Firm News and Events - McBrayer, McGinnis, Leslie & Kirkland, PLLC

THIS IS AN ADVERTISEMENT.

Terms and Conditions

FIRM NEWS AND NOTABLE CASES.
News:
McBrayer, McGinnis, Leslie & Kirkland PLLC, is pleased to announce that David J. Guarnieri has joined the firm as a member. Mr. David J. Guarnieri received his undergraduate degree from Centre College in 1993 and his J.D. from the University of Kentucky College of Law in 1996. His practice will focus on criminal and civil litigation.
McBrayer, McGinnis, Leslie & Kirkland, PLLC is pleased to announce that Patricia “Tish” Morris has joined the firm as an associate in the Louisville office. Ms. Morris received her undergraduate degree from University of Louisville in 1996 and her J.D. from the University of Louisville Brandeis School of Law in 2003. Ms. Morris will focus her practice in the area of civil litigation.
Whitney R. Calvert has joined the firm as a member. Ms. Calvert received her undergraduate degree from University of Kentucky in 1996 and her J.D. from the University of Virginia College of Law in 1999. Her practice will focus on Corporate Law, Energy Law, Mergers and Acquisitions and Closely Held Corporations.
Kathryn Warnecke Ryan has joined the firm as a member. Ms. Ryan received her undergraduate degree from University of Kentucky in 1981 and her J.D. from the University of Kentucky College of Law in 1985. Her practice areas will include Bankruptcy, Debt Restructuring, Commercial Litigation, Family Law and Mediation.
Terri Stallard has been named a member of the firm's Lexington office. Ms. Stallard received her undergraduate degree from Transylvania University in 1986, her J.D. from the University of Louisville Louis D. Brandeis School of Law in 1990 and her M.A. in Taxation from Emory University School of Law in 1992. She concentrates her practice in Estates Planning, and has been associated with the firm since 2004.
Jon A. Woodall recently achieved the favorable settlement of claims filed in the states of Missouri, Nebraska, Tennessee, North Carolina, and West Virginia by the respective Attorney Generals of those states against a client of the firm engaged in the wholesale and distribution of tobacco products. The settlements ended years of litigation and allow our client to remain in business.
McBrayer, McGinnis, Leslie & Kirkland, PLLC is pleased to announce Bruce Simpson, of the firm’s Lexington office, has been select for inclusion in the 2009 edition of The Best Lawyers in America® in the specialty of Real Estate Law.
W. Brent Rice and Jon A. Woodall recently completed successful contract negotiations with Oklahoma State University on behalf of newly hired Head Men’s Varsity Basketball Coach, Travis Ford. Ford was formerly head coach at the University of Massachusetts before accepting his new position at OSU, a perennial power in the Big 12 Conference.
McBrayer, McGinnis, Leslie & Kirkland PLLC is pleased to announce that Stephen G. Amato was named in the 2008 Kentucky Super Lawyers magazine. The 2008 Kentucky Super Lawyers list was compiled by Law & Politics publishing and appears in the August 2008 issue of Kentucky Monthly. Attorneys are selected based on Law & Politics’ rigorous selection process with the goals of casting as wide a net as possible, evaluating quality in the most objective possible terms and verifying and validating all data. Law & Politics uses a system of balloting, peer evaluation and internal research, which acts as a system of check and balances.
W. Terry McBrayer was recently elected with no opposition to his 4th consecutive four-year term to the Democratic National Committee as the Democratic National Committeeman from the Commonwealth of Kentucky - one of only three such individuals from each state. McBrayer will be active a participant in all of the Convention week activities during the Democratic National Convention in Denver, Colorado this August.
Douglas T. Logsdon gave a CLE presentation at the 2008 First American Title Insurance Company seminar: “Title Issues Arising in Foreclosures and Short Sales.” The presentation was for about 80 real estate closing attorneys and title insurance agents regarding issues to watch for if a title examination shows a foreclosure or short sale in the chain of title for a property.
David Cohen has been elected to a two year term on the School Based Decision Making Council for Glendover School in Lexington. The council serves as a liaison group between the school and the Fayette County Board of Education for the purpose of enhancing student achievement.
McBrayer, McGinnis, Leslie & Kirkland, PLLC received the “Business of the Year Award” from the Salvation Army for its contribution to the 2007 ‘Kettle Campaign’. The “Business of the Year Award” is given to the local business which raises the most money for the Salvation Army’s annual ‘Kettle Campaign’, a campaign where minature red kettles are left at businesses to collect donations.
Burley farmers win judgment; More than 198,000 will share about $100 million - Herald Leader 12/20/07 - to see Headline on the frontpage of H-L, click here.

Cases:
Robert H. Hall v. Robert A. Lundy and Michael Louis, NO. 2008-CI-978 (November 13,2008) - In a recent equine case of major significance, tried in November, 2008, by veteran MMLK attorney Robert E. Maclin, III, in Fayette County, the Fayette Circuit Court awarded a judgment of $1,459,464.92 in favor of an MMLK client. The judgment is comprised of actual damages of $360,164.48 and punitive damages of $1,080,493.44. The assessment of $1,080,493.44 in punitive damages secured by Maclin is three times the actual damages sustained by the MMLK Client and represents a maximum punitive award imposable by law. The award of punitive damages is based on the severity of the defendant’s fraudulent conduct as proved by Maclin at trial. Attorney: Robert E. Maclin
Earl Lee Jones v. Kathy Witt, et al., NO. 2007-CA-000404-MR (March 7, 2008) -In upholding the trial court’s entry of summary judgment in favor of the Fayette County Sherriff, the Court of Appeals once again held that Sec. 10 of the Kentucky Constitution does not create a private right of action analogous to a cause of action under 42 U.S.C. Sec. 1983 or principles of federal common law first established in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The Court further held that the doctrine of official immunity affords police officers immunity from a plaintiff’s claim for an unlawful arrest when the officers act in a good faith, objectively reasonable manner in serving a warrant. Attorneys: Stephen Amato and Benjamin Riddle
James R. Turner, et al. v. Grant County Detention Center, et al., Civil Action No. 05-148-DLB (3-26-2008) - Judge Bunning denied Named Plaintiffs’ Renewed Class Certification, finding, as McBrayer claim on behalf of its client, the Grant County Detention Center, that Named Plaintiffs had not met their burden of proof with respect to each element required for class certification. Attorneys: Stephen Amato
Salt Lick Bankcorp, Inc. et al. v. Kentucky Department of Financial Institutions, Ky. Board of Claims, Claim No. 02-289 (Dec. 21, 2007) – Recommended Order and Opinion Granting Respondents’ Motion to Dismiss. Attorneys: Stephen Amato
Curtis D. Congleton, et al. v. Burley Tobacco Growers Cooperative Association, Fayette Circuit Court, Civil Action No. 06-CI-69 (December 19, 2007) – Final Judgment Attorneys: Robert Maclin and David Cohen
Dorothy Dawhare v. Lobsiger Contracting, LLC; Steven Graves Architects, PSC and Murphy Graves Architects, PLLC, Fayette Circuit Court, Civil Action No. 06-CI-5519 (December 4, 2007). Trial Court determined that services provided by architects, including services performed by its non-licensed employees, were “professional services” as that term is defined in KRS 413.243 and subject to a one year statute of limitations which began to run when Plaintiff learned of alleged defects in construction. Because the Plaintiff failed to bring her action within one year, her claims against architects were DISMISSED.
Old Republic Insurance Co. v. Underwriters Safety & claims, Inc. and Louisville/Jefferson County Metro Government, Civil Action 3:05-cv-343-CRS-DW (W.D.Ky., November 9, 2007) – Memorandum Opinion Granting Plaintiff’s Motion for Summary Judgment, and Denying Defendants’ Motion for Summary Judgment Attorneys: Robert Maclin and David Cohen
Curtis D. Congleton, et al. v. Burley Tobacco Growers Cooperative Association, Fayette Circuit Court, Civil Action No. 06-CI-69 (March 15, 2007) – Opinion and Judgment on “FETRA Tobacco” and Sales Proceeds Thereon Attorneys: Robert Maclin and David Cohen
Kea-Ham Contracting, Inc. v. Floyd County Development Authority, et al., 2006 WL 2193806 (Ky.Ct.App. (Aug. 4, 2006) (unpublished) – Affirming Trial Court’s Summary Judgment Dismissing Defendants Attorneys: Robert Maclin