Jason is an accomplished appellate and trial court advocate, with an established track record of success in high-profile and large-stakes litigation in both state and federal courts. He is highly regarded for his persuasive oral advocacy, clear and effective writing, keen legal analysis, and ability to clearly discern and explain the application of complex legal principles to the on-the-ground realities of clients’ business and operations. He has experience in appellate and trial court litigation in a range of substantive areas, including commercial litigation, class actions and other forms of aggregate litigation, insurance coverage and defense, First Amendment and media law, administrative law, ERISA litigation, and federal and state constitutional law.
As appellate counsel, Jason is often called upon to take a fresh look at long-running litigation, and is adept at identifying and framing the issues most likely to move appellate courts. He also frequently consults at the trial court level to help develop arguments for potential future appeals and to ensure objections and errors are properly preserved for appellate review. Many of his appeals have involved questions of first impression or unsettled areas of law. He has successfully argued and briefed numerous high-profile appeals in various courts, with a particular emphasis on the U.S. Court of Appeals for the Sixth Circuit, the Kentucky Supreme Court, and the Kentucky Court of Appeals.
As a trial court litigator, Jason excels at developing legal arguments and strategies that drive outcomes in cases, particularly in cases involving complex or novel legal and factual issues. He is committed to understanding his clients’ practical needs, and tailoring litigation strategies and solutions to best meet those needs.
After graduating from Yale Law School in 2001, Jason clerked for the Hon. Karen Nelson Moore on the U.S. Court of Appeals for the Sixth Circuit. He then practiced commercial and appellate litigation at Kirkland and Ellis, LLP in Chicago, IL, before moving to Louisville and joining Frost Brown Todd.
Higgins v. Kentucky Sports Radio, LLC, 951 F.3d 728 (6th Cir. 2020)
Successfully argued federal appeal affirming First Amendment dismissal of incitement and defamation claims brought by NCAA referee against sports talk radio host.
Little v. Louisville Gas & Electric Co., No. 2020-CA-0137, 2020 WL 7295199 (Ky. App. Dec. 11, 2020)
Successfully opposed class certification in trial and appellate court in putative class action asserting property damage claims allegedly arising from power plant air emissions.
Extendicare Homes, Inc. v. Whisman, 478 S.W.3d 306 (Ky. 2015), cert. granted sub nom., Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S. Ct. 368 (2016)
Argued Kentucky Supreme Court appeal concerning enforceability of arbitration agreements executed pursuant to a durable power of attorney.
Coppage Constr. Co. v. Sanitation Dist. No. 1 of N. Ky., 459 S.W.3d 855 (Ky. 2015)
Successfully argued Kentucky Supreme Court appeal holding regional sewer district was not entitled to sovereign immunity, which set forth definitive criteria under Kentucky law for extending immunity to quasi-state entities.
Guy v. Lexington-Fayette Urban County Gov’t, 624 F. App’x 922 (6th Cir. 2015)
Guy v. Lexington-Fayette Urban County Gov’t, 488 F. App’x 9 (6th Cir. 2012)
Successfully represented urban county government, including arguing Sixth Circuit appeal, defeating class certification and obtaining summary judgment in putative class action asserting claims under 42 U.S.C. §1983 for alleged deliberate indifference to acts of abuse by director of non-profit corporation that received local government grant funding.
Bidwell v. University Medical Center, Inc., 685 F.3d 613 (6th Cir. 2012)
Successfully argued appeal in first decision by any U.S. Court of Appeals construing the scope of Safe Harbor protection under new ERISA default investment rules.
Young v. Nationwide Mutual Insurance Co., 693 F.3d 532 (6th Cir. 2012)
Represented national insurance company in federal class action alleging incorrect calculation and collection of local government taxes on insurance premiums, including negotiating settlement and leading effort for court approval of class settlement.
Kentucky Public Service Commission v. Conway, 324 S.W.3d 373 (Ky. 2010)
Successfully represented public utilities in appeals construing statutory authority of Kentucky Public Service Commission to approve certain types of rate and tariff provisions.
Burkhead v. Louisville Gas & Electric Co., 250 F.R.D. 287 (W.D. Ky. 2008)
Successfully represented public utility in opposing certification of class action alleging damages resulting from emissions by coal fired electric power plant.
Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006)
Represented Office of the Governor in landmark case concerning scope of Governor’s power to issue blanket amnesty prior to indictment under the Kentucky Constitution.
Fletcher v. Commonwealth, 163 S.W.3d 852 (Ky. 2005)
Represented Office of the Governor in landmark case concerning constitutional authority of the Governor to fund the continuation of public programs in the absence of a legislatively enacted budget.
Yale Law School, J.D., 2001
University of Louisville, B.A., 1995, summa cum laude
Honorable Karen Nelson Moore, U.S. Court of Appeals for the Sixth Circuit
U.S. Supreme Court
U.S. Court of Appeals for the Sixth Circuit
Eastern District of Kentucky
Western District of Kentucky
November 4, 2024 | Publications
When crafting an appellate brief, the focus for most lawyers is the arguments section, which aims to...
September 27, 2024 | Publications
Frost Brown Todd has collected in one place summaries of notable rulings from the U.S. Supreme Court...
September 26, 2024 | Publications
Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (June 27, 2024) In Securities and Exc...
April 22, 2024 | Publications
Muldrow v. City of St. Louis, 144 S. Ct. 193 (Apr. 17, 2024) The U.S. Supreme Court’s recent opini...
August 16, 2023 | Publications
Coinbase, Inc. v. Bielski, 143 S. Ct. 1915 (June 23, 2023) In Coinbase, Inc. v Bielski, a 5-4 U.S. S...
September 30, 2022 | Publications
The 2021 Term saw the U.S. Supreme Court issue a quartet of decisions addressing enforcement of arbi...
February 4, 2022 | Publications
The Kentucky Workers Compensation Funding Commission (“Funding Commission”) recently announced t...
September 16, 2020 | Coronavirus Response Team
As COVID-19 deaths and cases continue to rise, Ohio has taken legislative steps to provide protectio...
June 12, 2020 | Coronavirus Response Team
As COVID-19 deaths and cases continue to rise, the Ohio House and the Senate are working along paral...
April 20, 2020 | Coronavirus Response Team
On Saturday, April 18, 2020, a federal district judge in Louisville, Kentucky, denied a request by t...
April 17, 2020 | Coronavirus Response Team
The United States Department of Justice (“DOJ”) recently filed a Statement of Interest in Suppor...
April 15, 2020 | Coronavirus Response Team
As states and localities have taken action to stem the spread of the coronavirus, courts are increas...
March 5, 2020 | Experience
A unanimous panel of the Sixth Circuit Court of Appeals affirmed the dismissal of all claims by an N...
June 17, 2011 | Experience
Client: Louisville Gas & Electric Company, et al. Close date: August 2010 Case citation: 332 ...
June 17, 2011 | Experience
Client: Duke Energy Kentucky, Inc. Close date: August 2011 Case citation: 324 S.W.3d 373 (Ky. 201...