Case Results

Business & Commercial Litigation

Injunction in non-compete case. TMS represented a transportation business in a case against a former sales employee involving an agreement with non-competition and non-solicitation provisions. TMS successfully obtained an injunction against the employee on the grounds that the employee's work for a competitor violated the employment agreement.

Lender liability settlement. TMS represented a business borrower against a Lender bank in a case alleging numerous business torts arising out of non-renewal of a loan. TMS successful defeated the bank dismissal motions, and a favorable settlement followed.

Breach of contract settlement. TMS obtained a settlement in a case involving a complex contract between a business in Lancaster, Kentucky, and an engineering firm for production of a custom-made industrial press product.

Lender liability court verdict. TMS obtained judgment in Jefferson County against a debtor who subsequently attempted to avoid the debt by declaring bankruptcy in federal court in Indiana. TMS prevailed in a bench trial, establishing that the judgment was based upon claims involving fraudulent conduct that could not be discharged in bankruptcy. The debt was subsequently fully collected.

Release of mechanics liens. Subcontractors filed numerous mechanics liens against the owner of an expensive new home under construction after the general contractor failed to pay the subcontractors and declared bankruptcy. TMS successfully obtained judicial release of all mechanics liens, avoiding substantial loss to the innocent homeowner.

Judgment against construction contractor. TMS represented a construction subcontractor against a non-paying general contractor following job completion. TMS obtained a judgment and was able to pierce the corporate veil to collect judgment from the owner of the general contractor company.

Summary judgment in insurance policy dispute. This case was filed in federal court in Louisville by a business insurer claiming that a CGL policy issued to the business did not cover litigation involving trade dress of a pizza. TMS obtained summary judgment on behalf of the pizza business on the grounds that the policy covered advertising injury arising out of alleged trade dress infringement.