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Representative Cases

Here are just a few of the notable appellate cases in which we have prevailed on behalf of our clients.

Shawnee Telecom Resources, Inc. v. Brown.

Duane obtained a decision from the Kentucky Supreme Court reversing a Court of Appeals decision which was adverse to our client. The Supreme Court decision establishes the business valuations standards for shareholder dissenters’ rights cases in Kentucky.

Gambon v. Estill County Energy Partners, et al.

Duane obtained a reversal in the Kentucky Court of Appeals of a trial court decision “piercing the corporate veil” and holding our client liable for the debts of a corporation she owned.

Freeman Corporation v. Tomen America, Inc.

Duane represented the Plaintiff and obtained a $6.5 MM judgment against a Japanese conglomerate for fraud, breach of contract and breach of fiduciary duty. The case was reported in Business Week – “For Japan Inc., A Kentucky Whipping.”

Manhattan, Inc. v. Clark

Duane represented the owners/defendants in this struggle over one of the largest and most valuable tracts of undeveloped land in the Lexington urban service area. The owners received a summary judgment terminating their contract with the developer. The judgment was upheld on appeal.

American Engineering Company v. Hanover Insurance

Duane represented the plaintiff in this insurance bad faith coverage case. The insurance company twice obtained a favorable judgment in the federal district court and twice the judgments were overturned in the Court of Appeals for the Sixth Circuit. (Hanover Ins. Co. v. American Engineering Co., 105 F.3d 306 (6th Cir. 1997) and Hanover Ins. Co. v. American Engineering Co., 33 F.3d 727 (6th Cir. 1994.)) The case was settled after the second appeal.