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Practices

Biography

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.

Other Info About Jason

Experience

Legal Work Highlights

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.

 

 

 

 

 

 

 

Education

Law School

Yale Law School, J.D., 2001

Undergraduate School

University of Louisville, B.A., 1995, summa cum laude

Clerkships

Jason served as a clerk for the court(s) and judge(s) below:

Honorable Karen Nelson Moore, U.S. Court of Appeals for the Sixth Circuit

Bar Memberships

Jason is licensed to practice in the following state(s):

Kentucky, 2003

Courts

Jason is admitted to practice before the following court(s):

U.S. Supreme Court

U.S. Court of Appeals for the Sixth Circuit

Eastern District of Kentucky

Western District of Kentucky

Professional Affiliations

Professional Affiliations & Memberships

Kentucky Bar Association

Major Publications

Jason is an author or contributor to the following publications:

“Tips for Persuasive Briefs Beyond the Argument Section,” Co-Author, Law360, November 20, 2024

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