Jeffrey S. Moad

Obtained dismissal of all claims of a putative class of bettors against Churchill Downs Incorporated relating to the 2021 Kentucky Derby; the Sixth Circuit unanimously affirmed. Mattera v. Baffert, 100 F.4th 734 (6th Cir. 2024)

Counsel for Churchill Downs Incorporated in defeating a motion for preliminary injunction and obtaining dismissal of all litigation brought by Bob Baffert relating to trainer suspension; defeated a motion for a preliminary injunction in subsequent litigation initiated the following year by horse owner. Baffert v. Churchill Downs Inc., 2023 WL 2089221 (W.D. Ky. Feb. 17, 2023).

Counsel for an independent institutional investment consultant in defense of derivative, taxpayer, and Attorney General claims asserted on behalf of a public pension system for alleged breach of statutory and fiduciary duties, civil conspiracy, and aiding and abetting breaches of fiduciary and statutory duties. Overstreet v. Mayberry, 603 S.W.3d 244 (Ky. 2020).

Obtained $1.4 million jury verdict as trial counsel for a small business and its owner asserting fraud and civil conspiracy claims relating to a real estate transaction.

Obtained multiple temporary restraining orders for automotive industry client in trade secret, restrictive covenant, and fiduciary duty litigation concerning competitive employee departures.

Successfully defended a Churchill Downs-Keeneland joint venture from a challenge to the award of a license issued by the Kentucky Horse Racing Commission permitting the joint venture to operate a $200 million racing and gaming facility.

Obtained dismissal of claims asserted under Kentucky’s gambling loss recovery act relating to historical horse racing.

Successfully argued for complete preemption under ERISA of claims against an independent medical record review organization in appeal before the Sixth Circuit, and successfully opposed the petition for a writ of certiorari to the U.S. Supreme Court.

Argued and briefed Sixth Circuit appeal in dispute involving a complex options and futures trading strategy.

Won summary judgment for insurer on all class claims and individual claims in multistate federal court class action involving fixed-index annuities.

Counsel for distiller in putative class action alleging nuisance and trespass relating to ethanol emissions.

Counsel for banks, loan servicers, and finance companies in defense of FCRA, FDCPA, and TCPA claims.

Counsel for regional law firm in dispute involving alleged legal malpractice in the negotiation of a stock purchase agreement.

Counsel for law firm in legal malpractice litigation alleging professional negligence in commercial litigation of trespass, private nuisance, and negligence claims.