Defense of Environmental Contractor in train derailment resulting in catastrophic burns to two workers performing cleanup operations
Co-lead counsel in case involving a train carrying flammable chemicals that derailed resulting in a breach of the tanker car and subsequent release of flammable chemical. During cleanup operations, two workers were seriously burned when a flash fire resulted when they were using a cutting torch to separate train cars near the leaked chemical. The injured workers filed an action against the railroads and the environmental contractor resulting in complex claims among several parties. Those claims necessitated a deep understanding and application of OSHA regulations, contract law, and common law. SKO represented the environmental contractor retained for air monitoring at the site. The case ultimately settled.
Defense of Van Conversion Company in Vehicle Rollover Accident, resulting in ejection of child through roof
Lead counsel in case in which van conversion company installed raised roof in van. Driver of van fell asleep, resulting in rollover accident in which minor was ejected through the modified roof of the van. Minor was seriously injured resulting in brain damage and paralysis (paraplegic). SKO represented van conversion company. The case ultimately settled.
Class Action Claims Against Cemetery for Improper Practices
Lead counsel representing a putative class of individuals with relatives buried in a cemetery, asserting claims against numerous former and current owners of the cemetery for improper burial practices. The case was pending in the U.S. District Court for the Southern District of Indiana, and was ultimately settled.
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.
Defending and Prosecuting Class Action Lawsuits
SKO was successful in multiple class action litigations on both the plaintiff and defense side. SKO oversaw multiple complex settlements with multi-thousand class member cases. SKO's class action clients have included a national insurance carrier, a national environmental consulting service, consumers defrauded by unfair commercial practices, a regional home builder, and national agriculture companies.
Shareholder Class Action
Margie Elstein v. Lexmark International, Inc., et al., Civil Action No. 16-CI-02380 (Fayette Circuit Court)
SKO successfully represented Lexmark in successfully dismissing a proposed class action lawsuit claiming Lexmark’s merger was unfair to shareholders. A mere three days before the scheduled shareholder vote, an injunction hearing was held and the Court dismissed the lawsuit.
Local Hotel Taxes
Successfully defended online travel companies in litigation by three local governments seeking to collect local hotel taxes. Louisville/Jefferson County Metro Govt., Lexington-Fayette Urban County Govt., et al. v. Hotels.com, L.P., et al., 590 F.3d 381 (6th Cir., 2009).
Class Action, Telecommunications and Consumer Protection
SKO acted as counsel for a 175,000-member plaintiff class in U.S. District Court to challenge sales tax collection on broadband Internet access services provided by incumbent local exchange carrier. The Court approved settlement agreement in August 2007 that provided class members full refunds of overpayments plus interest, totaling $8.2 million.
Clark v. BellSouth Telecommunications, Inc., 461 F.Supp.2d 541 (W.D. Ky. 2006).
Claims Against Cemetery for Improper Practices
SKO represents a putative class of individuals with relatives buried in a cemetery, asserting claims against numerous former and current owners of the cemetery for improper burial practices. The case is currently pending in the U.S. District Court for the Southern District of Indiana.
Class Action, Telecommunications, Public Utility, Taxation & Consumer Protection
SKO represented a class of more than 450,000 members in U.S. District Court challenge to overcharges/tariff violations by regulated telecommunications carrier. SKO obtained summary judgment on federal overcharge claims for class members and protected class certification by defeating an interlocutory appeal to the U.S. Sixth Circuit Court of Appeals. SKO also prevailed for class members in a collateral state utility commission proceeding on issues referred by the District Court. Settlement approved by District Court in November 2013 included cash refunds to all class members. Bowers v. Windstream Ky. East, LLC, 2013 U.S. Dist. LEXIS 157242 (W.D. Ky. 2013).