Samuel D. Hinkle IV

Complex Litigation of Superfund Cleanup Site

Louisville Industrial Park, LLC v. ExxonMobil Oil Corporation, et al., Case No. 3:14-CV-278-CRS (W.D. Ky., 2017). See also, FCBKy Holding, LLC v. Louisville Industrial Park, LLC, et al., Case No. 13-CI-402829 (Jefferson Circuit Court, 2013).

Originally presented with a foreclosure case by our bank client, the matter became further complicated when the location in question was declared a Superfund Site by the U.S. EPA. SKO negotiated a resolution that involved an acquisition under Kentucky’s brownfields regulations, protecting the bank against liability for historic contamination. The firm’s attorneys also successfully acquired the property for a subsidiary while dealing with substantial tax liens and negotiated a plan for cleanup, which proved satisfactory to state and federal regulators. Subsequently, SKO also successfully resolved lender liability claims that threatened to delay the transfer of the property and the commencement of cleanup activities. The case was settled favorably in March 2018.

Contaminated Collateral

Successfully represented local lender regarding a defaulted loan secured by collateral that was contaminated and subsequently un-archived as a Superfund site.

Rights of Nonprofit Members to Inspect Corporate Records

SKO represented certain members of a Kentucky nonprofit equine corporation in litigation against the nonprofit. When “significant deficiencies” were identified in the nonprofit’s $2 million annual budget, the organization refused to produce accounting records to the members who requested them. SKO obtained a summary judgment on behalf of its clients and defeated nonprofit’s motion for a stay of the judgment pending appeal. SKO also established that the nonprofit destroyed records, computer hard drives and backup servers during the pendency of the litigation. The Fayette Circuit Court held the nonprofit in contempt and ordered it to pay SKO’s fees. The nonprofit sought relief in the Kentucky Court of Appeals. Following the conclusion of the briefing by both parties, the nonprofit agreed to dismiss its appeals and to comply with the judgments entered in the Fayette Circuit Court action. This was a case of first impression in Kentucky. The Court held that, under Kentucky law, all Kentucky nonprofit corporations must allow their members to inspect and copy all of the corporation’s books and records.

Securities Fraud

SKO’s client was one of several defendants sued by a group of disappointed investors alleging securities law violations. SKO mounted an aggressive defense, and while the plaintiffs settled with other defendants, they agreed to simply dismiss their claims against SKO’s client.

USEF Administrative Proceeding

SKO represented four American Saddlebred horse show officials in an administrative hearing conducted by the United States Equestrian Federation (USEF), the United States' governing body for equestrian sports. In the hearing, the owner of a fallen horse filed multiple charges against the show’s officials when his horse died after becoming excited and striking its head as medical crew were attempting to assist an injured rider at the show. The horse owner alleged that show officials violated several safety rules that contributed to the death of the horse. If the owner prevailed, officials would face suspensions, fines and the potential for additional civil litigation. The USEF found in favor of SKO’s clients on all charges and acknowledged that while the incident was tragic, SKO’s clients acted appropriately and complied with all applicable rules.

Breach of Fiduciary Duty Claim

SKO represented a client in a federal action in California involving claims of fraud and civil conspiracy in connection with a multi-million dollar equine transaction.  SKO obtained a Rule 12 dismissal of the claims against its client, but the Court granted leave to amend.  After amendment of the claims by the Plaintiff, SKO was successful in obtaining another dismissal, with prejudice.

Breach of Contract Prosecution

Successfully prosecuted a breach of contract claim under the indemnity provisions of a purchase and sale agreement.

Superfund Site Guidance, Superfund Investigation

Advised client in negotiations with Potentially Responsible Parties, EPA and Kentucky state regulatory authorities in major Superfund investigation.

Dismissal of RCRA Citizen Suit

Obtained dismissal of a RCRA Citizen Suit under the Burford Abstention doctrine by arguing that existing state administrative proceedings covered the same issues

Neighborhood Nuisance & Trespass Claims

Defended claims for nuisance, trespass, negligence and strict liability by multiple property owners against the local electric utility. Successfully defeated class certification.

Superfund Potentially Responsible Parties

Successfully resolved a contribution claim against alleged Potentially Responsible Party arising out of the remediation of a former scrap processing facility.

Environmental Litigation for a University

Represented a university and its athletic association in environmental litigation against CSX related to environmental costs incurred in building and expanding the university's stadium.

Neighborhood Nuisances & Temporary Restraining Orders

Successfully defended claims for nuisance, tortious interference and negligence arising from the construction of a stormwater/wastewater retention basin by the local wastewater utility.