Tires, a division of Michelin North America Inc. v. Ken Towery’s Auto Care of Kentucky, Inc., United States District Court for the District of South Carolina, Greenville Division, C.A. No. 6:13-cv-02848-HMH.

Wrongful Termination

Lead counsel for the University of Louisville in a lawsuit containing sensitive retaliation and racial discrimination allegations, all of which were ultimately resolved in the University’s favor. Calloway v. University of Louisville, 2006 WL 1523229, 32 NDLR P 216 (W.D. Ky. 2006).

Representation of Kentucky Derby Winning Jockey

Obtained and secured a complete victory for Kentucky Derby winning jockey Mike Smith against claims brought by a notable thoroughbred horse trainer and owner. Adika v. Smith, 466 F.3d 503 (6th Cir. 2006)

Insurance Company Rehabilitation and Liquidation

Lead counsel for Kentucky Employers’ Mutual Insurance (KEMI), the largest provider of workers’ compensation insurance in Kentucky, in the negotiation of a complex loss portfolio transfer with the Kentucky Office of Insurance and the Rehabilitator of Kentucky School Board Insurance Trust.

Commissioner Kentucky Boxing and Wrestling Commission

Served as initial Commissioner of the reformed Kentucky Boxing & Wrestling Commission (2016-2017). The KBWC oversees all professional boxing, wrestling and full contact competitive bouts and exhibitions held in Kentucky. During Justin’s time as Commissioner, the KBWC successfully instituted several regulatory efforts to encourage the growth of professional boxing and wrestling in the Commonwealth, while protecting participants and spectators of the sports.

General Counsel for Cabinet of Health and Family Services

Served as Governor Matt Bevin’s first General Counsel for the Cabinet of Health and Family Services. During this time, Justin successfully worked to implement complex healthcare reform in Kentucky; resolved several long-lasting litigation matters inherited from prior administrations; and, reduced regulatory red tape for both healthcare providers and healthcare recipients. Justin also worked closely on the State Health Plan, and worked with healthcare providers across the Commonwealth, including Medicaid reimbursement, Certificate of Need, and important public policy matters relating to proposed tort reform, such as the Commonwealth’s creation of Medical Review Panels now used in medical liability cases.

Appointed to Kentucky Supreme Court

Appointed as Special Justice to the Kentucky Supreme Court to hear and decide the matter of The Travelers Indemnity Co. v. Charles Armstrong, case number 2017-SC-0041, a wrongful death action involving issues of first impression in Kentucky relating to insurance coverage, motor vehicle ownership, and alleged bad faith.