Experience
Representation of International Malt Beverage Manufacturer
Representation of client over last 20 plus years on issues pertaining to distributors, distributorship acquisitions, advertising, employment and labor-related issues, antitrust (Kentucky tied house issues), and regulatory issues governed by Kentucky Department of Alcohol Beverage Control
Negligent Investment Claims
Plaintiffs are two purported beneficiaries of an $80 Million Trust. They assert claims of breach of fiduciary duty against the Trustee, an investment management firm, based on allegedly improper investment management by the Trust's investment manager. The Trustee filed a third-party complaint seeking indemnity and apportionment from our client. Dinsmore has defended the client against the third-party complaint and has asserted all available defenses against the Plaintiffs as well. Dinsmore has taken the lead in deposing the Plaintiffs, one of whom is himself a senior partner in a well established Kentucky law firm. The case has involved substantial expert discovery from leading regional experts in investment management, on issues such as portfolio diversification, concentration, and capital gains taxes.
Breach of Fiduciary Duties Relating to Life Insurance Polices
We brought this case on behalf of a Trust against a broker and the financial services company employing the broker. Our client claimed that the broker and the company had breached multiple duties in advising the Trust to surrender millions of dollars in life insurance policies. The case took place in FINRA arbitration. After substantial document and witness discovery, including expert witnesses on the duties of broker-dealers, the duties of insurance agents, and handwriting analysis, we were able to obtain a very favorable monetary settlement for our client.
Representation of Major National/Regional Bank
Representation in trust and estate disputes, will contests, beneficiary relationship issues and lender liability issues
Representation of Major National Investment Banks
Representation in fraud claims, FINRA broker/dealer actions and negligent trustee claims
Representation of Denominational Foundation and Trust Company
Representation of 200-year old, $1.6 billion denominational foundation, with wholly-owned trust company on issues pertaining to structure, governance, trust, endowments, charitable gift annuities, mutual funds, registered investment adviser issues, and employment matters
Natural Gas Exploration
Regional representation of large privately controlled natural gas exploration company in contract, real estate and environmental actions in Kentucky, Ohio, West Virginia and Pennsylvania.
Representation of Supplemental Insurance and Benefits Company
Kentucky representation of major supplemental insurance and benefits company, including regulatory work, arbitrations, advertising issues and defense of lawsuits
Advice regarding Establishment and Operation of Natural Gas utility (Gas/Water/Sewage)
We are currently assisting a large, municipal water and sewage utility in Kentucky with respect to its plans to enter the natural gas business in order to spur economic development in the region. We are advising the client on all aspects on the statutory and regulatory issues implicated by this new venture, as well as the related issues implicated by its status as a municipal instrumentality. In addition to helping the client navigate these issues, we have also been retained to assist with negotiations regarding gas purchase agreements, transmission and distribution issues, eminent domain issues, and all aspects of the project – “from A to Z” - that will help them secure the supply of gas and deliver it to customers.
Representation of Institution of Higher Education
Representation of theological institution and institution’s board on major contract, corporate and senior management issues
Pharmaceutical Litigation
Managed statewide defense of original manufacturer’s diet drug litigation over a 10-year period, managed ongoing statewide defense of original manufacturer of Fosamax (oral biophosphonates), and managed ongoing statewide defense of original manufacturer of Reglan (metoclopramide).
Video Games Litigation
Successful defense of creator/manufacturer of video games in which the parents of decedents of a high school shooting claimed that the students were shot by a young man who was addicted to violence by video games and movies.
Representation of Manufacturer of Utility Vehicles
State wide defense over a 12-year period of manufacturer of CJ 5 and CJ 7 Jeep vehicles against allegations of vehicle instability, with directive to dramatically reduce claims
Representation of Manufacturer of ATVs and Motorcycles
State wide defense over a 10-year period of manufacturer of ATVs and motorcycles against allegations of vehicle instability, with directive to dramatically reduce claims
Representation of Large Retailer
Represented client on state-wide basis with directive to dramatically reduce claims. Tried 8 to 10 jury trials a year for 7 year period, with 90% rate of success.
Diet Drug Litigation
This multi-year representation included defense of a proposed statewide class action, and dismissal of a proposed medical monitoring class affirmed by the Kentucky Supreme Court. Significant experience in MDL practice and the interplay between state court cases and MDL cases.
Breach of Fiduciary Duties Relating to Large Revocable Trust
We defended a national financial services firm against allegations of breach of fiduciary duty relating to a large revocable trust that became irrevocable at the grantor’s death. Our client served as the corporate trustee for the trust. The co-defendant was an individual co-trustee who had power of attorney for the disabled grantor during her lifetime and was her nephew. The suit was brought by the deceased grantor’s daughter and granddaughter, alleging breach of fiduciary duty relating to the grantor’s disability and competency to make testamentary dispositions – which were in favor of the nephew and other members of his family. We have taken or attended more than 20 depositions, filed motions to disqualify the plaintiff’s experts, and worked with our experts on the grantor’s disability and the fiduciary duties of the corporate co-trustee.
Metoclopramide Litigation
Lead Kentucky counsel in metoclopramide litigation from 2006 through present.
Oral Bisphosphonates (Fosamax) Litigation
We are currently serving as lead Kentucky counsel in oral bisphosphonates (Fosamax) litigation, which has arisen from allegations that the product causes osteonecrosis.
Product Liability Litigation
The Kentucky Supreme Court in a unanimous opinion held that the doctrine of equitable estoppel did not bar a product manufacturer’s statute of limitations defense because of the manufacturer’s alleged concealment of product defects from governmental regulatory agencies. The Court also held that the discovery rule would not be extended to cases not involving latent injuries or illnesses, or professional malpractice.
Tax Litigation
Amicus representation in United States Court of Appeals for the Sixth Circuit concerning whether the IRS appropriately charged heavy truck excise taxes on heavy-truck chassis, when the vehicles were specially designed for off-highway use, even though they could be operated on highways.