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Robert W. Kellerman

Direct Phone: 502.875.6230

Robert W. Kellerman

Bob is a Member in Stoll Keenon Ogden's Frankfort office. He is a member of the Business Litigation practice with a focus on Business Torts, Banking Litigation, Construction Law and Eminent Domain & Real Estate Litigation. His practice focuses on business, contract and civil litigation, transactional real estate and zoning, administrative law and general business law. He has represented clients before state and local administrative bodies, as well as appellate courts.

Bob is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® and listed in Best Lawyers in America® for his many legal accomplishments. He has defended breach of fiduciary duty, negligent representation and fraud cases against institutions, directors and officers. He also has experience with successful multimillion dollar workouts representing lenders of various commercial and residential development projects.

Bob is currently a member of the Kentucky Bar Association. He has been appointed by the Supreme Court of Kentucky to serve on the IOLTA Board of Trustees of the Kentucky Bar Association as the representative for the 5th Supreme Court District and was formerly an Ex-Officio member of the Kentucky Bar Association Board of Governors and the Kentucky IOLTA Board. In addition, he is the former president of the Kentucky Bar Foundation Board. He gives back to the community by serving as a trustee for the Paul Sawyier Public Library.

Work Highlights

Banking Litigation

Successfully secured settlement on behalf of investor recovering $2 million from institutional investment firm arising from overcharges of investment administration fees.

Related Practices: Banking Litigation

Lender Liability Litigation

Successfully represented creditor in obtaining recovery of commercial development property and dismissal of claim by borrower who had alleged lender liability and sought recovery of sums in excess of $5 million.

Related Practices: Business Litigation

Fiduciary Litigation

Successfully represented trustee in securing dismissal of action alleging breach of fiduciary duty seeking sums in excess of $5 million, and recovering attorney’s fees expended by trustee in defending action.

Related Practices: Business Litigation

Limited Partnership Litigation

Successfully represented limited partner in recovering in excess of $1 million from general partner under limited partnership guaranty agreement related to inferior investment performance.

Defending breach of fiduciary duty, negligent misrepresentation and fraud cases against institutions, directors and officers, winning judgments of dismissal in four disputes, three of which were multimillion dollar claims concerning development loans

Reported opinion at Farmers Bank and Trust Company v. Willmott, 171 S.W.3d 4 (Ky. Supreme Court, 2005), Corporate and limited liability company disputes, including piercing of the corporate veil and adjudication of rights of partners and shareholders in business entities

Real estate litigation including commercial lease disputes, purchase option contracts, real estate sales agreement litigation, lien enforcement disputes and mortgage foreclosure actions concerning commercial and residential developments, construction litigation and arbitrations, including commercial and civil construction disputes, and litigation or arbitration clauses

Reported opinion at Buck Run Baptist Church v. Cumberland Surety Insurance Company, 983 S.W.2d 501 (Ky. Supreme Court, 1998). Mining boundary, trespass and blasting cases - secured reversal on appeal for defendant of $1.2 million verdict at appellate level., UCC litigation, including Article 2 (Sales), Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions)

Professional malpractice cases, including accounting and legal malpractice, and representation of attorneys in attorney discipline actions before the Kentucky Bar Association

Representation of Executors and Trustees in estate and trust litigation - secured dismissal of breach of fiduciary duty actions against personal representatives in two situations

Collection and creditors' rights, Insurance policy coverage issues (including D & O, casualty and aggregate excess insurance issues) - secured dismissal of $2.8 million claim against insurer

Appellate Practice - Prosecuted and defended over 90 appeals to the Court of Appeals of Kentucky, with innumerable oral arguments and over 30 appeals to the Supreme Court of Kentucky with four oral arguments

Prosecuted four appeals to the United States Court of Appeals for the Sixth Circuit and petitioned for Writ of Certiorari to the Supreme Court of the United States., Condemnation actions, injunctive relief and bid award contests

Transactional, Real Estate and Zoning, Lending and Workout Issues - Successful multi-million dollar workouts representing lenders of various commercial and residential development projects including related issues of litigating lien priority, lender completion of development, bankruptcy issues, equitable subrogation issues and pursuit of guaranty liability

Land Development and Land Use Planning - Successful rezonings and developments of commercial and residential projects, several of which were strongly contested and litigated to the appellate court level

Reported opinions include Morris v. Carter, 2007 Ky. App. Lexis 259, and 21st Century Development v. Watts, 958 S.W.2d 25 (Ky. App., 1997)

Numerous other unpublished appellate opinions are available. Commercial real estate, business asset and stock sales transactions and closings, formation and governance of corporations and limited liability companies

Administrative appearances and hearings before state and local administrative bodies (including the Kentucky Revenue Cabinet, Department of Insurance and Natural Resources and Public Protection Cabinet) and administrative appeals before state courts

Negotiations with state agencies concerning surety and performance bonds., Successfully argued several administrative law cases before appellate courts, including Weiand v. Kentucky Retirement Systems, 25 S.W.3d 88 (Ky., 2000) (exhaustion of administrative remedies)

Kentucky Retirement Systems v. Lewis, 163 S.W.3d 1 (Ky., 2005) (administrative jurisdictional and exhaustion issues) and Kentucky Retirement Systems v. Commonwealth, 251 S.W.3d 334 (Ky. App., 2008) (jurisdictional issues), and Cornett v. Board of Trustees, 764 S.W.2d 644 (Ky. App., 1989) (pension statutes interpretation)