Business Litigation

Fuel adjustment clauses (FAC) have been a feature of electric bills in Kentucky since the 1950s. An FAC adjusts on a monthly basis the kWh rate paid by customers for electricity to reflect changes in the cost of fuel, and in many instances, purchased energy.

In what finally may prove to be the effective death knell for most efforts to pursue class-wide arbitration, a closely-divided United States Supreme Court has now held that a party cannot be required to arbitrate claims on a class-wide basis unless the arbitration agreement clearly contemplates such a possibility.

ALEXANDRIA, Va.—The 2019 editions of Virginia Super Lawyers and Washington DC Super Lawyers have honored attorneys Robert E. Scully, Jr. and Jeffery P. Langer, Ph.D., of the Alexandria, Va., office of Stites & Harbison, PLLC.

In recent years, as courts have become more congested and business dealings have grown more complex, mediation and arbitration have grown in both prevalence and popularity as alternatives for civil litigation, both locally and across the country.

In October 2018, the Kentucky Supreme Court issued a far-reaching opinion voiding all Kentucky employer-employee arbitration agreements which were made a condition of an individual’s employment. On March 13, 2019, however, the Kentucky Legislature rejected that opinion, passing a bill that not only claws back the ruling but significantly expands employers’ options for imposing conditions on the employer-employee relationship.

On February 4, 2019, the U.S. District Court for the District of Maryland in Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 4, 2019), held that written “expressions of frustration” and “general complaints” made by a subcontractor regarding alleged project mismanagement were insufficient to sustain a labor inefficiency claim for additional project costs against the general contractor.

LOUISVILLE, Ky.— Finance Monthly recently honored Stites & Harbison, PLLC attorney Mike Risley in the 2019 edition of the Fintech Awards.

ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Walker Entwistle were recently honored in the 2019 Georgia Super Lawyers magazine.

NASHVILLE, Tenn.—The Litigation Counsel of America (LCA) has named Stites & Harbison, PLLC attorney John Wingo as a Fellow of this peer-selected and invitation-only trial lawyer honorary society.

LEXINGTON, Ky.—The Construction Lawyers Society of America (CLSA) has elected Stites & Harbison, PLLC attorney Cassidy Rosenthal as a Fellow in its organization.

Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause.

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that five attorneys have been promoted within the law firm effective January 2019.

LOUISVILLE, Ky.—Stites & Harbison, PLLC announces the addition of three attorneys to the firm. Two are based in the Louisville, Ky., office; one is based in the Lexington, Ky., office. All are admitted to practice in Kentucky.

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

NASHVILLE, Tenn. —Williamson, Inc. recently appointed Stites & Harbison, PLLC attorney John Wingo to its 2019 board of directors. He will serve a three-year term.

NASHVILLE, Tenn.—The 2018 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and five were named to the Rising Stars list. Of...