In December 2021, Stephen Keller and Adrianna Long obtained Summary Judgment in the Campbell County, Kentucky Circuit Court on behalf of a commercial insurer. The insureds-plaintiffs had filed a breach of contract and bad-faith action alleging that the insurer had improperly denied them coverage in connection with a fraudulent payroll scam. The Court agreed that…
Read articleIn November 2021, Stephen Keller and Adrianna Long obtained Summary Judgment in the U.S. District Court for the Eastern District of Kentucky on behalf of two commercial insurers. The insurers, who were the declaratory judgment plaintiffs in the action, argued that there was no duty to defend the defendants in connection with various lawsuits filed…
Read articleBarnes Maloney PLLC is pleased to announce that Stephen Keller currently serves as the Newsletter Editor for DRI’s Governmental Liability Committee. On April 15, 2021, Stephen worked with the Committee to publish its Spring Newsletter. This edition is packed with exciting content, including circuit updates, feature articles, and an update on the Committee’s seminar slated…
Read articleIn April 2021, Blake Edwards and Daniel Wenig obtained Summary Judgment in Jefferson Circuit Court on behalf of an automobile dealership that was sued for, among other claims, fraud and violation of the Kentucky Consumer Protection Act. Plaintiff alleged that the automobile dealership falsely conveyed financing terms when it sold her a motor vehicle. Mr….
Read articleIn March 2021, Blake Edwards and Daniel Wenig obtained Summary Judgment in Jefferson District Court on behalf of an individual who was sued for personal property damage. Plaintiff alleged that Defendant negligently damaged her vehicle while located in a parking lot. The Court heard arguments of counsel and ruled that Plaintiff’s lack of evidence was…
Read articleIn March 2021, Blake Edwards and Daniel Wenig obtained Summary Judgment in Jefferson District Court on behalf of an automobile maintenance facility that was sued by a customer for breach of warranty. Plaintiff alleged that the automobile maintenance facility negligently performed work on his vehicle and would not honor the warranty for the work that…
Read articleDavid Barnes and Matthew Londergan recently obtained dismissal of a claim for indemnity and of negligent misrepresentation for their client, a property developer. The action against Mr. Barnes and Mr. Londergan’s client originated as a Third-Party Complaint brought by another property developer, which had purchased a parcel of property from the client. That developer subsequently…
Read articleOn November 25, 2020, Deanna Tucker and Matthew Londergan obtained summary judgment in the Jefferson Circuit Court on a premises liability claim against their client, a local restaurant. The claim arose after the plaintiff allegedly slipped and fell on a recently mopped floor while exiting the restaurant after picking up a “to-go” order. The plaintiff…
Read articleJustin Schaefer and Christopher Jacovitch recently obtained a dismissal of a plaintiff’s 42 U.S.C. § 1983 excessive force claims brought against various officials and employees of the Floyd County, Indiana Jail in a case brought in federal court in the Southern District of Indiana. The Plaintiff claimed that he had been subjected to excessive force…
Read articleIn December 2019, Justin Schaefer obtained summary judgment in the Henderson Circuit Court on claims against the City of Henderson and the City of Henderson Civil Service Commission. The claims arose after an employee was terminated, following a hearing, from her position as a 911 operator due to allegations that she was intoxicated on the…
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