Keith has represented numerous clients in cases filed in the state and federal courts of Kentucky, New York, Ohio, North Carolina, South Carolina, and Tennessee, and has tried cases in Kentucky, North Carolina and Tennessee. In the area of employment law, Keith has defended public and private employers in actions alleging FMLA violations, ADA violations, gender discrimination, race discrimination, whistle-blower violations, retaliation for filing workers compensation claims, retaliation for reporting suspected discrimination, retaliation for engaging in speech protected by the First Amendment, and termination in violation of public policy.
Keith has also represented a number of employers seeking to enforce restrictive employment agreements or covenants not to compete. In the area of product liability, he has defended a number of products, including vinyl vapor barrier, polyurethane foam, prescription drugs, and animal vaccines. In the area of general commercial litigation, Keith has litigated cases alleging breaches of contract, bad faith, breaches of fiduciary duty, and matters involving statutory interpretation.
While in law school, Keith was a member of the Kentucky Law Journal and the Order of the Coif. After law school, he served as law clerk to the Honorable Edward H. Johnstone, Chief Judge of the United States District Court for the Western District of Kentucky, from August of 1983, until August of 1985. His undergraduate degree is in Forestry.
Ibarra v. LFUCG: Obtained summary judgment for public employer on claim by former employee that he was discharged for speech allegedly protected by the First Amendment.
Moor v. LFUCG: Obtained summary judgment for public employer on claim by former employee that he was discharged for complaining of suspected waste or mismanagement, allegedly in violation of the Kentucky Whistleblower Act.
Jones v. LFUCG: Obtained summary judgment for public employer on claim by former police officer that she was not re-hired due to gender discrimination.
Bruch v. Ashland, Inc.: Obtained summary judgment for employer on claim by former officer that he was terminated because he requested FMLA leave to deal with medical issues.
Chism v. Ale-8-One: Obtained dismissal of claim by former employee that his discharge following after he filed a police report indicating that he had been assaulted by his supervisor constituted a termination in violation of public policy.
IFC Nonwovens v. Rhone-Poulenc, Inc.: Obtained defense verdict (after four-week trial on liability only) for manufacturer of vinyl vapor barrier on claim that product had unreasonably spread a fire which destroyed a warehouse.
Denney v. Upjohn: Assisted in obtaining settlement for animal vaccine manufacturer at the end of a multiple-day jury trial on claim that vaccine had caused death of numerous dairy cattle.
Ward v. Kentucky Dataworks: Obtained decision in Kentucky Court of Appeals that alleged agreement to sell company was an unenforceable “agreement to agree” rather than a binding agreement, and, therefore, selling company, and subsequent purchaser, had committed no wrong when alleged agreement was not completed.
Bowling v. Martin Agency: Obtained summary judgment for insurance agency on claim that it had negligently failed to issue policy with coverage allegedly requested by insured.
December 6, 2017
October 25, 2018
November 27, 2019
University of Kentucky College of Law, J.D., 1983, with distinction
University of Kentucky, B.S., 1979
Law Clerk, Honorable Edward H. Johnstone, Chief Judge of the United States District Court for the Western District of Kentucky, 1983-1985
Kentucky Super Lawyers®, 2013-2014, 2020
AV® Rated, Martindale-Hubbell®
The Best Lawyers in America®, Litigation-Labor & Employment, Employment Law-Management, 2011-2019; Lexington Litigation-Labor & Employment “Lawyer of the Year,” 2012
Boy Scouts of America, Bluegrass Council, Board of Directors;’ Troop 93 Assistant Scoutmaster
Iroquois Hunt Club
Christ the King, Oktoberfest Committee