Golden & Walters PLLC has experience litigating various legal issues,
including the following areas of law:
Insurance Defense — The firm’s insurance defense practice includes auto and trucking accidents, products liability, commercial liability, homeowner’s liability, and any other claim that could possibly be covered by a policy of insurance. We regularly assert and defend motions for declaratory judgment regarding complex issues of coverage such as residency and the application of the laws of other states. We defend claims for common law bad faith and alleged violations of the Unfair Claims Settlement Practices Act. Our representation of some of the nation’s largest insurance companies has given us a broad background in insurance defense.
Civil Rights Litigation — We have experience in litigating complex civil rights cases. We have handled cases involving the sexual molestation of schoolchildren, the bullying of schoolchildren, the death of a prisoner resulting from medical care being withheld, sexual molestation by governmental officials, and other issues involved in 42 U.S.C. § 1983 litigation. Wilson v. Webb, 869 F.Supp. 496 (6th Cir. 1994), was the first reported case in the Sixth Circuit to recognize that a schoolchild’s liberty interest in her bodily integrity is protected by the Due Process Clause of the Fourteenth Amendment. We are familiar with official capacity and individual capacity claims that allow for sovereign immunity and qualified immunity defenses that may result in interlocutory appeals.
Child Day Care Litigation — We have provided representation to one of the nation’s largest child care providers, defending against claims of sexual molestation and Shaken Baby Syndrome. We maintain a database with child psychiatrists who are qualified to give opinions that will pass muster under Daubert regarding injuries to infants and toddlers. We have experience in licensing issues and have participated in the administrative appeal process under KRS Chapter 13B.
School Law — We have been involved in high profile litigation that has resulted in use of the tribunal process and appeals to the Circuit Court, Court of Appeals, and Supreme Court of Kentucky, thereby running the entire gamut and scope of the appeal process. Because we represent a school district, we keep abreast of the latest developments in school law.
Construction Law — The firm has handled numerous construction law matters, including contract disputes, mass tort litigation, and mold remediation. The firm has significant experience handling issues regarding construction law, including representation of a hospital regarding a thirty-eight-million-dollar expansion project. The firm also has significant experience in defending contractors against claims by homeowners, including claims for water damage, improper workmanship, damages, mold infestation, and sick-building syndrome.
Employment Litigation — We have experience in litigating all employment-related claims, such as those alleging discrimination on the basis of sex, age, race, religion, national origin and disability, as well as wrongful discharge and business torts. We have litigated claims under the Kentucky Civil Rights Act, Title VII, Age Discrimination in Employment Act, Americans with Disabilities Act, as well as the common law claims of Unlawful Interference with Prospective Business Relationship and Breach of Employment Contract.
Workers’ Compensation Defense — The firm has handled every aspect of the defense of workers’ compensation claims, including hearings before administrative law judges, appeals to the workers’ compensation board, and appeals to the Court of Appeals and Supreme Court of Kentucky.
Medical Issues — Brain injuries, overdose, failure to diagnose, adverse drug interaction, chemical facial peel, and non-compete clauses are just a few of the many medical issues handled by the firm. We have been involved in several cases regarding drugs such as Rezulin and Oxycontin being prescribed to patients. We have experience with Daubert issues, including the propriety of certain diagnostic tools in the clinical setting, such as the SPECT scan. We take great pride in our detailed preparation and our ability to cross-examine the most savvy experts.
Products Liability Litigation — We have experience in litigating products liability issues, including: a claim against the manufacturer of a Nomex suit worn by a racecar driver who died of burns sustained in a crash; a soil-mixing machine that amputated the leg of a worker; machinery containing pinch points that resulted in serious injuries to the plaintiff; and state-of-the-art issues regarding the design of jacks for agricultural use.
Class Action Litigation — The firm is experienced in maneuvering through the intricacies of a class action lawsuit. In a case against the government that involved allegations of sexual abuse extending over a thirty-year time period, Golden & Walters PLLC was retained as lead counsel for the plaintiffs’ class. The case presented logistical challenges, as well as several procedural hurdles. We were able to resolve the case for the largest settlement ever paid by the Lexington-Fayette Urban County Government.
Other Litigation Matters — Litigation skills are developed over time. By focusing on litigation, we are able to maximize our ability to succeed in the courtroom, regardless of the subject matter being tried. Because of today’s complex legal issues, it is difficult for an attorney who concentrates in an area other than litigation to be the right choice for lead litigation counsel. The winner of the communication battle in the courtroom ultimately wins the vast majority of the trials. When litigation is imminent, Golden & Walters PLLC will use its experience in the courtroom to help you get the best possible result. (Please contact us to request our excerpts from the Kentucky Trial Court Review that provide a synopsis of several key cases Golden & Walters PLLC has tried.)
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