Successful Defense of Veil-Piercing Claim

Spradlin v. Beads and Steeds Inn, LLC (In re Howland), Case No. 16-5499 (Jan., 2017) (unpublished)

The Sixth Circuit Court of Appeals upheld the lower court rulings SKO obtained in a matter involving novel Kentucky corporate law claims centered on reverse veil piercing and substantive consolidation claims under bankruptcy law. SKO successfully defended the client against efforts by a Chapter 7 trustee to avoid the transfer of a parcel of real property. In this case, the client purchased a farm from an LLC, which leased it back to continue operating its business at the location. When the individual members of the LLC later sought bankruptcy relief, the trustee filed a complaint, alleging the client was the recipient of a fraudulent transfer. SKO proved the property transfer was made to our client by the LLC, not the individual debtors. Efforts by the trustee to amend and consolidate the complaint on appeal, as well as invoke reverse veil-piercing, were unsuccessful in federal Bankruptcy Court, the U.S. District Court for the Eastern District of Kentucky and the Sixth Circuit Court of Appeals.

Commercial Trucking Accident

Collins v. Westfreight Systems, Inc., No. 08-227, 2009 U.S. Dist. LEXIS 33141 (E.D. Ky. Apr. 17, 2009)

Successfully defended commercial trucking client against negligence claims arising out of a highway accident. Case resulted in dismissal of lawsuit for improper service of process on foreign entity.

Warranty and Products Liability

John F. Ruggles, Jr., Inc. v. Ventex Tech., Inc., No. 09-141, 2011 U.S. Dist. LEXIS 79816 (E.D. Ky. Jul. 21, 2011)

Obtained complete defense summary judgment for client in case involving breach of warranty claims against manufacturer of electronic transformers used in commercial signage.

Employee Benefits

Thacker v. Schneider Electric USA, Inc., No. 12-235, 2013 U.S. Dist. LEXIS 16612 (E.D. Ky. Feb. 7, 2013), aff’d 547 Fed. Appx. 691 (6th Cir. Oct. 30, 2013)

Obtained judgment in favor of client employer on employee’s claims alleging wrongful denial of disability and life insurance benefits under ERISA. Sixth Circuit appeal resulted in complete affirmance of lower court judgment.

Premises and Promoter Liability

Brotherton v. Victory Sports, Inc., 24 F. Supp. 3d 617 (E.D. Ky. 2014)

Successfully defended motocross race promoter and venue owner against negligence claims relating to injury sustained during motocross racing event. The case resulted in complete summary judgment in favor of SKO’s clients.

Breach of Commercial Sales Contract

C&M Giant Tire, LLC v. Triple S Tire Co., Inc., No. 13-162, 2014 U.S. Dist. LEXIS 158932, 85 U.C.C. Rep. Serv. 2d 187 (E.D. Ky. Nov. 10, 2014)

Obtained Plaintiff’s summary judgment for buyer’s breach of nearly $700,000 commercial sales contract for the purchase of large industrial tires.