Attorneys

Member

Matthew W. Breetz

mbreetz@stites.com

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Mr. Breetz has a sophisticated trial practice and regularly appears in courtrooms across Kentucky, Tennessee, and upon occasion, Southern Indiana. He is co-leader of the firm’s Torts & Insurance Practice Service Group.

Matt defends numerous professionals, including lawyers, insurance agents and brokers, accountants, debt collectors, engineers, title agents, architects and home inspectors in professional malpractice suits throughout the region. Mr. Breetz has a robust practice representing nurses, nursing homes and a variety of allied health professionals in actions alleging significant personal injury or death. Mr. Breetz has a significant premises liability practice, in the past defending a national chain of restaurants throughout the states of Kentucky and Tennessee. He has comprehensive experience in coordinating the defense of hundreds of complex toxic tort cases throughout the country, working as national counsel for one company in asbestos litigation; in addition, Matt has been included in three asbestos jury trials within the past few years. At any given time, Mr. Breetz will also have cases involving motor carrier litigation.

Mr. Breetz is very well versed in both insurance coverage work as well as bad faith litigation, regularly counseling carriers on such issues and defending such clients as necessary.

Capabilities

Practice Areas

Arbitration, Mediation & Alternative Dispute Resolution

Business Litigation

Health Care – Litigation & Investigations

Insurance Coverage, Bad Faith & Regulatory Litigation

Litigation & Appeals

Product Liability Litigation

Professional Liability Litigation

Recent News, Articles & Speaking Engagements

Slow Death of the Tripartite Relationship

Spring 2025 National Legal Malpractice Conference, Charlotte, NC, April 2-4, 2025

with Jennifer M. Guerra

Who Wants To Be A Millionaire

Moderator, 2024 DRI Professional Liability Seminar, New York City, NY, December 5, 2024

Ethical Issues for Today’s Litigator

speaker, 2024 Applied Financial Lines Lawyers Forum, Las Vegas, NV, October 3, 2024

Legal Ethics for In-House Counsel

Kentucky Bar Association In-House Counsel, February 20, 2024

Suits (Not the TV Show). What to Do

Speaker, Kentucky Association of Health Care Facilities (KAHCF) 2023 Annual Meeting, Louisville, Ky., November 14-16, 2023

with Jennifer Henry Jackson

Nursing Home Lawsuits: How To Avoid Risk and What To Expect During the Litigation Process

co-presenter, KAHCF Annual Meeting, November 16, 2022

with Jennifer Henry Jackson

Insurers Need Not Defend Shooting Injury Suit, Judge Rules

by Hope Patti, Law360 Insurance Authority, September 30, 2022

with Neil E. Barton

Stites & Harbison and Tucker Ellis Obtain Defense Verdict in Wrongful Death Mesothelioma Case Where Plaintiff Sought $20.5 Million

Stites & Harbison Case Profile, May 18, 2022 with Joshua F. Barnette

Ethical Considerations for In-House Counsel

2022 Issues for Corporate House Counsel Seminar, Kentucky Bar Association, April 12, 2022

Nursing home Negligence Lawsuits: Common Risk Areas and What to Expect During the Litigation Process

2021 KHACF/KCAL Annual Meeting and Expo, November 9-11, 2021

Case Law Update 2021

Moderator, Fall 2021 National Legal Malpractice Conference, Nashville, TN, September 22-24, 2021

Hot Button Issues - Long Term Care Litigation

Panelist, Kentucky Association of Health Care Facilities Annual Conference, November 2019

Kentucky High Court Restores $80M Punitive Damages Against Firm

Law360, December 13, 2018

with Bethany A. Breetz and Michael D. Risley

Commanding the Courtroom

University of Kentucky College of Law, Lexington, Ky., November 2, 2018

with Thad M. Barnes

Choosing Wisely: Can Picking the Right Client Prevent Malpractice Cases?

2018 Argo Pro Lawyers Professional Liability Conference, Las Vegas, NV, June 14, 2018

Ethical Considerations for CPAs

Mountjoy Chilton Medley LLP, Louisville, Ky., December 11, 2017

Defending Professionals in Court and Before Licensing Boards

DRI Professional Liability Seminar, New York, December 8, 2017

It Wasn’t Me: It Was the Judge

DRI Professional Liability Seminar, New York, December 4, 2015

Division of Loyalties: The Impact of Conflicts of Interest and Waivers

Sixth Annual Lawyers' Professional Liability Risk Management Conference, Las Vegas, Nev., May 16, 2012

Professional Liability and the Restatement of the Law : What is it Restating?

DRI's Professional Liability Seminar, New York, NY, December 15, 2011

Judgmental Immunity for Lawyers

Harmonie Group Professional Liability Seminar, New York, NY, May 13, 2010

Defending Legal Malpractice Claims

DRI's Insurance Coverage and Claims Institute, Chicago, Ill., April 6, 2010

Estate Planning—Being Sued by Persons You Never Met for Things Your Client Did Not Ask You to Do

Legal Malpractice Risk Management Conference, Chicago, February 27, 2008

The Uncertainties in Trial Practice - Do They Constitute Malpractice

Defense Research Institute's For the Defense, March 2007

Prevention and Risk Control

The Harmonie Group's Transportation Industry Seminar, Denver, Colo., November 1, 2006

Crossing State Lines - Ethical and Malpractice Issues Arising From Multi-Jurisdictional Practice

Defense Research Institute's Annual Meeting, San Francisco, Calif., October 12, 2006

Ethical Considerations for the Defense Lawyer

Kentucky Defense Counsel, August 31, 2006

Choice of Jurisdictions

The Harmonie Group Transportation and Trucking Seminar, Chicago, Ill., February 22, 2006

Legal Malpractice Issues Involving Estate Planners

Annual Midwest/Midsouth Estate Planning Institute, University of Kentucky, July 21, 2005

Legal Malpractice: Negligent Settlement Advice

Harmonie Group's Spring Conference, May 13, 2005

State and National Activity in Nursing Home Litigation

Kentucky Association of Health Care Facilities, April 19, 2005

The Strict Privity Rule: A Limit on Estate Planner Liability

For the Defense, published by Defense Research Institute, February 2004

Grounds for Indemnity on Foreign Sourced Products

Defense Research Institute Product Liability Conference, Children's Products Session, February 10, 2004

Nursing Home Malpractice in Kentucky: Successful Case Management from Investigation to Trial

National Business Institute, October 23, 2003

Recent Kentucky Ethics Opinions and Judicial Decisions Concerning Ethical Issues

Louisville Bar Association, June 26, 2003

Experts and Daubert

Real Evidence for the Trial Practitioner in Kentucky, Lorman Education Services, February 6, 2003

Pitfalls with Experts: Turning Your Work Product Into Evidence

Real Evidence for the Trial Practitioner in Kentucky, Lorman Education Services, February 6, 2003

Recent Assignments

Right after Thanksgiving 2021, tried and won an asbestos case related to coal mining equipment in Eastern Kentucky – without calling an expert witness.

Involved in a three-week Kentucky state court trial – resulting in a defense verdict in less than an hour – stemming from allegations of asbestos exposure and resulting mesothelioma from cosmetic talcum powder products.

Recent opinion from Court of Appeals, affirming the trial court, dismissing legal malpractice case on issues related to judicial estoppel.

Obtained summary judgment, affirmed on appeal, in legal malpractice case on issues surrounding plaintiff’s expert’s inability to articulate the standard of care.

In a recent opinion before the Kentucky Court of Appeals, obtained an affirmance of a summary judgment for a lawyer in a case alleging the lawyer owed a duty to a putative class.

Recently tried a two-week wrongful death case (mesothelioma) to verdict in state court in Tennessee representing the only defendant remaining at trial.

In federal court, obtained dismissal of majority of plaintiff’s speculative claims arising from thoroughbred racing issues.

Succeeded on a motion to compel arbitration stemming from an alleged injury at a trampoline park.

Affirmed before the Sixth Circuit an order dismissing a claim against a medical record reviewer on the grounds of ERISA preemption.

Affirmed before the Kentucky Court of Appeals a dismissal order from a trial court in a case against an insurance agency stemming from the loss of a tractor-trailer.

Obtained summary judgment in federal court on bad faith claims against an insurer for allegedly delaying payment after a fire loss, which was affirmed on appeal.

In a Sixth Circuit decision, affirmed summary judgment from the District Court in Kentucky in a case against a prosecutor on the defense of absolute immunity before any discovery was undertaken.

Intimately involved as lead trial counsel, and also on the briefs, in a case decided by the Kentucky Supreme Court requiring jury instructions on the “case within the case” in a legal malpractice action, and determining that “lost punitives” are not recoverable in such cases.

Obtained an opinion from the Kentucky Court of Appeals affirming summary judgment for an insurance agent and agency who were alleged to have been negligent in procuring commercial insurance coverage for a new client of the agency. The issues involved UIM coverage for a truck under a commercial policy, and whether the truck should have been insured under the client’s personal policy.

Tried a nursing home case, for almost two weeks, in Eastern Kentucky, settling well under his client’s position at mediation after obtaining directed verdicts on claims of statutory violations and claims for punitive damages.

Obtained a dismissal of all RICO claims asserted by the plaintiff before the United States District Court of Kentucky, Eastern District, that were asserted against a mortgage lender in a case involving yield spread premiums.

Briefed, argued and obtained a successful result from the Kentucky Supreme Court which affirmed the dismissal via summary judgment of a legal malpractice claim due to the improper assignment of the claim.

Obtained a decision from the Kentucky Court of Appeals affirming a summary judgment obtained in a complex legal malpractice case involving alleged transactional negligence. The decision was based primarily on the Plaintiff’s inability to satisfy the “but for” causation requirement.

Argued and won a case before the Kentucky Supreme Court on issues related to arbitration waiver. The Supreme Court granted discretionary review and reversed decisions from the trial court and Court of Appeals on the issues raised.

In a published decision, had a motion to dismiss granted on behalf of a private prison company in a case where an inmate escaped and allegedly caused harm to others.

Successfully excluded the plaintiff’s sole expert witness in a complex accounting malpractice case less than a week before trial.

Obtained summary judgment for contractor/engineer in two separate counts on the “government contractor” defense, the first of its kind in Kentucky.

Mr. Breetz has tried approximately 40 jury trials.

Bar Admissions

Kentucky

Tennessee

U.S. Court of Appeals for the 6th Circuit

U.S. Court of Appeals for the 7th Circuit

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Western District of Kentucky

U.S. Supreme Court

Firm Leadership

Torts & Insurance Practice Group, Co-Chair

Professional Liability Practice Group, Team Leader

Ethics Committee, Former Chair

Memberships

American Bar Association

Professional Liability Litigation Committee, member

Kentucky Bar Association

Louisville Bar Association

Kentucky Defense Counsel

Former President

Federal Bar Association

Former President of Kentucky Chapter

Defense Research Institute

Professional Liability Committee, Past Chairman

Claims & Litigation Management Alliance

Member; Insurance Coverage Litigation, Insurance Bad Faith and Professional Liability Committees

American Board of Trial Advocates

Professional Liability Underwriting Society

Association of Professional Responsibility Lawyers

Community Involvement

Southeast American Board of Trial Advocates, Board of Directors

Citizens for Better Judges, Steering Committee (2022-present)

Education

J.D.,

1993

University of Kentucky College of Law

B.A., with high distinction, Political Science,

1990

University of Kentucky College of Arts & Sciences

Org / Honor
Phi Beta Kappa
Otis A. Singletary scholarship recipient
Omicron Delta Kappa
Pi Kappa Alpha Fraternity

More Than Stites & Harbison

Mr. Breetz lives and dies University of Kentucky football, when his wife and eleven children give him the opportunity. He formerly coached middle school girl’s lacrosse and announced high school field hockey and lacrosse games. Mr. Breetz is also an advocate for international adoptions, as his family has been blessed with three children from Ethiopia and two children from China. Mr. Breetz is a member of the Board of Directors for Southeast American Board of Trial Advocates and is a member of the Prichard Committee on Academic Excellence.

Accolades

Martindale-Hubbell^® AV-Preeminent^® Peer Review Rated

Best Lawyers in America^®, Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants (2015-25)

Benchmark Litigation magazine, Litigation Star (2020-25)

Kentucky Super Lawyers^® (2009-25)

Louisville Magazine’s “Top Lawyers” for Professional Malpractice – Defense (2013, 2014, 2016)

Contact Resources

Matthew W. Breetz's PDF Matthew W. Breetz's Contact VCF

See more related to Matthew Breetz

Events

Spring 2025 National Legal Malpractice Conference

Date: April 2, 2025 -

April 4, 2025

Omni Charlotte Hotel, 132 East Trade Street, Charlotte, NC 28202-2131

Presented by the American Bar Association’s Standing Committee on Lawyers’ Professional Liability About this Event The premier spring event for legal liability, malpractice, and insurance professionals. Your peers and colleagues from across the nation will gather to explore the transformation of the legal liability field and how the changes impact...

by Matthew W. Breetz and Jennifer M. Guerra

March 19, 2025

Press Releases

Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025

LOUISVILLE, Ky.—The 2025 edition of Kentucky Super Lawyers recently honored 47 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 34 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list. A number of Stites & Harbison attorneys...

by Stites & Harbison, PLLC

December 27, 2024

Press Releases

Benchmark Litigation 2025 Honors 14 Stites & Harbison Attorneys

LOUISVILLE, Ky.—The 2025 edition of Benchmark Litigation names 11 Stites & Harbison, PLLC attorneys as “Litigation Stars” and three as “Future Stars” in Kentucky. The guide honors the firms and attorneys who have demonstrated the ability to consistently handle complex, high-stakes cases in multiple jurisdictions. Stites & Harbison’s honorees include...

by Stites & Harbison, PLLC

October 09, 2024

Press Releases

Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications

Honorees Include 12 as “Lawyer of the Year,” 98 in Best Lawyers in America® and 31 in Best Lawyers: Ones to Watch® in America LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 98 of its lawyers are included in the 2025 edition of The Best Lawyers in America®....

by Stites & Harbison, PLLC

August 16, 2024

Press Releases

Kentucky Super Lawyers® Honors 49 Stites & Harbison Attorneys for 2024

LOUISVILLE, Ky.—The 2024 edition of Kentucky Super Lawyers® recently honored 49 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 35 attorneys to the Super Lawyers® list and 14 attorneys to the Rising Stars® list. A number of Stites & Harbison attorneys...

by Stites & Harbison, PLLC

January 12, 2024

Press Releases

Benchmark Litigation 2024 Honors 14 Stites & Harbison Attorneys

LOUISVILLE, Ky.—The 2024 edition of Benchmark Litigation names 11 Stites & Harbison, PLLC attorneys as “Litigation Stars” and three as “Future Stars” in Kentucky. The guide honors the firms and attorneys who have demonstrated the ability to consistently handle complex, high-stakes cases in multiple jurisdictions. Stites & Harbison’s honorees include...

by Stites & Harbison, PLLC

October 16, 2023

Press Releases

Stites & Harbison, PLLC Lawyers Named to 2024 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 101 of its lawyers are included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence according to the publication....

by Stites & Harbison, PLLC

August 24, 2023

Press Releases

Kentucky Super Lawyers Honors 49 Stites & Harbison Attorneys for 2023

LOUISVILLE, Ky.—The 2023 edition of Kentucky Super Lawyers recently honored 49 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 37 attorneys to the Super Lawyers list and 12 attorneys to the Rising Stars list. A number of Stites & Harbison attorneys...

by Stites & Harbison, PLLC

January 12, 2023

Matthew W. Breetz

Capabilities

Recent Assignments

Bar Admissions

Firm Leadership

Memberships

Community Involvement

Education

More Than Stites & Harbison

Accolades

Contact Resources

Spring 2025 National Legal Malpractice Conference

Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025

Benchmark Litigation 2025 Honors 14 Stites & Harbison Attorneys

Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications

Kentucky Super Lawyers® Honors 49 Stites & Harbison Attorneys for 2024

Benchmark Litigation 2024 Honors 14 Stites & Harbison Attorneys

Stites & Harbison, PLLC Lawyers Named to 2024 Best Lawyers® Publications

Kentucky Super Lawyers Honors 49 Stites & Harbison Attorneys for 2023

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Indiana

Kentucky

Ohio

Tennessee

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