Capabilities

Litigation & Appeals

Our litigation and appellate practice spans all substantive legal fields. Seasoned trial lawyers, e-discovery experts, and accomplished writers of legal briefs regularly team with experienced substantive law attorneys from across the firm to deliver high quality legal services to clients needing effective representation in state and federal courts, arbitrations, and administrative proceedings.

The following fourteen major categories listed under Litigation & Appeals Specialty Areas further describe our litigation experience in these areas. In all litigated matters, look to Stites & Harbison to:

  • formulate sophisticated and effective litigation strategies
  • understand and persuasively argue key legal issues
  • identify, manage, and know the contents of relevant documents
  • conduct effective and savvy e-discovery
  • protect privileged, proprietary or confidential information
  • ensure that good faith discovery responses are accurate and uniform
  • prepare all witnesses for optimal deposition performance
  • create and maintain databases and literature files
  • identify knowledgeable and effective experts
  • challenge or discredit unreliable or unscientific testimony
  • use the latest courtroom technology and persuasion techniques with judges and juries
  • analyze appellate issues and craft high-level, readable appellate briefs
Litigation & Appeals Specialty Areas
Main Contacts
What others are saying about us

"Stites & Harbison lawyers do outstanding trial work for us on all types of litigation."

U.S. News & World Report / Best Lawyers - "Best Law Firms" Client Interviews 2017

"We were fortunate to have Stites & Harbison on our side for a very contentious litigation. They applied exactly the right mix of aggressiveness and negotiation to bring our case to a successful conclusion. . . In addition to always being fully prepared, they were always on time. I would and have recommended them to colleagues, and we continue to use the firm's services for purposes that are more enjoyable and lucrative."

U.S. News & World Report / Best Lawyers - "Best Law Firms" Client Interviews 2017
See more related to Litigation & Appeals
Client Alerts

Sixth Circuit: Perfect Attendance Policies Must Not Disadvantage Employees Who Take FMLA Leave

Many employers have policies that reward perfect attendance in some fashion. A recent ruling from the Sixth Circuit makes clear that, in many cases, such policies must not consider leave taken pursuant to the Family and Medical Leave Act (“FMLA”) as something that “resets” the employee’s attendance streak.

by Ashley Owens Hopkins and Robin E. McGuffin August 13, 2019
Press Releases

Stites & Harbison welcomes Elizabeth Anne Bowden to the Nashville office

Stites & Harbison, PLLC welcomes attorney Elizabeth Anne Bowden to its Nashville, Tenn., office.

by Stites & Harbison, PLLC August 02, 2019
Press Releases

Rebecca Weis selected to Leadership Louisville Class of 2020

LOUISVILLE, Ky.—The Leadership Louisville Center has selected Stites & Harbison, PLLC attorney Rebecca Weis to participate in the Leadership Louisville Class of 2020.

by Stites & Harbison, PLLC July 31, 2019
Events

Class Action Litigation in 2019: Trends and Updates to Watch For

Date: 8/20/19
Time: 3:00 p.m. - 4:00 p.m.

Chad McTighe joins The Knowledge Group for this online CLE Class Action webinar covering the trends and updates to watch for in class action litigation.

Chadwick A. McTighe July 30, 2019
Client Alerts

Kentucky Enacts Certificate of Merit Requirement for Filing Medical Liability Cases

The Kentucky General Assembly has enacted KRS 411.167 which now requires a claimant commencing any civil action against a healthcare provider, or long-term care facility, to file a “certificate of merit” when the complaint is filed.

by Ashley W. Ward and Joshua F. Barnette July 23, 2019
Articles

Design Thinking for Litigators

Design thinking is considered by its adherents to be a “systematic approach to innovation and problem solving that is, fundamentally: user centered, experimental, responsive, intentional, and tolerant of failure.”

by Whitney Frazier Watt and Jennifer Henry Jackson June 28, 2019
Press Releases

Demetrius Holloway named to Lawyers of Color's 2019 Nation's Best List

LOUISVILLE, Ky.—Lawyers of Color has named Stites & Harbison, PLLC attorney Demetrius Holloway to its inaugural Nation’s Best list for 2019 in the Southern Region.

by Stites & Harbison, PLLC June 11, 2019
Press Releases

Stites & Harbison named to BTI Brand Elite 2019

LOUISVILLE, Ky.—BTI Consulting Group has named Stites & Harbison, PLLC as a best-branded law firm in its BTI Brand Elite 2019: Client Perceptions of the Best-Branded Law Firms.

by Stites & Harbison, PLLC May 29, 2019
Press Releases

Greg Smith earns 2019 Best of the Bar Honors

NASHVILLE, Tenn.—The Nashville Business Journal honored Stites & Harbison, PLLC attorney Greg Smith with the 2019 Best of the Bar award.

by Gregory D. Smith May 21, 2019
Press Releases

Demetrius Holloway elected to American Diabetes Association's Board

LOUISVILLE, Ky.—The American Diabetes Association (ADA) of Kentucky has elected Stites & Harbison, PLLC attorney Demetrius Holloway to its Community Leadership Board.

by Stites & Harbsion and PLLC May 20, 2019
Press Releases

Jamie Little Appointed to Go Build Tennessee's Board of Directors

NASHVILLE, Tenn.—Go Build Tennessee recently appointed Stites & Harbison, PLLC attorney Jamie F. Little to their Board of Directors.

by Stites & Harbison, PLLC May 17, 2019
Client Alerts

In Hindsight . . . Supreme Court of Kentucky Reaffirms Its Retrospective Approach to Enforcing Liquidated Damages Provisions

The Supreme Court of Kentucky recently reaffirmed its decision in Mattingly Bridge Co. v. Holloway & Son Const. Co. which established the standard for assessing the enforceability of a liquidated damages provision.

by Andrew J. Poltorak May 14, 2019
Press Releases

Chambers USA 2019 Honors Stites & Harbison

LOUISVILLE, Ky.—Chambers USA selected 16 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2019 guide.

by Stites & Harbison, PLLC May 08, 2019
Client Alerts

Public Service Commission of Kentucky Proposes Amending Regulation Governing Uniform Fuel Adjustment Clauses

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.

by Mark R. Overstreet May 07, 2019
Client Alerts

Groundhog Day? Supreme Court Strikes Down Class Arbitration Efforts...Again

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.

by Chadwick A. McTighe, Marjorie A. Farris, and Sarah Cronan Spurlock April 30, 2019
Press Releases

Stites & Harbison attorneys Robert Scully and Jeffery Langer honored by Super Lawyers for 2019

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.

by Stites & Harbison, PLLC April 16, 2019
Articles

Exploring the Alternatives: Courts and Clients Increasingly Look to Mediation and Arbitration in Resolving Disputes

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.

by J. Clarke Keller March 22, 2019
Client Alerts

A Costly Reminder to Continually Re-Evaluate Your IP

The patent process can be frustrating and often involves a significant investment of time and money. As such, it may be tempting to assume that when the Patent Office issues a patent it is safe to assert your rights therein. However, as noted in a recent decision from the District Court for the District of Delaware, doing so may leave you on the hook for attorney’s fees.

by Sean P. Ritchie March 21, 2019
Client Alerts

Mandatory Arbitration, Shortened Statutes of Limitations, and Background Checks for Employees? You Bet!

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.

by Rebecca A. Weis March 14, 2019
Client Alerts

Subcontractor’s Written “Expressions and Complaints” Demonstrate Disapproval, but Fail to Achieve Written Notice of Additional Costs

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.

by Jamie F. Little March 08, 2019