In July 2017, Mike Maloney and Blake Edwards obtained Summary Judgment in Jefferson Circuit Court on behalf of a construction company that was sued following a fatal boating accident on the Ohio River. The descendants’ estates asserted negligence claims against the construction company, alleging that its construction activities caused or contributed to the subject accident. The…
Read articleIn June 2017, Mike Maloney and Blake Edwards successfully obtained a dismissal of all claims in Jefferson Circuit Court on behalf of an employee and an employer, who were sued for negligence and vicarious liability arising from a motor vehicle accident. During the course of discovery, Plaintiff failed to comply with multiple Orders from the…
Read articleIn June 2017, Terri Boroughs and Noel Halpin successfully defended a cardiovascular and thoracic surgeon in a jury trial in Fayette County, Kentucky. The allegations included a lack of informed consent and the improper performance of a thymectomy surgical procedure. The Plaintiff alleged that the surgeon failed to appropriately inform her of the risk of…
Read articleIn June 2017, Blake Edwards successfully obtained a dismissal of all claims in Jefferson Circuit Court on behalf of a landowner, who was sued for allegations of negligent maintenance of a rental property that allegedly caused Plaintiff to trip and fall. During the course of discovery, Plaintiff failed to comply with multiple Orders from the…
Read articleIn May 2017, Richard Schiller and Noel Halpin obtained a defense verdict on behalf of a general surgeon following a jury trial in Grayson County, Kentucky. It was alleged that the surgeon was negligent in his removal of a PEG tube and in the subsequent follow-up care that he provided. The Plaintiff went on to…
Read articleUPDATE: In September 2016, the Kentucky Court of Appeals held that PIP insurers cannot deny such benefits based solely on independent medical reviews. In Houchens v. GEICO (2014-CA-002017), the Court of Appeals reversed a summary judgment in favor of GEICO, which had used “paper reviews” from retained physicians to terminate no-fault benefits for two claimants. It reasoned that Kentucky…
Read articleIn February 2017, Mike Maloney and Blake Edwards obtained Summary Judgment in Jefferson Circuit Court on behalf of an insurance company that was sued for underinsured motorist benefits. The Plaintiff was a passenger in a single motor vehicle accident that occurred in Louisville, Kentucky. At the time of the accident, the Plaintiff resided with her…
Read articleStephen Keller is the author of an article entitled “Overcoming Special Obstacles in Non-Party Discovery” which has been published in the Fall-Winter 2016 edition of the Kentucky Defense Counsel’s Common Defense magazine. His article examines the Interstate Depositions and Discovery Act, the process for obtaining commissions from Kentucky state courts for out of state documents and…
Read articleRichard Schiller successfully argued recently that the athletic participants exclusion applied to exclude CGL coverage where the injured party was engaged in a practice session for a college sport when he died. The United States 6th Circuit Court of Appeals decided that a wrongful death claim involving a student athlete who died while participating in…
Read articleSchiller Barnes Maloney is pleased to announce that Blake Edwards has been invited to join the prestigious Claims and Litigation Management Alliance. The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration the organization’s goals are to create…
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