OTHER AREAS OF PRACTICE
To view our latest and most significant results in the following areas of practice, click here.
Business & Commercial Litigation
Thompson Miller & Simpson attorneys have handled a broad cross-section of commercial litigation in both state and federal courts, including business torts, actions for breach of contract, employment litigation, wrongful termination actions, litigation arising out of covenants not to compete, claims for civil conspiracy and tortious interference with contract, alleged consumer protection violations, and actions for breach of fiduciary duty. Recently, the firm was retained to represent a Fortune 500 company in a complex and multi-faceted lawsuit involving the interpretation and enforcement of franchise agreements.
In addition to our ability to litigate business disputes, our attorneys provide on-going, general business advice to our corporate clients, and counsel them as needed in the evaluation and negotiation of potential or developing business disagreements, always with an eye toward the avoidance of expensive and protracted litigation.
Civil Litigation Defense
Thompson Miller & Simpson represents business entities and individuals in all areas of general civil litigation defense. Relying on our innovative strategies and demonstrated litigation skills, our attorneys confidently handle a wide variety of litigation disputes involving contract law, personal injury, employment issues, commercial real estate, construction defects, premises liability, and corporate defense.
Although our firm has a demonstrated record of success in the courtroom, we also use our litigation skills to resolve disputes through negotiation, mediation and other alternative dispute resolution methods. The firm's expertise is visible in other ways: Our attorneys have taught the "Trial Practice" course at Brandeis Law School, chaired the Litigation Section of the Louisville Bar Association, and served as president of the Kentucky Defense Counsel, an organization of more than 300 Kentucky civil defense trial lawyers.
Whether our client is an individual, a mid-size business, or a large corporation, Thompson Miller & Simpson is committed to providing diligent, thorough, and aggressive legal representation in all fields of civil litigation defense.
Premises Liability Defense
Thompson Miller & Simpson has defended numerous companies, insurance companies and individuals in lawsuits arising out of personal injuries which occur on client premises. Claims of negligence in these cases can arise from an almost infinite variety of causes. Our attorneys have successfully handled cases from simple slip-and-falls to more complicated elevator or escalator malfunctions, as well as lawsuits stemming from injuries caused by third parties where the nature and extent of security precautions are the central issue.
Working closely with our clients to fully evaluate and understand their business practices as well as the causes and mechanisms of injury, our attorneys are able to carefully advise our clients of their litigation risks, and either resolve their claims on a cost-effective basis or defend them capably and aggressively in a court of law before the assigned judge or a jury of their peers. In all cases we bring with us a wealth of litigation skill and experience, and a capable support staff, which enables us to obtain highly favorable results for our clients.
Health Law
In addition to defending hospitals and other health care providers in litigation, we also handle a variety of legal issues that confront health care businesses on a regular and often recurring basis. As the regulations that govern the health care industry are constantly evolving, our firm understands the importance of staying informed of statutory and regulatory developments, as well as communicating pertinent aspects of the changing health care landscape to our clients.
Because we pride ourselves in being familiar with the most current health law standards, we regularly provide clients with guidance and advice on corporate and employment issues, patient privacy regulations, amendments to Kentucky statutes and regulations, issues involving Medicare and Medicaid reimbursement, and Joint Commission standards. Possessing in-depth and practical knowledge of these issues, our attorneys confidently assist their health care clients in drafting and reviewing articles of incorporation, bylaws, operating agreements, policies and procedures, rules and regulations, employment contracts, consent forms, peer review documents and other legal documents, to ensure that our clients' interests are adequately protected and remain in compliance with state and federal law.
Insurance Bad Faith Defense
In today's litigious society, insurance companies are increasingly challenged regarding the way they investigate and handle claims. Some of these challenges take the form of insurance bad faith litigation, which exposes companies within the insurance industry to compensatory and sometimes even punitive damages. This is a rapidly evolving area of the law where careful and nuanced understanding of the law is important in order to best serve the clients' needs.
Thompson Miller & Simpson attorneys have handled insurance bad faith claims, both at the trial court level as well as on appeal to the Kentucky Court of Appeals and the Kentucky Supreme Court. We are knowledgeable of the existing and developing law in this field, and have been involved in on-going litigation efforts to shape that development in a reasonable and understandable fashion.
Professional Licensure Defense
The professional license you worked so hard to obtain is considered a "property right” by law, which means that it cannot be taken away by the state’s licensing boards without "due process,” which is constitutionally guaranteed to you. As a property right, the law considers the loss of your professional licensure as much more than a simple loss of money; it is, instead, a loss of your livelihood. In addition, an adverse ruling by your licensing board can negatively impact your malpractice insurance, can be reported to national agencies, and can be published for others to see. In short, while a malpractice claim won’t end your career, a board complaint can, if not properly handled. We can help.
When a complaint is filed against you by your professional licensure board—be it the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, the Kentucky Bar Association, the Kentucky Board of Dentistry, etc.—do not go through the complaint process alone. Promptly contact an attorney so that your rights are fully protected early and often.
Professionals of all disciplines are subject to oversight and regulation by their respective licensure boards, and at times, their licensure status is called into question. Under such circumstances, it is critical that these professionals have knowledgeable and effective representation, to ensure that they are not subject to improper or excessive discipline, which can include public or private reprimand, suspension, or even revocation of their professional licenses.
Members of our firm have extensive experience representing professionals before a wide variety of professional licensure boards. In most instances, we are able to effect a dismissal of the charges or otherwise obtain an informal, agreed resolution of the charges; however, where an informal resolution is not possible, our attorneys are fully prepared to litigate the charges before the administrative board and, where necessary, prosecute appeals from the administrative tribunal to the appropriate appellate court. In short, our firm has the knowledge and experience to handle the claim from start to finish, and we are committed to providing our clients an effective and aggressive defense throughout the process.
We have experience handling board complaints involving practice violations, narcotics and alcohol use allegations, HIPPA violations and other patient privacy infractions, criminal arrests and convictions, unprofessional conduct, documentation errors, inability to practice due to a physical or mental health condition, allegations of patient/client abuse, scope of practice violations, and others.
Legal Malpractice Defense
Given the firm's recognized litigation expertise, several of the firm's attorneys have been retained by professional liability insurance companies to defend other lawyers in a variety of legal malpractice lawsuits, and over time have developed significant expertise in the field. Representing lawyers requires a special level of skill and trust, and the attorneys at Thompson Miller & Simpson have earned the confidence of clients and peers by demonstrating the ability to aggressively defend and resolve challenging legal malpractice cases.