Michael D. Risley

Currently representing Kentucky bourbon distiller on matters arising from well-publicized collapse of bourbon warehouse.

Currently representing multiple clients in various appellate courts.

Convinced Kentucky Supreme Court to not abandon traditional classification of entrants upon land in premises liability cases. (2018)

Successfully represented plaintiffs before the Kentucky Supreme Court in connection with $100 million judgment partially set aside by the Court of Appeals. (2018)

Successfully represented insurer in Sixth Circuit in plaintiff’s appeal of dismissal of bad faith claims. (2020)

Successfully represented insurer in Kentucky Court of Appeals in plaintiff’s appeal from setting aside of significant default judgment. (2019)

Represented insurer before the Kentucky Supreme Court in significant bad faith verdict. (2017)

Successfully represented insurer before Kentucky Supreme Court in reversal of Court of Appeals dismissal of insurer’s appeal on procedural grounds. (2015)

In re King’s Daughters Health System, Inc., 31 F.4th 520 (6th Cir. 2022): Sought writ of mandamus from Sixth Circuit Court of Appeals on behalf of hospital trying to protect the confidentiality of patient information.

Everest Stables, Inc. v. Rambicure, 803 Fex. Appx. 819 (6th Cir. 2020) (Sixth Circuit affirmed summary judgment granted to insurer on bad faith claim)

PNC Bank, N.A. v. Edwards, 590 S.W.3d 818 (Ky. 2019) (Kentucky Supreme Court clarified jurisdictional issues in Estate litigation)

Community Financial Services Bank v. Stamper, 586 S.W.3d 737 (Ky. 2019) (Kentucky Supreme Court resolved what constitutes a negotiable instrument under the Uniform Commercial Code)

Vogt Power Int’l, Inc. v. Labor Dep’t of Workplace Standards, 585 S.W.3d 169 (Ky. App. 2019) (Dispute over whether Wage and Hour regulations applied to a corporate executive)

Smith v. Smith, 563 S.W.3d 14 (Ky. 2019) (Convinced Kentucky Supreme Court to retain traditional classifications of entrants onto land to define the duties owed the entrant)

Yung v. Grant Thorton, 563 S.W.3d 22 (Ky. 2019) (Kentucky Supreme Court reinstated full award of $80,000,000 in puritive damages to firm’s client)

Gentry v. Tennessee Board of Judicial Conduct, 2018 U.S. App. LEXIS 7629 (6th Cir. 2018) (Sixth Circuit Court of Appeals affirmed dismissal of claims against attorneys brought by opposing party)

Indiana Ins. Co. v. Demetre, 527 S.W.3d 12 (Ky. 2017) (Appeal from significant bad faith verdict against insurer)

Marshall v. Rawlings Co., 854 F.3d 368 (6th Cir. 2017) (2-1 reversal of summary judgment granted employer on employment-related claims)

Davis v. Kentucky Farm Bureau Mut. Ins. Co., 495 S.W.3d 159 (Ky. App. 2016) (Successfully represented insurer in case involving the number of occurrences arising from a tragic death)

Other Significant Appellate Decisions

• Kentucky Farm Bureau Mut. Ins. Co. v. Armfield, 2016 Ky. App. LEXIS 23 (Ky. App. 2016) (Court of Appeals held no coverage existed for loss of consortium claim when no coverage existed for bodily injury claim)
• Kentucky Farm Bureau Mut. Ins. Co. v. Conley, 456 S.W.3d 814 (Ky. 2015) (Ky. Supreme Court reversed Court of Appeals’ dismissal of appeal, recognizing that appeals should be decided on their merits)
• Macglashan v. ABS LINCS KY, Inc., 448 S.W.3d 792 (Ky. 2014) (Kentucky Supreme Court answered certified question of law on employment law issue)
• Hoskins v. Kentucky Farm Bureau Mut. Ins. Co., No. 2012-SC-000731-D (Ky. 2014) (Kentucky Supreme Court deadlocked 3-3 on applicability of a policy exclusion to a spouse’s loss of consortium claim)
• Phelps v. American Reliable Ins. Co., 2014 Ky. App. Unpub. LEXIS 869 (Ky. App. 2014) (Successful affirmance of trial verdict in insurance coverage/bad faith action)
• Smith v. AEGON Cos. Pension Plan, 769 F.3d 922 (6th Cir. 2014) (Sixth Circuit upheld enforcement of forum selection clause contained in ERISA plan)
• Smith v. Commonwealth General Corp., 589 Fed. Appx. 738 (6th Cir. 2014) (Sixth Circuit affirmed dismissal of state law claims based on ERISA preemption)
• Crutchfield v. Transamerica Occidental Life Ins. Co., 527 Fed. Appx. 339 (6th Cir. 2013) (Sixth Circuit affirmed summary judgment for insurer on claims for long-term care benefits and for bad faith)
• Young v. Nationwide Mut. Ins. Co., 693 F.3d 532 (6th Cir. 2012) (Sixth Circuit affirmed certification of plaintiff class in connection with insurer’s address verification process for taxing purposes)
• Cincinnati Ins. Co. v. Motorists Mut. Ins. Co., 306 S.W.3d 69 (Ky. 2010) (Successfully represented appellant before Kentucky Supreme Court on whether a contractor’s faulty workmanship constitutes an occurrence for purposes of a Commercial General Liability policy)
• West v. Tyson Foods, Inc., 374 Fed. Appx. 624 (6th Cir. 2010) (Represented employer in appeal of discrimination claim)
• Cape Publications, Inc. v. University of Louisville Foundation, 260 S.W.3d 818 (Ky. 2008) (Resolving application of Open Records Act to the identity of donors to the University of Louisville Foundation)
• Cincinnati Ins. Co. v. Hofmeister, 2008 Ky. App. LEXIS 313 (Ky. App. 2008) (Reversal of significant insurance bad faith verdict)
• Kentucky Farm Bureau Mut. Ins. Co. v. Rodgers, 179 S.W.3d 815 (Ky. 2005) (Reversal of insurance bad faith verdict)
• Harris v. Peabody Coal Co., 102 Fed. Appx. 482 (6th Cir. 2004) (Affirmance of summary judgment for employer on discrimination claim)
• James v. Kentucky Farm Bureau Mut. Ins. Co., 2003 Ky. App. LEXIS 312 (Ky. App. 2003) (Affirmance of verdict in insurer’s favor on coverage and bad faith claims arising out of school shooting)
• Kroger Co. v. Regional Airport Authority, 286 F.3d 382 (6th Cir. 2002) (Sixth Circuit upheld administrative process client had implemented)
• Global Network Technologies v. Regional Airport Authority, 122 F.3d 1997 (8th Cir. 1997) (Affirmance of summary judgment on claim of fraud in letter of credit being presented for payment)
• United Mine Workers v. Peabody Coal Co., 38 F.3d 850 (6th Cir. 1994) (Affirming summary judgment for employer in WARN Act case on statute of limitations grounds, thereby creating a conflict among the circuits eventually resolved by the Supreme Court)

Appellate Advocacy group, Co-Chair

Louisville Office Recruiting Committee, Member

Business Acceptance Committee, Former Member

Former Office Executive Member, Louisville Office

Diversity Committee, Former Member

Louisville Litigation Service Group, Former Chair

Management Committee, Former Member

Better Business Bureau of Greater Louisville, General Counsel

Episcopal Diocese of Kentucky, Church Attorney

St. Francis School, former long-term Board of Trustees member

University of Kentucky Fellow

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

Best Lawyers in America^®, Appellate Practice (2011-25)

Best Lawyers in America^®, Louisville Area Lawyer of the Year in Appellate Law (2017, 2022)

Kentucky Super Lawyers^® (2013-25)

Louisville Magazine’s “Top Lawyers” for Insurance Law (2013, 2014, 2016)

Finance Monthly, Fintech Awards Insurance & Reinsurance Lawyer of the Year (2019)