Hyland v. Homeservices of America, et al. (E.D. Ky.) — Matt currently represents a real estate brokerage firm accused of conspiring with other real estate brokers to fix the commissions on residential real estate in the Commonwealth of Kentucky. The district court certified a class of more than 70,000 sellers of residential real estate for the period 2001-2005. In less than two weeks before trial was set to begin, the district court granted summary judgment in favor of our client.
Kentucky Speedway LLC v. NASCAR (E.D. Ky.) — Matt represented NASCAR in the successful defense of a conspiracy and monopolization case brought by Kentucky Speedway in federal district court. The lawsuit alleged that NASCAR and various racetrack operators, including NASCAR’s sister company, had conspired to exclude Kentucky Speedway and that NASCAR had illegally monopolized stock car racing. The district judge granted summary judgment for the defense. The Sixth Circuit affirmed.
Midwest Agency Services et al. v. JPMorgan Chase Bank, N.A. et al. (E.D. Ky.) — Matt represented the defendants in the successful defense of tying and state law claims. The plaintiffs alleged that Chase Bank refused to purchase automobile loans made by dealers unless the loans included a gap product issued by a Chase affiliate, and that this amounted to illegal tying under the federal antitrust laws and violations of Kentucky insurance statutes. The district court dismissed all claims, accepting all of the arguments advanced on behalf of the defendants: (1) the plaintiffs failed to plead injury to overall competition and thus had not established antitrust injury, (2) the conduct alleged was not a tying arrangement at all, but rather the defendants’ legitimate choice as to what risks to accept, and (3) the conduct alleged did not violate the Kentucky insurance statutes.
Welsh Development Company v. Warren County Regional Planning Commission, 128 Ohio St.3d 471, 2011-Ohio-1604, 946 N.E.2d 215 (Ohio 2011) — The court of appeals had held that Welsh Development failed to perfect its administrative appeal based on its interpretation of the statutes governing appeals in Ohio state courts. The Ohio Supreme Court accepted our discretionary appeal to establish clear standards for Ohio administrative appeals. In a unanimous decision, the Supreme Court held that Welsh Development’s appeal had been properly filed, and it articulated clear standards for filing such appeals.
Alliance Health Group LLC v. Bridging Health Options, LLC, 553 F.3d 397 (5th Cir. 2008) — This case of first impression in the Fifth Circuit involved an issue of interpretation of forum selection clauses on which three other circuits had split. The Fifth Circuit accepted our client's position that a clause requiring litigation "in" a particular county permitted litigation in federal court, and not just the state court for that county, so long as the federal courthouse was physically located in the county in question.
Ignazio v. Clear Channel Communications, 113 Ohio St.3d 276, 865 N.E.2d 18 (Ohio 2007) — The court of appeals had held that Clear Channel’s employment arbitration agreement was unenforceable because of an objectionable provision. The Ohio Supreme Court accepted our discretionary appeal in order to set standards for severability of contract provisions. The Supreme Court held 6-1 in our client's favor that the unlawful provision of the arbitration agreement was severable and the remainder of the agreement enforceable.
Scovill v. WSYX/ABC, 425 F.3d 1012 (6th Cir. 2005) — In this employment discrimination lawsuit, the Sixth Circuit accepted our client's arguments and reversed the district court’s severance of certain aspects of an arbitration agreement while affirming the district court’s findings that the dispute was arbitrable and the arbitration clause lawful.