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Philip R. Heleringer

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).

Defense of North American Steel Manufacturer

SKO successfully defended a steel processing company with operations in Mexico against claims that it, along with other suppliers located across the globe, breached a supplies contract with a manufacturer of complex electro-mechanical products. SKO defended on the basis that the federal court did not have personal jurisdiction over the client and, therefore, the client could not be haled into federal court in the United States for what would have been the first time in the company’s nearly 30 years in business. The United States District Court for the Eastern District of Washington granted the motion to dismiss for lack of personal jurisdiction in favor of the client, effectively terminating the litigation against the client. Key Tronic Corporation v. Smart Technologies, et. al., Case No.2:16-cv-00028-TOR.  

Defense of Insurance Class Action Litigation

SKO successfully resolved a complex class action litigation matter where the purported class was challenging the method by which a national insurance company calculated the Actual Cash Value (“ACV”) payments on homeowners’ insurance claims in Kentucky.

Defense of Mortgage Companies

SKO successfully defended a national mortgage servicer against claims that it breached the terms of the underlying promissory note and mortgage by violating the duty of good faith and fair dealing in its loss-mitigation efforts with the borrower. The United States District Court for the Western District of Kentucky granted the motion to dismiss in favor of the client on the breach of contract claim. Miller v. Caliber Home Loans, Inc., et. al., Case No. 3:16-cv-621-DJH-DW.