Law Firm in Louisville, KY
FMHD was founded in 1995 by four litigation partners from a large regional law firm, and has grown steadily by focusing on commercial litigation for businesses and individuals nationwide. We also handle constitutional and public interest litigation, employment matters, and personal injury litigation for plaintiffs and defendants, and we have several substantial healthcare clients for whom we do litigation and business counseling. We are dedicated to providing the comprehensive abilities of a large firm, while ensuring the personal responsiveness and economical value generally available only in a small firm. We are experienced and practical. We are aggressive and hard-working. And we strive to be easy to work with, direct and thoroughly honest. We have established efficient billing practices and unlike many firms in the area, we account for disbursements and other charges without any mark-ups to our clients.
101 South Fifth Street, 2700 National City Tower
Louisville KY 40202
Areas of Law
-Civil Litigation -Arbitration -Antitrust -Construction Law -Constitutional Law -Civil Rights -ERISA -Financial Institution -Lender Litigation -Insurance Coverage -Health Care -Intellectual Property -Product Liability -Securities -Estate Litigation -Corporate Law -Mergers, Acquisitions and Divestitures -Real Estate -Franchises and Franchising -Finance
Born New York, N.Y. (1966); admitted to bar: California (1990), Kentucky (2003). Admitted to practice, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Seventh Circuit, U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California, the Eastern and Western Districts of Kentucky, and the Southern District of Indiana. Education: University of Florida (B.A. High Honors, 1986); Phi Beta Kappa; University of Virginia School of Law (J.D., 1990).
Associate (1991-1998), Partner (1999-2002), Jeffer, Mangels, Butler & Marmaro LLP, Los Angeles, California. Associate (1990-1991), Katten, Muchin, Zavis & Weitzman, f/k/a Wyman Bautzer Kuchel & Silbert, Los Angeles, California. Member, American Bar Association and Louisville Bar Association.
Practice Area: Business and Health Care litigation.
Until her relocation to Louisville in 2002, A.J. was a partner at a prominent Los Angeles law firm. During her years of practice in California, she handled a wide variety of litigation matters in state and federal courts for both plaintiffs and defendants involving, among other things, securities fraud, unfair competition, professional negligence, business torts, real estate and contract disputes, franchise disputes, eminent domain, healthcare, and intellectual property.
In Kentucky, A.J. has devoted a majority of her practice to representation of major healthcare companies in business disputes involving ERISA and other health care-related matters. As part of her wide-ranging health care practice, A.J. has litigated issues involving Medicare, Medicaid, FEHB, HIPAA, COBRA, and the prompt pay and other health care-related statutes and regulations in numerous states. A.J. has litigated cases throughout California and Kentucky in state and federal courts, as well as numerous other jurisdictions throughout the country, including Florida, Ohio, Indiana, Missouri, New Jersey, Texas, Oklahoma, and Louisiana. She also has experience before administrative tribunals, including the motor vehicle boards and workers' compensation courts of various states, and has engaged in all types of alternative dispute resolution, including arbitration and mediation.
University of Virginia School of Law
Juris Doctorate, 1990
Born Louisville, KY, 1965; admitted to bar, 1992, Kentucky; 1993, Indiana. Education:Bellarmine University (B.A., Accounting, 1987); University of Virginia (J.D. 1992). Member: Louisville, Kentucky and Indiana Bar Associations; American Bar Association (Health Law
Section); American Health Lawyers Association; Kentucky Society of CPA's; American Institute of Certified Public Accountants.
Practice Areas: Health Care, Litigation, Business
Ben Fultz, the firm's managing partner, has a wide range of experience in complex litigation, corporate and health care issues. He is licensed to practice in both Kentucky and Indiana. Ben is also a certified public accountant, and practiced with a Big Four accounting firm before attending law school.
In the health care area, Ben has a national practice and has litigated cases in more than 30 states. He has represented hospitals, skilled nursing facilities, assisted living facilities, rehabilitation hospitals, ICF/MRs, ancillary providers (including rehabilitation therapy, respiratory therapy and diagnostic imaging), institutional pharmacies, DME companies, staffing companies, physician practice groups and individual physicians. His experience includes not only litigation, but also counseling clients on business relationships, transactions, reimbursement issues, restructuring, government investigations, regulatory issues, and qui tam lawsuits.
Ben litigated and successfully resolved a dispute between his client (a national health care provider) and another provider that involved the interpretation of successor liability as it relates to the assumption of a Medicare provider agreement. In another matter, he represented a national ancillary provider and obtained a judgment against a large nursing home operator.
Ben regularly represents providers in litigation against insurance and managed care companies, negotiates contracts between providers, and litigates disputes for and against providers. Ben also prosecutes Medicare and commercial payer appeals on behalf of providers.
In the business area, Ben regularly litigates corporate governance issues, fiduciary duty cases, and commercial disputes. Drawing on his experience as a CPA, he is regularly asked to litigate cases that involve financial analysis, including disputes over earn-out agreements and other financial terms included in business contracts. Ben has also handled numerous freeze-outs/
squeeze-outs involving shareholder disputes in closely held businesses.
Ben joined the firm after having served as Litigation Counsel and Director of Finance with a Fortune 500 health care company for approximately four years. In that position, Ben was responsible for all litigation involving the company and its subsidiaries. Ben regularly litigated health care (including reimbursement issues), contract, securities and employment cases. His other duties included managing various finance departments for a major division of the company.
University of Virginia
Juris Doctorate, 1992
Born in St. Louis, Missouri in 1978, Daniel was admitted to the Kentucky bar in 2011 and is admitted to practice in the United States District Courts for the Eastern and Western Districts of Kentucky and the United States Court of Appeals for the Sixth Circuit. Daniel received a B.A. in English and Classics from the University of Kentucky in 2000 and received his J.D. (Magna Cum Laude, Order of the Coif) from the University of Kentucky College of Law in 2011, where he was the Technical Manager for the Kentucky Law Journal and received the Colvin P. Rouse Award for Best Writing for Kentucky Law Journal for his note You Can Have It, But Can You Hold It?: Treating Domain Names as Tangible Property, 99 Ky. L.J. 1985 (2011).
Daniel joined the firm in 2013. He focuses his practice on commercial litigation. Prior to joining the firm, Daniel served as a law clerk for United States District Court Chief Judge Jennifer B. Coffman of the Eastern and Western Districts of Kentucky. Before attending law school, Daniel designed and programmed websites in Lexington, Kentucky.
University of Kentucky College of Law
Juris Doctorate, magna cum laude, 2011
Born in Louisville, Kentucky (1976). Admitted to bar: Kentucky (2002) and Ohio (2003). Admitted to practice in the United States Court of Appeals for the Sixth Circuit, United States District Court for the Eastern and Western Districts of Kentucky, United States District Court for the Southern and Northern Districts of Ohio, and the United States District Court for the Southern and Northern Districts of Indiana.
Education: Centre College (B.A., English, 1999). University of Louisville Brandeis School of Law (J.D., cum laude, 2002); Executive Editor, Brandeis Law Journal.
Elizabeth concentrates her practice in the areas of bankruptcy, creditor's rights and commercial litigation and represents banks, corporations, trustees, and other interested parties in complex bankruptcy matters and litigation. Elizabeth has successfully represented parties in commercial, healthcare and consumer insolvency matters, from pre-suit negotiation up through the appellate courts. In 2010, Elizabeth won summary judgment for a lender in a series of Indiana cases involving loan securitization practices. She is experienced in fraudulent transfer and non-dischargeability litigation, in the context of both individual and business matters. Elizabeth has represented and advised interested investors and creditors through the Chapter 11 bankruptcy process in cases in Kentucky, Ohio and Indiana.
Elizabeth is a regular speaker for the Credit Abuse Resistance Education program, which seeks to educate high school students about managing credit and the risks of poor credit choices. She is a member of the Louisville Bar Association and the Kentucky Bar Association.
University of Louisville Brandeis School of Law
Juris Doctorate, cum laude, 2002
Born Louisville, Kentucky, 1982; admitted to bar, Georgia (2009), Kentucky (2010); registered to practice patent cases before the United States Patent and Trademark Office (2009).
Education: University of Kentucky (B.S. Electrical Engineering, summa cum laude, 2004); University of Kentucky College of Law (J.D., summa cum laude, Order of the Coif, 2009).
Everett joined the firm in 2009. He focuses his practice primarily on business and real estate transactions, including commercial leasing, and mergers and acquisitions. Everett also focuses his practice on healthcare regulatory matters, including compliance with the anti-kickback and Stark laws, and both non-physician and physician contracting.
Before attending law school, Mr. Nelson spent two years in a General Electric management program where he worked in jobs across the GE supply chain and received extensive management training. While at GE, Mr. Nelson held roles in production management, supplier quality and purchasing.
University of Kentucky College of Law
Juris Doctorate, summa cum laude, 2009
Born in Corbin, Kentucky (1976); admitted to bar, Kentucky (2006). Gabe received a Bachelor of Science in Economics from Centre College (1998) and a Master of Business Administration from the University of Louisville (2001). Following undergraduate and graduate school, Gabe worked as a credit analyst in the commercial lending department of a regional bank and as a financial analyst with a real estate development company. Gabe received his Juris Doctor from Salmon P. Chase College of Law (2006). Upon admission to the bar, Gabe began his legal career with a boutique law firm in Louisville, Kentucky focusing his practice in the areas of business and finance law and commercial and residential real estate transactions. Prior to joining Fultz Maddox Hovious & Dickens PLC in 2013, Gabe owned and operated his own law practice and title company in Louisville, Kentucky.
Today, Gabe concentrates his practice in the areas of business and finance law, real estate and title insurance. As counsel to various institutional lenders and borrowers, Gabe has successfully negotiated, structured, documented and closed numerous commercial loans for the new construction, purchase or refinancing of retail centers, medical offices, multifamily housing, industrial properties, senior housing and assisted living facilities. In addition to his finance practice, Gabe routinely assists and counsels real estate developers and investors in connection with the acquisition, financing, leasing, development and liquidation of commercial real estate.
Salmon P. Chase College of Law
Juris Doctorate, 2006
Born Evansville, IN (1962); admitted to bar: Kentucky (1994), Illinois (2013). Admitted to practice: U.S. Supreme Court, U.S. Court of Appeals for the Sixth Circuit, U.S. District Courts for the Eastern and Western Districts of Kentucky. Education: University of Louisville (B.S., 1988) (J.D., 1994).
Practice Areas: Products Liability, Toxic/Mass Tort, Personal Injury, and Healthcare.
Trial and Litigation Experience:
Scott defends national and regional companies in litigation involving products liability, with a concentration in toxic/mass tort. Building on his trial experience, Scott has developed a unique and common sense approach to defending product manufacturers and premises owners in toxic/mass tort, products liability, and personal injury litigation.
Scott also serves as National Coordinating Counsel for a home health and hospice company with operations throughout the United States . He provides advice to the company's General Counsel, officers, and employees and supervises local counsel in the litigation of general liability, professional liability, and employment related disputes.
Scott has tried eighteen civil cases as lead defense counsel in Kentucky's state and federal courts. These trials involved claims of premises liability, professional liability, federal civil rights violations, and automobile negligence with alleged injuries and damages that included soft tissue type injuries, traumatic brain injuries, catastrophic injuries, and psychiatric impairments. Scott has argued before the appellate courts of Kentucky and has successfully handled a variety of appeals.
Scott is AV rated by his peers as part of the Martindale-Hubbell evaluation process, the highest possible ranking for ethical standards and professional ability.
University of Louisville
Juris Doctorate, 1994
Born in Louisville, Kentucky in 1978. Jason is a graduate of Western Kentucky University, and he received his J.D. from the University of Louisville Brandeis School of Law. During law school, Jason was a member of the national moot court team and served on the University of Louisville Law Review.
Jason focuses his litigation practice on appeals, commercial litigation, general employment defense, and issues related to arbitration. Prior to joining the firm, Jason practiced for a number of years in the litigation department of a large, multi-state law firm.
Before practicing law in the private sector, Jason served as the Chief of Staff to the Office of the Chief Justice and as the Director of the Administrative Office of the Courts. As the top administrative official for Kentucky's courts, he gained invaluable experience working closely with justices of the Kentucky Supreme Court, judges of the Court of Appeals, trial judges, and circuit court clerks. In addition to being directly responsible for the court's internal operations ($300 million budget and 3,500 employees), he was responsible for advancing the interests of the Court of Justice in the legislative and executive branches as well as in each county. By virtue of those positions, Jason was able to develop close working relationships with key elected and appointed officials. In addition to representing clients in federal and state courts across the Commonwealth, Jason has significant experience representing the interests of clients in Frankfort and in county seats from Hickman to Pikeville.
As a result of his unique background, Jason understands first-hand the stresses of running a business and appreciates the importance of getting things done whether or not litigation is required.
University of Louisville Brandeis School of Law
Born in Louisville, Kentucky 1978; admitted to bar, Kentucky (2003), District of Columbia (2004). Admitted to practice: United States District Court for the Eastern and Western Districts of Kentucky, United States District Court for the Southern District of Indiana, United States District Court for the District of Colorado. Education: University of Notre Dame (B.A., Government, magna cum laude, Pi Sigma Alpha, 2000); University of Kentucky College of Law (J.D., Order of the Coif, Kentucky Law Journal Symposium Editor, 2003). Judicial clerk: U.S. District Court for the Western District of Kentucky, Hon. John G. Heyburn, II (2003-2004). Associate (2004-2007): Jones Day, Washington, D.C.
Practice Areas: Business, Healthcare and Employment Litigation; Toxic Torts and Products Liability
After graduation from law school, Jenny served as a law clerk for United States District Court Chief Judge John G. Heyburn, II, of the Western District of Kentucky. Jenny spent the next two and a half years of her legal practice as a general litigation associate at the Washington, D.C. office of a large national law firm. There she worked on a variety of class actions involving antitrust price-fixing and employment wage and hour disputes, as well as cases involving corporate criminal investigations.
Since joining the firm in January 2007, Jenny has maintained her practice in commercial litigation. Jenny has also expanded her practice to include: representation of major healthcare companies in business disputes and other health care-related matters, defending product manufacturers and premises owners in toxic tort, products liability, and personal injury cases, employment litigation on behalf of plaintiffs and defendants, and most recently trust and estate litigation. She has experience in trials, appellate practice in both state and federal courts, injunctive relief hearings, taking and defending depositions as well as representing clients in complex motion practice.
Outside the office Jenny is active in the Louisville community. She is a board member of the Younger Woman's Club of Louisville where she acts as the co-chair for the Lifestyles Committee, is a board member for Pregnancy Resource Center, and she teaches at children's church at St. Agnes Catholic Church.
University of Kentucky College of Law
Juris Doctorate, 2003
Born London, Ky. (1960); admitted to bar: Kentucky (1988). Admitted to practice: U.S. Supreme Court, U.S. Court of Appeals for the Sixth Circuit, U.S. District Courts for the Eastern and Western Districts of Kentucky. Education: Centre College (B.A., with distinction, 1982); Harvard University (J.D., 1988). Class Marshal; Co-Winner of Williston Competition for Negotiation and Contract Drafting.
Court Administrator, Kentucky Administrative Office of Courts (1982-84). Associate (1988-95): Brown, Todd & Heyburn, Louisville, Ky. Author: "Section 2 of the Kentucky Constitution Where Did It Come From and What Does It Mean?" 18 N. Ky. U.L. Rev. 503 (1991). Representative Cases: Commonwealth of Ky. v. Ken Corey, Judge, Jefferson Circuit Ct., 826 S.W.2d 319 (Ky. 1992); Abbott v. Pipefitters Local No. 522 Hospital, Medical, and Life Benefit Plan, 94 F.3d 236 (6th Cir. 1996); In re Hughes & Coleman, 69 S.W.3d 540 (Ky. 2001); JP Morgan Chase Bank, N.A. v. Longmeyer, 215 S.W.3d 697, 2009 WL 160415 (Ky. 2009); Legislative Research Commission v. Fischer, 366 S.W.3d 905 (Ky. 2012).
John David concentrates his practice in commercial, contract, constitutional and trust litigation, but also does appellate and motion practice, and contract drafting. He began his career as a corporate associate at a large Louisville firm, where he performed due diligence and documentation work for mergers, acquisitions, and bond transactions and drafted a wide variety of contracts. John David co-authored a chapter on business franchising for a treatise on Kentucky business organizations.
From 1990 until 1998, John David concentrated on litigation and arbitration matters. Having a strong interest in political and constitutional matters, John David helped defend a Kentucky governor whose self-appointment to a university board of trustees was challenged by the state's Attorney General. Later, John David has successfully challenged the constitutionality of a state legislative redistricting plan, and has published articles on Kentucky constitutional law, apportionment issues in the context of multi-defendant tort cases, and regulation of judicial candidates' speech.
John David has been in-house counsel for a Louisville-area manufacturing company with national operations. He handled litigation matters as well as employment, commercial, and intellectual property law matters, which provided him with a valuable understanding of what lawyering looks like from the client's perspective.
John David has an "AV" Peer Review Rating from Martindale-Hubbell and has been included in the listing of "Top Lawyers" in the categories of Appellate Law, Commercial Law, Constitutional Law and Personal Injury Law in Louisville Magazine.
In addition to his practice, he writes a regular political column for WDRB.com that is also carried in newspapers in Bowling Green, Danville, Glasgow, Hopkinsville and Paducah. He wrote a regular political column for The Courier-Journal newspaper for ten years and has served as a political commentator for Kentucky Educational Television. John David is a frequent speaker to community groups, and was honored by a local business publication as one of that newspaper's "Forty Under 40" rising community leaders.
He is the author of Republican Leader: A Political Biography of Senator Mitch McConnell, published by ISI Books. He has appeared as a guest on C-SPAN's Washington Journal, The Sean Hannity Show and Fox and Friends.
Juris Doctorate, 1988
Born Pusan, South Korea, 1986; admitted to bar, Kentucky (2012), Indiana (2013); admitted to practice United States Court of Appeals for the Sixth Circuit; United States District Courts for the Western and Eastern Districts of Kentucky; United States District Court for the Southern District of Indiana; and United States District Court for the Northern District of Illinois.
Education: Bryn Mawr College (B.A. History with Honors, magna cum laude, 2007); College of William & Mary School of Law (J.D. 2012); Order of Barristers; Articles Editor William & Mary Journal of Women & the Law; Author "Better Dead Than Co-Ed? Transgender Students at All-Women's Colleges," 18 Wm. & Mary J. of Women & L. 135 (Fall 2011); Associate Justice on Moot Court Board; Member Kentucky Bar Association and American Health Lawyers Association.
Laura joined the firm in 2012. She focuses her practice on commercial litigation and healthcare matters. Before attending law school, Laura participated in the Fulbright Program where she spent a year in Hong Kong teaching English to Chinese students.
College of William & Mary School of Law
Juris Doctorate, 2012
Born Madisonville, Kentucky (1980); admitted to bar: Texas (2005); Kentucky (2011). Admitted to practice: United States Supreme Court, Western District of Kentucky, Eastern District of Kentucky, Southern District of Texas and Western District of Texas.
Education: Vanderbilt University (B.A. magna cum laude, 2002); University of Texas School of Law (J.D. with honors, 2005). Member, Kentucky Bar Association, Texas Bar Association, Austin Bar Association, Appellate Section.
Practice Areas: Business and health care litigation.
Leigh began her career at Baker Botts, LLP in Dallas, Texas, where she practiced in the area of state and local tax law, advising clients on a variety of issues related to state and local tax planning, controversy, and legislation. She also analyzed state and local tax consequences of transactions involving oil, natural gas, and alternative energy sources.
Prior to joining Fultz Maddox Hovious & Dickens PLC, Leigh served as senior Staff Attorney to Justice Diane Henson of the Texas Third Court of Appeals.
Leigh now focuses her practice on business and healthcare litigation.
-Co-Author, TX Courts of Appeals Update Procedural, The Appellate Advocate, July 2009
-Co-Author, Case Law Update, Advanced Texas Administrative Law Seminar CLE materials, August 2008
-Co-Author, Case Law Update, Advanced Texas Administrative Law Seminar CLE materials, August 2007
University of Texas School of Law
Juris Doctorate, with honors, 2005
Born: Bowling Green, KY (1967), admitted to bar: Kentucky (1997). Admitted to practice: U.S. Court of Appeals for the Sixth Circuit; U.S. District Courts for the Eastern and Western Districts of Kentucky and Southern District of Indiana.
Education: Western Kentucky University (B.A., 1989); University of Georgia (M.A., Sigma Tau Delta, 1992); Washington and Lee University School of Law (J.D., 1997). Award: Most Outstanding Woman Law Student; Charles V. Laughlin Award for most outstanding contribution to moot court competition; Associate Justice on Moot Court Board; Runner-up in John W. Davis Moot Court competition. Author: "The Incredible Shrinking Writ, Part II: Habeas Corpus Under the Anti-Terrorism and Effective Death Penalty Act of 1996," 9 Cap. Def. J. 55 (Spring 1997). Judicial clerk: U.S. District Court for the Northern District of West Virginia, Hon. Frederick P. Stamp, Jr., Chief Judge (1997). Member of Louisville and Kentucky Bar Associations.
Practice areas: Commercial litigation, business related torts, employment discrimination, bankruptcy and personal injury.
Mary has a range of experience in complex commercial, lender liability, contract and related torts, employment discrimination, commercial lease, commercial code, and personal injury litigation. She has represented several large Kentucky companies, commercial developers, and national banking associations, as well as individuals. She has appeared at the trial and appellate court levels in the state and federal courts of Kentucky and Ohio.
In 2003, Mary won summary judgment in a lender liability action in federal court in which the plaintiffs sought damages based on breach of contract, breach of an implied covenant of good faith and fair dealing, commercially unreasonable disposition of collateral, negligence, and breach of fiduciary duty. In that same case, Mary also obtained summary judgment in favor of the bank on its counterclaims for collection.
Mary also successfully tried a six-week long lender liability action in state court. The jury returned a defense verdict, and also awarded a judgment in favor of the bank on its collection claims. Mary's recent trial experience includes a successful personal injury suit in which she recovered damages against a well-known franchisee for its employee's negligent conduct.
Mary first joined the firm in 1997, following her clerkship, and recently rejoined the firm after spending two years continuing her commercial litigation practice at Woodward, Hobson & Fulton.
Washington and Lee University School of Law
Juris Doctorate, 1997
Born Louisville, Kentucky (1981). Education: New York University School of Law (J.D., cum laude, 2008); Arizona State University (B.S. in Finance, magna cum laude, 2003). Admitted to bar: New York (2009); Kentucky (2014). Admitted to practice: United States District Courts for the Southern, Eastern, and Northern Districts of New York; United States District Court for the Western District of Kentucky; and U.S. Court of Appeals for the Sixth Circuit.
Matt joined the firm in 2013 and focuses his practice on commercial litigation and healthcare matters. Immediately prior to joining the firm, Matt spent one and a half years serving as a law clerk for United States District Judge Charles R. Simpson III of the Western District of Kentucky. Prior to his clerkship, Matt served for three and a half years as an Assistant District Attorney in the Appeals Bureau of the New York County District Attorney's Office. As an Assistant District Attorney, Matt briefed and argued three cases before the New York Court of Appeals, New York's highest court, and numerous others before the New York Appellate Division, First Department.
New York University School of Law
Juris Doctorate, cum laude, 2008
Born in Owensboro, Kentucky, Natalee received her Bachelor of Science degree in Political Science from the University of Kentucky (Cum Laude) in 1998 and received her Juris Doctorate from the University of Kentucky College of Law in 2002. Natalee was admitted to the Kentucky bar in 2003. Natalee is also currently admitted to the United States Court of Appeals for the Sixth and Fourth Circuits, as well as the United States District Courts for the Eastern and Western Districts of Kentucky.
Natalee began her practice at a large, regional law firm where she focused her work on the coal industry. Natalee litigated administrative claims for several of the nation's largest coal mine operators through all stages of the case. Her practice was centered in Appalachia, but she traveled throughout the country representing her clients at expert witness depositions and as first chair at administrative hearings. Natalee's experience with the coal industry also afforded her the opportunity to prepare appellate work for the United States Court of Appeals for the Sixth and the Fourth Circuits. Natalee has also practiced, as a litigation associate, at another regional law firm, where she focused her work on commercial litigation, bankruptcy, and real estate. Natalee participated in all phases of the civil litigation process in matters pending throughout Kentucky.
After practicing in Kentucky, Natalee relocated to New York, New York. She worked as an associate for one of the country's largest firms and focused her practice solely on a massive civil lawsuit that is currently pending in federal court in New York. Natalee worked with the firm in managing the defense of the client against approximately 10,000 separate Plaintiffs' claims. The case involved a multitude of issues, and Natalee handled medical, corporate, and employment matters.
Natalee brings her extensive background and experience in a variety of legal matters to the firm, where she practices in commercial litigation.
University of Kentucky College of Law
Juris Doctorate, 2002
Practice Areas: Bankruptcy; Health Care; Litigation
Phil represents creditors in bankruptcy-related matters and litigation across the country with a focus on health care matters. He serves as national bankruptcy counsel for several clients representing them in adversary proceedings, in pursuing claims, and on creditors' committees from California to Delaware. This experience comes into play when defendants threaten bankruptcy as a means to forestall litigation, and he has drafted workout and forbearance agreements to resolve disputes and avoid bankruptcy. Phil has successfully defended clients involuntarily brought into the bankruptcy courts, and has litigated preference actions, fraudulent conveyance actions, and other bankruptcy adversary proceedings. He has also represented individual owners faced with the issues arising from a failed corporate business.
Phil has also participated in all phases of the civil litigation process, and has represented both plaintiffs and defendants in litigation across the country. He has represented clients in contract/commercial disputes, insurance coverage disputes, personal injury matters, consumer protection claims, and property disputes. He has pursued aggressive discovery, taken and defended depositions, handled substantive legal arguments in court, brought cases to trial, and authored appellate briefs in these varied contexts.
Phil is also experienced in dealing with the issues surrounding arbitration. He has argued both for and against the enforcement of agreements to arbitrate in both state and federal court and has taken an active role in arbitration proceedings. He has also successfully represented clients seeking to enforce arbitration awards, and is currently involved in several actions seeking to vacate flawed arbitration awards.
Born Bridgeport, Connecticut, 1976; admitted to bar, 2001, Kentucky. Admitted to practice, United States Courts of Appeals for the Sixth and Seventh Circuits; United States District Courts for the Eastern and Western Districts of Kentucky; the United States District Court for the Southern District of Indiana; United States District Courts for the Eastern and Western Districts of Arkansas; United States District Court for the Northern District of Florida; United States District Courts for the Northern, Central and Southern Districts of Illinois; U.S. District Court for the Eastern District of Michigan and all Kentucky state courts. Education: The Ohio State University (B.A., Communications, 1997); Brandeis School of Law at the University of Louisville (J.D., magna cum laude 2001). Articles Editor, BRANDEIS LAW JOURNAL; President, Brandeis Society. Member, Louisville and Kentucky Bar Associations and the American Health Lawyers Association.
Brandeis School of Law at the University of Louisville
Juris Doctorate, magna cum laude, 2001
Raja has a multi-disciplinary practice that concentrates on real estate, finance, mergers and acquisitions, general contract and business law. He regularly negotiates and documents for financings, leases, corporate formation and restructuring, mergers and acquisitions, equity investments and a broad array of commercial agreements and business documents.
The clients that Raja assists vary in size, ranging from relatively small start-up companies to large publicly-traded corporations. He counsels clients in a variety of industries, including financial institutions, assisted and retirement living companies, physician practices, real estate developers, franchisees, restaurants, energy and natural resource companies and manufacturing. Prior to joining Fultz Maddox Hovious & Dickens PLC, Raja was a senior associate at a regional full-service law firm.
Born in Corbin, Kentucky, Raja received a Bachelor of Arts in Economics with a minor in Business Administration in 1998 from Vanderbilt University. Raja completed a joint degree program in 2003 consisting of a Juris Doctor from the Washington University School of Law and a Masters in Business Administration from the Olin School of Business at Washington University. Raja was admitted to the Kentucky bar in 2003 and is an active member of various organizations, including The Indian Professional Council, BNI (Business Network International), Louisville Bar Association, American Bar Association, Greater Louisville International Professionals and was a 2009 graduate of the Leadership Lexington Program sponsored by Commerce Lexington.
Selected Publications and Presentations
Co-Author, "Kentucky Lending Law: A Guide for Commercial Lenders and Businesses," American Bar Association, Business Law Section, 2005
Co-Author, "Commercial Leases: Three Important Issues to Consider," Business First, Vol. 22, No. 20, December 23, 2005
Presenter, "Recent Developments in Bankruptcy Law," 2005 Kentucky Law Update, September 2005
Co-Author, "When the Clock Strikes on Asbestos Claims," ABI Journal, March 2009
Co-Author, "Automatic Stay: Violations, Remedies and Sanctions," Southeastern Bankruptcy Law Institute, April 1-3, 2004
Co-Author, "Assumption and Rejection of Unexpired Leases and Executory Contracts," Southeastern Bankruptcy Law Institute, April 1-3, 2004
Author, "Will Your D&O Policy Leave you High and Dry in Bankruptcy," Findlaw, November 2004
Born Bowling Green, Ky. (1961); admitted to bar: Kentucky (1986). Admitted to practice: U.S. Court of Appeals for the Sixth Circuit, U.S. District Courts for the Eastern and Western Districts of Kentucky, U.S. District Court for the Southern District of Indiana. Education: University of Alabama (B.S., 1982); University of Kentucky (J.D., 1986). Associate (1986-92), Partner (1993-95): Brown, Todd & Heyburn, Louisville, Ky. Representative Cases: Affholder, Inc. v. Preston Carroll Company, Inc., 27 F.3d 232 (6th Cir. 1994); Kenton County Public Parks Corp. v. Modlin, 901 S.W.2d 876 (Ky. 1995).
Practice areas: Business litigation, personal injury litigation and health care law.
Gregg is a civil trial lawyer. He has tried many jury and bench trials, arbitrated several cases to conclusion, and conducted numerous evidentiary hearings in civil and administrative settings. His experience also includes involvement with hundreds of depositions and successful mediations.
When Gregg first began training to become a trial lawyer, he worked in the insurance defense and healthcare litigation sections of a large Louisville firm, where he obtained significant trial experience in the first few years of his practice. He tried or assisted in the trial of a wrongful death case, a tractor trailer/pedestrian personal injury case, a go-cart/products liability case, a construction dispute, and various certificate of need matters before the Kentucky Cabinet of Health Services. Gregg next worked in that firm's corporate and commercial litigation group, focusing on the representation of banks and lender liability actions, contract disputes and corporate takeover and freeze-out merger litigation. Gregg also gained significant experience representing both plaintiffs and defendants in ERISA, securities fraud and construction law litigation.
After helping found our law firm, Gregg decided to split his practice between commercial litigation and personal injury litigation. In commercial litigation matters, Gregg has represented both plaintiffs and defendants in contract, shareholder, ERISA, banking and healthcare disputes. For example, Gregg obtained a favorable settlement for a Fortune 100 bank client in lender liability litigation, and he later was successful in trying a construction law matter with another firm attorney, obtaining a jury verdict that pierced the corporate veil and recovered full damages against the owner of the company. Gregg also represented 40 Kentucky hospitals in a contract dispute in which a large regional health maintenance organization unilaterally tried to change its contract with the hospitals. After nearly two years of intense litigation in state court, the parties reached a multimillion-dollar settlement agreement in favor of the hospitals. One of the briefs Gregg filed in response to a defense motion to split up the trial gained some notoriety and is attached. (Read the brief)
In 2001, Gregg arbitrated a contract dispute on behalf of an improperly terminated employee. The arbitrator awarded the firm's client $900,000, and after discussion of additional jury claims, the case later settled for more than $1.2 million. The arbitration award was for a breach of an employment contract containing a liquidation clause and the additional settlement arose out of extra-contractual damages.
Gregg has also negotiated a significant monetary settlement on behalf of a local company that learned that two ex-employees had developed a significant product while employed by the company but took that product for their own use and benefit. After Gregg meticulously gathered evidence from telephone records and electronic correspondence during discovery, he proved that the ex-employees had testified falsely about their efforts and the case settled on the eve of trial. Other significant commercial settlements include a $550,000 settlement against an insurer arising out of the destruction of the clients' warehoused goods in Saigon, a $500,000 contract case involving the sale of environmentally unsound real estate, and several injunction hearings involving employees' covenants not to compete and fiduciary duties. Gregg is panel counsel for two of the nation's largest life insurance companies and represents them in connection with ERISA and contract matters.
University of Kentucky
Juris Doctorate, 1986
Born Goldsboro, N.C. (1960); admitted to bar: Kentucky (1985). Admitted to practice: U.S. Court of Appeals for the Sixth and Eleventh Circuits, U.S. District Courts for the Eastern and Western Districts of Kentucky and Northern District of Florida. Education: Centre College (B.A., 1982); University of Louisville (J.D., 1985). Member, Journal of Family Law (1984-85). Author: "Parental Kidnapping Prevention Act: Application and Interpretation," 23 J. Fam. L. 419 (1985). Associate (1985-90), Partner (1991-95): Brown, Todd & Heyburn, Louisville, Ky.; Special Justice, Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997) (author of majority opinion); Trial Commissioner (Attorney Discipline), Kentucky Bar Association (1998-present).
Practice Areas: Products liability; business litigation; personal injury litigation; toxic tort litigation.
Scott began practicing primarily in the areas of insurance defense and commercial litigation. In 1988, Scott and a team of other attorneys from his previous firm undertook the defense of 24 product manufacturers in the San Juan Dupont Plaza Hotel Fire Litigation in San Juan, Puerto Rico. Scott had primary responsibility for defending four of the manufacturers, including all discovery and other pretrial proceedings as well as participation in the jury trial in 1989.
In 1991, Scott was selected by a home appliance manufacturer to serve as one of its National Product Liability Counsel and its sole Coordinating Counsel for a line of claims and lawsuits. In those roles, Scott has defended many hundreds of cases throughout the United States involving severe personal injury and death, as well as major property damage caused by fire and water. Scott has also assisted in the selection and management of local counsel, and he has arbitrated and mediated claims and lawsuits nationwide.
Since 1995, Scott has also defended a major product manufacturer and property owner in its asbestos personal injury cases throughout Kentucky, working in association with the client's national outside counsel. Scott has obtained summary judgment and voluntary dismissals in many cases, and has negotiated favorable settlements in the others.
Scott has also served as Kentucky counsel for a manufacturer of dust masks in a group of lawsuits filed by individuals diagnosed with coal workers' pneumoconiosis, a pharmaceutical manufacturer in litigation involving drug pricing, and a major insurance company in litigation involving claim payment practices. Starting in 2008, Scott has served regionally as counsel for an international corporation involved with the construction of power generating facilities regarding occupational safety and liability issues.
Scott has been appointed three times to serve as a Special Justice on the Kentucky Supreme Court. He has served as an appointed Trial Commissioner for the Kentucky Bar Association Attorney Disciplinary System since 1998. His community activities have included serving as an appointed member of the Louisville Metro Police Merit Board and serving in a Christian ministry for incarcerated fathers, as well as participating in a variety of outreach programs with his church. His leisure interests include riding dirt bikes, exercise, and spending time with his wife and four sons.
University of Louisville
Juris Doctorate, 1985
Born Louisville, Ky. (1956); admitted to bar: Kentucky (1981). Admitted to practice: U.S. Supreme Court; U.S. Court of Appeals for the Sixth, Ninth and Federal Circuits; U.S. Court of Federal Claims; U.S. District Courts for the Eastern and Western Districts of Kentucky and Southern District of Indiana. Education: Ohio University (B.B.A., summa cum laude, 1978); Indiana University (J.D., cum laude, 1981), Associate, Indiana Law Journal (1979-80).
Trial Attorney, U.S. Department of Justice, Commercial Litigation Branch (1984-85). Counsel, U.S. Senate Committee on the Judiciary and Legislative Aide to U.S. Senator Mitch McConnell (1985-86). Associate (1981-84, 1987), Partner (1988-95): Brown, Todd & Heyburn.
Practice Areas: Commercial and constitutional trials, appeals and arbitrations.
Vic has a broad range of appellate experience. He has conducted dozens of appellate arguments before the various state and federal courts, including the Sixth, Ninth and Federal Circuit Courts of Appeals and the Supreme Courts of Indiana and Kentucky. He recently was retained by a major reinsurer to take over the representation of a firm in the Kentucky Court of Appeals, after the client had been found liable for a $27 million judgment in an earlier trial. In the Indiana Supreme Court, he has argued on behalf of a class of bondholders contesting an Indiana municipal bond authority's controversial decision to escrow a low interest rate bond issue to maturity. Before the Kentucky Supreme Court, he successfully sought and obtained reversal of a decision that would have denied a client from developing a major retail and commercial center in Jefferson County.
Vic has also represented various clients on significant constitutional matters, drawing on his experience as a member of the Kentucky Registry of Election Finance in the mid-1990s and his earlier service as counsel to the United States Senate Committee on the Judiciary. He argued on behalf of the Minority Leader of the Kentucky Senate in a challenge on state constitutional grounds to the 1996 redistricting by the Kentucky General Assembly. Later, when a gubernatorial candidate brought an equal protection clause challenge to Kentucky's public financing law for gubernatorial elections, Vic represented the Kentucky Registry of Election Finance in the United States Supreme Court. More recently, he successfully brought an equal protection challenge on behalf of a group of citizens challenging the failure of the state General Assembly to enact constitutionally valid redistricting legislation following the 2000 federal census.
Before helping found FMHD in 1995, Vic had for eight years been partner at one of Kentucky's largest law firms. There he played a key role in various major complex proceedings, including the coordination of multiple party joint defense arrangements and the management and trial of multidistrict litigation. For example, during 1989 and 1990, Vic was one of the lead trial attorneys for a coalition of approximately 100 defendants in a Multi-District Litigation proceeding in the federal court for the District of Puerto Rico arising from a fire at the San Juan Dupont Plaza Hotel. Initially, Vic served as one of the lead trial counsel for a group of third-party plaintiffs seeking to pierce the corporate veil of a complex web of partnerships and corporations involved with the ownership of the hotel in which the fire had taken place. That phase of the litigation resulted in a successful ten-week jury trial. Later, Vic coordinated the discovery and served as co-lead counsel at trial and was principally responsible for the trial defense of the toxicology and pathology components of the case, as well as for the defense of several high-profile product defendants. That phase of the litigation led to more than fifteen months of a federal jury trial, as well as appeals to the First and Ninth Circuits on novel issues involving the reach of the District Court's subpoena power in order to compel trial testimony by satellite from remote locations.
Later, Vic was one of the key members of the firm's litigation teams involved in defense of silicone gel breast claims, and was responsible among other areas for the coordination of the expert witness and technical issues involving biomechanics.
In addition to his private practice experience, Vic served during the mid-1980s as a Trial Attorney for the United States Department of Justice. There he represented a wide variety of federal agencies in commercial litigation across the country, at both the trial and appellate level.
Outside the office, Vic is an avid cyclist and regularly competes in United States Cycling Federation sanctioned events Amateur races, including both the 2006 and 2007 Masters National Road Racing Championship events.
Juris Doctorate, 1981
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