What We’ve Done
Recent Litigation Engagements
6th Cir.
Secured reversal of the adverse summary judgment and remand to the trial court for further proceedings as lead counsel for the plaintiff claiming over $5 million in damages for civil rights violations arising from law enforcement’s illegal search and excessive force.
Indiana
Successfully obtained summary judgment as counsel for a defendant in a federal court employment-discrimination case against a religious institution brought by a school principal seeking a seven-figure recovery.
Kentucky
Obtained unanimous $3.3 million jury verdict in complex estate litigation on behalf of a contingent beneficiary for claims involving tortious interference with inheritance, breach of fiduciary duty and breach of contract.
Indiana
Represented lender on debt in excess of $1 million in complex collections proceedings involving the appointment of a receiver for, and eventual foreclosure of, operating golf course.
Kentucky
Litigation counsel to general contractor in connection with $68 million-plus development of a major historic building in Louisville’s urban core.
Kentucky
Represented a multibillion-dollar, publicly traded social media company in connection with multiple successful motions to quash improperly issued records subpoenas.
Kentucky Ct. App.
Counsel in a petition for extraordinary relief on behalf of the non-party business entity responsible for managing more than $100 million in assets, which was improperly enjoined and subjected to Family Court’s “status quo order.”
Kentucky
Counsel and strategic consultant in an extraordinary relief petition brought by a pharmaceutical company from whom the Commonwealth of Kentucky sought $1 billion in damages, which the commonwealth agreed to settle for a small fraction of that amount after oral argument before the Kentucky Supreme Court.
Kentucky
Lead counsel for former governor asserting claims against a privately-held company for breach of contract, tortious interference and intellectual property infringement. Case resolved favorably for the client prior to filing.
Kentucky
Lead counsel for plaintiff against closely held coal company asserting multimillion-dollar claims for breach of partnership agreement, fraud and negligent misrepresentation. The case settled in favor of client prior to trial.
Kentucky
Lead counsel for defendant coal company in breach of contract and fraud case brought by coal sales broker. Obtained successful dismissal of tort claims and case resolved favorably for client following appeal to 6th Circuit.
6th Cir.
Secured reversal on appeal of defendant’s 150-month sentence for convictions relating to a vote-buying conspiracy, which had been entered following an eight-week trial in federal court; on remand, the defendant entered into a negotiated plea in which he served no additional prison time.
Kentucky
Served as a strategic consultant and oral argument coach for class-action counsel in an appeal to the Kentucky Supreme Court in a pharmaceutical mass-tort action that settled for a confidential amount after oral argument.
Tennessee
Lead counsel for a defendant coal company in a multimillion-dollar breach of contract and fraud case alleging breach of a royalty and sales commission contract asserted by a coal sales broker. Partial summary judgment obtained for the client, and the case subsequently settled.
Texas
Lead counsel for plaintiff in breach of contract and negligence lawsuit against computer software firm related to improper installation and customization of accounting system. The case resolved in favor of client before discovery commenced.
Kentucky
Lead counsel for plaintiff asserting claims for fraud, civil conspiracy and breach of contract against city and city attorney. The case resolved in favor of client at mediation.
Kentucky Ct. App.
Lead counsel for the plaintiff successfully overturning on appeal a prior summary judgment in a multimillion-dollar claim of negligence against an insurance broker. The appellate decision obtained by Mr. Miller made a new law recognizing the viability of a claim of negligent misrepresentation against an insurance broker in Kentucky. The case subsequently settled in favor of the client after victory on appeal.
Missouri
Co-lead counsel for defendants, publicly traded coal companies, in judicial takings/due process lawsuit seeking damages in excess of $200 million. Ongoing.
6th Cir.
Oral argument counsel for the plaintiff in a summary judgment appeal arising from a civil rights case concerning a young man’s tragic death following a collision with a police cruiser; on remand, the parties reached a seven-figure settlement following mediation.
Kentucky
Lead counsel for coal company executive and 13 related defendants in bankruptcy adversary proceeding brought by Unsecured Creditors’ Committee for breach of fiduciary duty and related claims seeking damages in excess of $145 million. Ongoing.
Kentucky
Lead counsel for publicly traded master limited partnership in fraud litigation seeking damages over $11 million. A summary judgment obtained for client; zero liability.
District Of Columbia And Tennessee
Lead counsel for defendant coal company in action brought by National Labor Relations Board, and in counterclaim brought in D.C. seeking to invalidate NLRB’s rulemaking authority on constitutional grounds. Successfully dismissed.
Kentucky
Lead appellate counsel for third party seeking to enforce rights under a certificate of insurance against an insurance broker. Prevailed on appeal; new standard established under Kentucky law for duties owed by insurance brokers to third parties.
Missouri
Lead counsel for a defendant coal company in a lawsuit brought by landowners seeking royalty payments in excess of $200 million. Summary judgment obtained for client; zero liability.
Indiana
Lead counsel for shareholders in lawsuit brought against sitting U.S. Congressman for $8-plus million concerning fraud and civil RICO claims for bribery charges related to actions taken in Nigeria and other African nations. Ongoing.
Kentucky
Lead counsel for class of 50+ physicians in a multimillion-dollar lawsuit brought against former owners of Samaritan Hospital for breach of fiduciary duty following bankruptcy of hospital. Successfully resolved.
Kentucky
Lead counsel for a defendant coal company in $62 million claim brought by joint venture partner arising from the sale of coal reserves to Penn Virginia Resource Partners. Successfully dismissed for client; zero liability.
Kentucky
SUP. CT.
Secured reversal of defendant’s 25-year aggregate sentence and convictions for capital murder, attempted murder, and other offenses as a result of jury instruction errors and the trial court’s failure to declare a mistrial.
Kentucky Ct. App.
Lead counsel in an appeal from the dissolution of a high-value marital estate worth well in excess of $1 million in which Miller Wells’s client prevailed as to all of the alleged errors raised by the opposing party regarding marital property division, restoration of alleged non-marital property, maintenance, and attorneys’ fees and costs, and obtained a partial reversal and remand on his own cross-appeal.
Delaware
Lead counsel for the plaintiff in $214 million lawsuit for fraud and breach of contract against the world’s third-largest investment banking organization. Successfully resolved; terms confidential.
Recent Transactional Engagements
Lead counsel for a district energy company in the acquisition of a co-generation facility from a public traded company.
Lead counsel for a borrower in connection with a multitranche loan and preferred equity investment in excess of $8 million.
Lead counsel for a municipality in connection with the negotiation of a franchise agreement for the water utility.
Lead counsel for a general contractor and construction manager in connection with the development of an 88-room, $40 million-plus hotel redevelopment in Lexington,
Kentucky
Lead counsel for the City of Lexington in connection with the development of Centrepointe property and associated matters.
Lead corporate counsel for a public coal company in registration and exchange offer of $200 million of bonds pursuant to Securities Act of 1933.
Lead corporate counsel for a software development firm in a merger with a publicly traded company and accompanying private placement of preferred equity.
Lead counsel for a mining engineering firm in connection with a merger with bonding and consulting company.
Lead corporate counsel for an issuer of $200 million secured high-yield bonds pursuant to Rule 144A of the Securities Act.
Lead corporate counsel for a borrower in a $50 million credit facility/asset-based revolving loan.
Lead counsel for a publicly traded Fortune 100 company in a project to secure and develop a fluorspar mining reserve in Western Kentucky, the largest United States development of fluorspar since before the inception of the Cold War.
Co-lead counsel for the issuer in proposed simultaneous public offerings of a national coal company in NASDAQ equity offering of over $120 million.
Lead counsel for borrower in $155 million credit facility composed of fixed term note and asset-based revolving loan.
Lead counsel for an issuer, a private equity fund, in an exempt private placement of a $15 million preferred equity sale.
Lead counsel for an international engineering firm in connection with the establishment of a joint venture with a publicly traded consulting firm.
Lead counsel for a lender in refinancing of credit facility for 45,000 square foot hotel and 15-acre commercial development.
Lead counsel for an energy company in lease of over 250,000 tons of coal reserves from a publicly traded steel company, representing the largest single block of undeveloped reserves in Kentucky.
Lead counsel for the purchaser, master limited partnership, of $80.7 million acquisition of coal reserves and other mineral interests from a publicly traded international energy company.
Lead counsel for a buyer of fee and leasehold coal reserves in a $49.6 million transaction.
Lead counsel for purchaser, private equity-owned coal company, of $46.5 million of surface and mineral reserves in West Kentucky.
Lead counsel for an acquirer in a series of transactions with St. Louis-based energy company collectively valued at $77 million.
Co-lead counsel for New York-based REIT in the acquisition of an $85 million industrial site from the City of Louisville.