Representative Litigation

Since commencing his practice in 1993, Mr. Robertson has tried numerous cases.  Some of his more significant litigation experience includes the following:

• Lexmark International, Inc. v. Static Control Components, Inc., United States District Court, Eastern District of Kentucky. Mr. Robertson served as counsel for Static Control Components, Inc. in a suit brought by Lexmark involving patent, copyright, antitrust and numerous other contract and tort claims. Lexmark sought damages of approximately 100 million dollars. Following a 5 week trial, the jury returned a complete defense verdict and Lexmark took nothing on its claims.
• AGC Flat Glass North America, Inc. v. Pilkington, PLC and Saint-Gobain Ceramics and Plastics, Inc., Madison Circuit Court, Richmond, KY. Mr. Robertson represents Saint-Gobain Ceramics and Plastics, Inc. in a suit involving claims brought by AGC Flat Glass North America, Inc. AGC claims that a NO_x reduction technology created by Pilkington caused a premature failure of refractory products manufactured by Saint-Gobain and used by AGC in its Richmond, Kentucky glass manufacturing plant. AGC is seeking approximately 20 million dollars in damages. The case is currently ongoing.
• United States Achievement Academy v. Pitney Bowes, Inc. and Pitney Bowes Credit Corporation, United States District Court, Eastern District of Kentucky. Mr. Robertson represented Pitney Bowes, Inc. and Pitney Bowes Credit Corporation in an action brought by the United States Achievement Academy. The Plaintiff claimed that it leased certain printing equipment that proved defective and resulted in damages exceeding $1,000,000. The Plaintiff asserted claims for breach of contract, breach of warranty, fraud and negligence. The Trial Court granted summary judgment in favor of Pitney Bowes, Inc. and Pitney Bowes Credit Corporation.
• H. Eugene Melton v. KEMSAC, Inc., et al., Clinton Circuit Court, Albany, KY. Mr Robertson served as counsel for KEMSAC, Inc. and its four principal officers. Mr. Melton alleged that the company and the officers defrauded him into purchasing stock shortly before the company became insolvent. The claims asserted included securities fraud, corporate mismanagement, misrepresentation and negligence. The jury returned a complete defense verdict and awarded the plaintiff nothing on his claims.
• John and Susan Moore v. William Landes, Fayette Circuit Court, Lexington, KY. Mr. Robertson served as counsel for William Landes in a suit brought by John and Susan Moore. The Moores alleged that they had been defrauded in the purchase of the thoroughbred colt TIGER. The matter was arbitrated and a decision was rendered in favor of Mr. Landes As a result, the plaintiffs took nothing on their claims.
• Stone*Wall Farm v. Ronald J. Bamberger, Fayette Circuit Court, Lexington, KY. Mr. Robertson served as counsel for Ron Bamberger in an action brought by Stone*Wall Farm concerning the thoroughbred colt LAWYER RON. Stone*Wall Farm alleged breach of contract and breach of fiduciary duty with regard to the racing career of LAWYER RON. Mr. Bamberger prevailed on Stone*Wall's claim that it was entitled to direct LAWYER RON's racing career. Following this favorable ruling, the remaining aspects of the case were settled.
• Dr. David Lambert v. Ken Ramsey, Fayette Circuit Court, Lexington, Ky. Mr. Robertson served as counsel for Dr. David Lambert in an action brought against Ken Ramsey for breach of an oral contract to pay $250,000 worth of bonuses due to the racing success of the thoroughbred colt ROSES IN MAY. The jury returned a verdict in favor of Dr. Lambert for the full amount of his claim.
• University of Kentucky v. Midland Engineering, Franklin Circuit Court, Frankfort, KY. Mr. Robertson served as counsel for the University of Kentucky in a suit brought by the University against Midland Engineering Company for a fire which occurred during remodeling of the University's Administration Building. The claims were for breach of contract and negligence. The case was settled favorably to the University for several million dollars.
• Rodney Love v. Kern's Bakeries, Johnson Circuit Court, Paintsville, KY. Mr. Robertson defended Kern's Bakeries in a personal injury action involving a motor vehicle accident in which the Plaintiff claimed a brain injury and over $800,000 in damages. At trial, a directed verdict was entered in favor of Kern's Bakeries.
• Jeffrey Isham v. ABF Freight System, Inc., Fayette Circuit Court, Lexington, KY. Mr. Robertson defended ABF in an employment case where the Plaintiff claimed civil rights violations, conspiracy, malicious prosecution and abuse of process. The trial court granted summary judgment in favor of AFB.
• JRN, Inc. v. CGU Insurance Co., United States District Court, Eastern District of Kentucky. Mr. Robertson represented JRN, Inc. in a breach of contract claim against CGU over $200,000 worth of damages to a JRN owned Kentucky Fried Chicken Restaurant. The issue was whether the damages were caused by a covered loss under a policy of insurance. The jury returned a verdict in favor of JRN.
• H&R Mechanical Contractors, Inc. v. Codell Construction Co., Knox Circuit Court, Barbourville, KY. Mr. Robertson was counsel for Codell Construction Company in a construction dispute where the Plaintiff claimed that Codell had improperly performed its duties as construction manager, resulting in delay damages of approximately $350,000. The Trial Court dismissed the complaint and Kentucky's Court of Appeals affirmed.

Reported Cases

• Lexmark International, Inc. v. Static Control Components, Inc., 387 F.3d 522 (6^th Cir. 2004)
• Fields v. Lexington-Fayette Urban County Government, 91 S.W.3d 110 (Ky. App. 2001)

Representative Clients

• Static Control Components, Inc.
• Saint-Gobain Ceramics and Plastics, Inc.
• Pitney Bowes, Inc. and Pitney Bowes Credit Corporation
• Koch Carbon, LLC
• ABF Freight Systems, Inc.
• American Association of Equine Practitioners
• Ducks Unlimited
• Liberty Mutual Insurance Company
• XL Design Professionals Insurance Company

Professional Experience

• Judicial Clerk to both the Honorable Charles R. Simpson III and the Honorable John G. Heyburn II in the United States District Court for the Western District of Kentucky

Honors

• Woodward/White's 2010 edition of The Best Lawyers in America® in Commercial Litigation
• Recognized as one of Lexington, Kentucky's "Rising Stars" in 2002

Education

1993 - J.D., University of Kentucky; Order of the Coif

1990 - B.A., with high distinction, University of Kentucky

Seminars

• "Ten Commandments of Loss Prevention," Kentucky Society of Professional Engineers annual conference, Owensboro, Kentucky, April 2004
• "Arbitration v. Litigation," University of Kentucky annual Construction Law Conference, Lexington, Kentucky, April 2003

Professional Activities and Memberships

• Fayette County, Kentucky and American Bar Associations

Admissions

• United States District Court, Eastern and Western Districts of Kentucky
• U.S. Court of Appeals, Sixth Circuit

Civic Involvement

• Lexington Forum
• Lexington Young Professionals Association

Interests

• golf, running, horse racing

Languages

• Some Spanish