Todd McMurtry – Gerner & Kearns, Co., L.P.A.

335 East Third Street
Newport, KY 41071, United States

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Twombly/Iqbal Held Not Applicable to Evidentiary Standard

In Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 22, 2012) [http://www.ca6.uscourts.gov/opinions.pdf/12a0204p-06.pdf], the Sixth Circuit held that the burden shifting framework applicable to protected-class employment…more
| Civil Procedure, Labor & Employment Law

Twomby/Ibqal Held Not Applicable To Evidentiary Standard

In Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 22, 2012) [http://www.ca6.uscourts.gov/opinions.pdf/12a0240p-06.pdf], the Sixth Circuit held that the burden shifting framework applicable to protected-class employment…more
| Civil Procedure, Labor & Employment Law

Dissolved Corporation Is Citizen of Its State of Incorporation

In a recently decided case, the United States Court of Appeals for the Eleventh Circuit addressed the issue of what status a dissolved corporation has when deciding if diversity jurisdiction exists. Holston Investments, Inc…more
| Civil Procedure

U.S. Supreme Court Confirms Limitations on Rule 54(d) Costs

In a recent decision, the U.S. Supreme Court confirmed the "narrow scope of taxable costs." In Taninguchi v. Kan Pacific Saipan. Ltd., 132 S.Ct. 1997 (2012), Justice Alito examined whether 28 U.S.C. ยง 1920(6), the Court…more
| Civil Procedure

Daubert Downs Another Plaintiff

In Simmons v. Novartis, 11-5053 (Not Recommended for Full-Text Publication), the Sixth Circuit affirmed the district court's decision granting summary judgment after Plaintiff failed to establish specific causation for claimed…more
| Civil Procedure

Bet-the-Company Litigation - What To Do?

Periodically, banks confront cases or threats of litigation that could do serious damage. These so-called "bet-the-company" cases require trial counsel skilled in handling complex matters. When a serious lawsuit is threatened,…more
| Finance & Banking

Private Attorney Hired By City Enjoys Qualified Immunity

In a recently issued opinion, the U.S. Supreme Court held that attorney hired to perform an internal investigation was entitled to seek the protection of qualified immunity. Filarksky v. Delia, 132 S.Ct. 1657 (2012). The case…more
| Civil Procedure

Order Disbarring is Adequate Grounds to Preclude Professional Malpractice Liability Coverage

The Sixth Circuit Court of Appeals ruled recently that the "May 20, 2010 Order of the Kentucky Supreme Court disbarring [Melbourne] Mills from the practice of law is sufficient basis for precluding coverage under [professional…more
| Civil Procedure

Internet Trolling Establishes Jurisdiction over Out-of-State Harasser

The increasingly common practice of "trolling", which is a distince effort to evoke emotion over the internet, has the potential to cause serious injury to people harassed. As the opportunity for tortious conduct spanning…more
| Civil Procedure

A Complaint Need Not Be Both Plausible and Persuasive

In the case, Mediacom Southeast LLC v. BellSouth Telecommunications, Inc. d/b/a AT&T Kentucky, No. 10-6117 (2012), the United States Court of Appeals for the Sixth Circuit recently issued an opinion addressing the Iqbal and…more
| Civil Procedure

Lawyers Super Bowl Blacked Out

Imagine if you spent your whole career trying to get into the big game, then magically your day comes - you will be playing in the Super Bowl! It would be a dream come true. But imagine if there were no cameras to record the…more
| Civil Procedure

"Best Value" Selection of Design Build Firm in Ohio

In June 2011, Ohio law governing public construction projects changed for the first time in 134 years. This law, known as Ohio Construction Reform (OCR), provides for new methods of construction delivery. Design build is one…more
| Construction Law

Appealing An Excessive Punitive Damages Award

Large punitive damages verdicts by nature warrant careful analysis. They frequently implicate constitutional scrutiny under the Due Process Clause of the Fourteenth Amendment. Therefore, state courts, including Kentucky, have…more
| Civil Procedure

Are You Safe From Hackers?

Just this past summer, the Hacker "Anonymous" released reams of information stolen from the FBI. Anonymous reportedly did this to embarrass ManTech, the contractor that handles the FBI's cyber-security. This bold attack shows…more
| Science, Computers, & Technology

Ostrich-like Attorney Reprimanded

Leading jurist and legal scholar Robert Posner, of the United States Court of Appeals for the Seventh Circuit, is know for his writings on law and economics. He can also be a harsh critic of attorneys. In Monica del Carmen…more
| Civil Procedure
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Construction Law
  • Real Estate
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