Winston E. Miller - Frost Brown Todd LLC

Winston E. Miller

Listed in Best Lawyers since 2005
Phone: 502-568-0296

Winston has a diverse background in civil litigation including product liability, mass tort, fire and explosion, employment, toxic tort, and business litigation. A substantial portion of his practice relates to complex multi-party cases arising out of catastrophic losses and serial litigation. Winston has represented clients in state and federal courts located in at least 19 states, the District of Columbia and Puerto Rico. He has also represented clients in appellate matters before the Third, Fourth, Sixth, and Eleventh Federal Circuits, the U.S. Temporary Court of Appeals, as well as the Kentucky Court of Appeals and the Kentucky Supreme Court. Frost Brown Todd was selected as "The Outstanding Law Firm of the Year" by a Fortune 100 Company based on the performance of the Client Service Team which he chairs. He has been recognized as an outstanding litigation attorney by Chambers USA® America’s Leading Business Lawyers and The Best Lawyers in America®, Kentucky Super Lawyers®, Benchmark Litigation®, and Litigation Counsel of America™. He is AV®. Rated by Martindale Hubbell®.

Before entering private practice, Winston was a Trial Attorney with the Civil Division of the United States Department of Justice in Washington D. C. He represented the United States in civil matters in the Federal District and Appellate Courts across the country. While in the Justice Department, Winston was awarded a "Special Commendation" for his outstanding service.

University of KentuckyBS 1967University of Kentucky College of LawJ.D. 1970
American Bar AssociationKentucky Bar AssociationLouisville Bar AssociationDefense Research InstituteLitigation Counsel of AmericaCitizens for Better JudgesNational Fire Protection AssociationNational Institute of Trial Advocacy

Case History

Product Liability, Fire and Explosion and other Tort Litigation
  • Collapse of a natural gas drilling rig; April 19, 2008; 2 deaths
  • Sofa Super Store Fire, Charleston, South Carolina: June 18, 2007; 9 deaths, significant property damage
  • Water well pump house explosion; July 4, 2005; serious burn and psychological injuries
  • Liquid Natural Gas Pipeline Explosion, Ivel, Kentucky: November 8, 2004; numerous burns, psychological and other personal injuries and substantial property damage
  • West Pharmaceutical Plant Explosion, Kinston, North Carolina: January 29, 2003; 6 deaths; 38 injuries alleged
  • Rhode Island Station Nightclub Fire, West Warwick, Rhode Island: February 20, 2003; 100 deaths; 100+ injuries alleged
  • West Virginia Tobacco Litigation: 1999-2003
  • Defense of natural gas producer in claim arising out of an explosion at a water injection facility: August 7, 2001; serious burns resulting in death
  • Howard Johnson/Holiday Inn Fire, Bowling Green, Kentucky: January 6, 1996; 4 deaths; 16 injured
  • Rio Piedros explosion, San Juan, Puerto Rico; November 21, 1996; 33 deaths
  • Imperial Food Products, Hamlet, North Carolina: September 3, 1991; 25 deaths
  • Meridian Plaza Fire, Philadelphia, Pennsylvania: February 23-24, 1991; 3 deaths; $1 billion in damages
  • Happy Land Social Club Fire, New York, New York: March 23, 1990; 87 deaths
  • San Juan Dupont Plaza Hotel Fire, San Juan, Puerto Rico: December 31, 1986; 97 deaths; numerous injuries
  • Younkers Department Store, Des Moines, Iowa: November 5, 1978; 10 deaths
  • Beverly Hills Supper Club Fire, Southgate, Kentucky: May 28, 1977; 165 deaths; numerous personal injuries

Drug, Medical Device and Pharmaceutical Litigation
  • Breast Implant Litigation (MDL 926 and State Court - 8000+ Cases) - National Coordinating Counsel in defense of a polyuerethene manufacturer in nationwide class action
  • Vioxx Litigation (24 State Court and 303 MDL Cases) - Defended manufacturer of Vioxx in cases brought in the state of Kentucky
  • Average Wholesale Pricing Litigation - Defense of pharmaceutical manufacturer against claims brought by the Commonwealth of Kentucky involving disputed sales and pricing policies
Business and Commercial Litigation

Defense of a variety of business disputes resulting in litigation in the state courts, federal courts and commercial arbitrations. These cases involved issues arising from buy-sell agreements, stock and business valuation, asset purchase agreements, commercial leases, mineral leases, minority shareholder rights, fraud, tax and general breach of contract. The following are examples of business litigation cases that have resulted in reported decisions.

  • Centurion Air Cargo v. United Parcel Service Co. 300 F. Supp. 2d 1281 (S. D. FL. 2004).
  • Centurion Air Cargo v. UPS Co., 420 F.3d 1146 (11th Cir. 2005).
  • Commerce Bank, N.A. v. Ogden, Newell & Welch, 81 F. Supp. 2d 1304 (M. D. Fla. 1999).
  • First Nat'l Bank & Trust Co. v. Martin Marietta Materials, 22 F. App’x 546, 2001 WL 1480727 (6th Cir. 2001).
  • H. S. Equities, Inc. v. Crouch, 698 F.2d 1220, 1982 U.S. App. LEXIS 12452 (6th Cir. 1982).
  • Herm v. Stafford, 466 F. Supp. 439 (W. D. Ky. 1979).
  • Inland Container Corp. v. Mason County Bd. of Educ., 6 S.W.3d 374 (Ky. 1999).
  • Liberty Nat'l Bank & Trust Co. v. Foster, 737 S.W.2d 704 (Ky. Ct. App. 1987).
Employment Litigation

Defense of various employers, including a Fortune 100 Company, in employment litigation involving age discrimination, sexual harassment, breach of contracts of employment, and wrongful termination. The following are examples of employment litigation cases that have resulted in reported decisions.

  • Beatty v. UPS, 267 F. Supp. 2d 823 (S. D. Ohio 2003), aff’d, 2004 U.S. App. LEXIS 13864 (6th Cir. 2004).
  • Beatty v. UPS, 103 F. App’x 860 (6th Cir. 2005).
  • Clark v. UPS, 286 F. Supp. 2d 819 (W. D. Ky. 2003).
  • Clark v. UPS, 400 F.3d 341 (6th Cir. 2005).
  • Francis v. UPS, 288 F. Supp. 2d 882 (S. D. Ohio 2003).
  • Francis v. UPS of Am., Inc., No. 3:01cv235, 2005 WL 2124134 (W. D. Ohio Aug. 29, 2005).
  • Harker v. Federal Land Bank, 679 S.W.2d 226 (Ky. 1984).
  • Padgett v. Kentucky Utilities Co., No. 76-0196-0(G), 1978 WL 1614 (W.D. Ky. Jan. 25, 1978).
  • Szabo v. UPS, Inc., No. 02-646-C, 2004 U.S. Dist. LEXIS 10600 (W. D. Ky. May 24, 2004).
  • UPS v. Rickert, 996 S.W.2d 464 (Ky. 1999).

Office Location

400 West Market Street, Suite 3200
Louisville, KY 40202-3363
United States

Practice Areas

Bet-the-Company Litigation
Commercial Litigation (Business Disputes, Civil Litigation, Class Actions, Complex Litigation, Mass Tort, Product Liability)
Litigation - Labor and Employment
Personal Injury Litigation - Defendants