P Blaine Grant is a lawyer practicing business litigation, civil litigation, appellate practice and 25 other areas of law. P received a B.B.A. degree from Southern Methodist University in 1992, and has been licensed for 30 years. P practices at Hayden Grant PLLC in Louisville, KY.
Achievements in Areas of Concentration
- Engaged in full-time law practice for over 15 years.
- Litigated cases in state and federal trial and appellate courts, and in mediation and arbitration throughout Kentucky and the nation.
- Successfully prosecuted 13 jury trials, as well as numerous bench trials and evidentiary hearings.
- Former Partner/Member, Greenebaum Doll & McDonald PLLC, Louisville, Kentucky, 2000-2011
- Former Prosecuting Attorney, Dallas County District Attorney's Office, Dallas, Texas, 1999
- Former Associate Attorney, Thompson & Knight LLP, Dallas, Texas, 1996-1999
Representative Experience:
CLASS ACTION DEFENSE LITIGATION
- Represented one of the largest privately owned aggregate suppliers in the denial of a motion for class certification brought by commercial and residential class members alleging over $50,000,000 in damages, as well as the subsequent defense and coordination of over 200 individual state court lawsuits filed in response to the class certification denial. The first eleven trial cases were settled at a very favorable amount at the eve of trial and after extensive fact and expert discovery, as well as extensive dispositive and pretrial motions and Daubert evidentiary hearings. Eventually, all of the cases (except for opt-outs) were resolved via class settlement. Also, subsequently enforced the Final Order and Bar Order against a class member.
- Represented a publicly traded chemical manufacturer in an alleged multi-million dollar particulate and odor consumer class action matter.
- Serving as first chair, obtained a dismissal of a consumer class action matter against a national tax resolution firm at both the arbitration and federal court level.
- Represented a national bank in class action litigation brought on behalf of consumers challenging certain end of lease procedures and fees. The case resulted in a favorable settlement.
- Represented a venture capital firm in a securities class action matter that resulted in a favorable settlement. Also, subsequently enforced the Final Order and Bar Order against a class member.
BANKRUPTCY LITIGATION
- Represented a debtor in a Chapter 11 Bankruptcy challenging a $30,000,000 plus coal transaction. In addition, represented the debtor in the various avoidance actions within that proceeding. All matters were resolved on favorable terms.
- Provided adversary proceeding litigation assistance to the Firm's Bankruptcy Group in the form of hearing attendance, oral argument, discovery, legal briefing, and case and trial preparation.
- Serving as first chair, represented an individual in numerous multi-jurisdictional cases involving millions of dollars in personal guaranties prior to and leading up to the filing of a Chapter 7 Bankruptcy.
- Serving as first chair, represented a spouse of the debtor involving his multi-million dollar Chapter 7 bankruptcy proceeding.
COPYRIGHT AND TRADEMARK INFRINGEMENT, TRADE SECRET,
DOMAIN NAME AND COVENANT NOT TO COMPETE, NON-SOLICITATION AND NON-DISCLOSURE LITIGATION
- Represented a global entertainment company, a national retailer of home improvement and construction products and services, and a national department store in a multi-million dollar copyright matter, and obtained a dismissal with prejudice prior to any discovery.
- Represented a machine manufacturer in trade secret/misappropriation litigation involving design drawings. After extensive fact and expert discovery, as well as extensive Daubert evidentiary hearings, the case was resolved with a very favorable settlement.
- Represented a publicly traded automotive after market distributor in a copyright, trademark infringement, and breach of fiduciary duty case involving its parts catalogs.
- Pre-litigation, and while serving as first chair, successfully forced a laser hair removal competitor to transfer back the client's improperly obtained domain name.
- Successfully represented several companies in enforcing their covenant not to compete, non-solicitation and non-disclosure agreements.
INSURANCE AND PROFESSIONAL LIABILITY LITIGATION
- Represented a publicly traded and national insurance broker in a number of insurance procurement matters, including a matter that I argued before the Supreme Court of Kentucky.
- Serving as first chair, represented an equipment manufacturer in its capacity as a beneficiary to a multi-million dollar key man life insurance policy. After extensive discovery, the matter was resolved with a very favorable settlement.
- Serving as first chair, represented insurance agents in numerous cases involving alleged negligent failure to procure proper insurance.
- Serving as first chair, represented an employer-insured international bedding company against its insurance agents, third-party administrator and purported insurer in a stop-loss insurance scheme involving an employee benefit plan.
- Represented an elderly woman in a multi-million dollar action against her investment advisor and attorney. The matter was successfully resolved.
CONTRACT AND WARRANTY LITIGATION
- Serving as first chair, represented a Texas manufacturer of high performance aircraft engines in a multi-million dollar contract dispute and successfully resolved the matter by having the foreign litigation transferred to the client's home state.
- Represented a publicly traded automotive manufacturer in various multi-million dollar contractual and lease disputes, and other matters, as well as assisted in overseeing internal and outside investigations.
- Represented a manufacturer of commercial air-conditioning and air-filtration products in a shipping matter and obtained a state court summary judgment on both liability and damages in favor of the client.
- Serving as first chair, represented a motor home manufacturer in a consumer breach of warranty claim. The matter was successfully resolved just prior to trial.
- Represented a steel manufacturer in breach of warranty matters and other contractual matters, and resolved them all on favorable terms.
- Serving as first chair, represented a pharmacy in defense of and in prosecution of a substantial breach of contract action against its supplier and resolved it on very favorable terms.
- Serving as first chair, represented a regional airline in a multi-million dollar breach of contract action.
- Serving as first chair, represented a residential home builder in a matter involving the enforcement of a restrictive covenant and resolved the matter on favorable terms.
- Serving as first chair, represented a restaurant owner in a dispute against a former minority owner.
- Serving as first chair, represented a distributor of construction and mining equipment in several breach of contract actions.
- Serving as first chair, represented a leading international banking group in a contractual letter of credit matter.
- Serving as first chair, represented a full service event company in a contractual matter involving the Kentucky World Equestrian Games.
TORT LITIGATION
- Serving as first chair, represented a worldwide producer of industrial chemicals in a wrongful death action, and obtained a dismissal with prejudice prior to discovery.
- Serving as first chair, represented a worldwide distributor of aircraft ground support equipment in a brain injury matter and resolved it on favorable terms.
- Serving as first chair, represented one of the largest gasoline-convenience store companies in a substantial brain injury matter. The matter was resolved the weekend prior to the trial on very favorable terms to the client.
- Serving as first chair, represented a landmark hotel in a substantial tort action. The matter was resolved just before trial on favorable terms.
- Represented a hospital public relations manager in a tort dispute arising during union negotiations and campaigning, and obtained a summary judgment dismissal of the claims after extensive discovery. Also, established law in Kentucky that an affidavit which contradicts prior deposition testimony cannot be used to defeat a motion for summary judgment.
- Represented both manufacturers and premises owners in cases involving asbestosis, lung cancer, mesothelioma, and silicosis.
- Serving as first chair, represented a local County Board in a property trespass matter.
SECURITIES AND RICO LITIGATION
- Successfully represented one of the world's leading financial management and advisory companies, as well as its employees, in several FINRA (formerly NASD) arbitration proceedings.
- Represented one of the nation's leading banks in a RICO matter, and successfully obtained a summary judgment dismissal of the matter.
- Serving as first chair, represented one of the nation's largest independent broker/dealers in compelling a FINRA arbitration proceeding.
ESTATE LITIGATION
- Represented an Estate and the decedent's children in challenging certain realty and personal property contractual transactions on mental capacity and undue influence grounds. The matter was successfully resolved prior to having to initiate suit.
- Serving as first chair, represented a creditor in a multi-million dollar Estate proceeding and resolved it on very favorable terms.
PROPERTY TAX LITIGATION
- Serving as first chair, represented one of the nation's largest investors to State and local taxing authorities in property foreclosure and other related litigation and appellate matters.
- Serving as first chair, represented a large manager of property foreclosure matters in related litigation.
EXAMPLES OF REPORTED CASES IN AREAS OF CONCENTRATION:
- Corum, et al. v. Fifth Third Bank of Kentucky, Inc., et al., 2004 WL 594996 (W.D. Ky. 2004) (considering the use of a "test case" trial of a class representative before ruling on the motion for class certification and class notice issues)
- Adams, et al. v. Federal Materials Co., Inc., et al., 2005 WL 1862378 (W.D. Ky. 2005) (nationally recognized case of first impression in which Class Action Fairness Act found to allow removal of an action to federal court by a later added defendant)
- Emery Worldwide, a subsidiary of CNF, Inc. v. AAF-McQuay, Inc., 2005 WL 2402544 (Ky. App. 2005) (discretionary review denied) (upholding the trial court's summary judgment for liability and damages in favor of a shipper against an air carrier despite the air carrier's boiler plate terms and conditions, and finding that the state law breach of contract claim was not preempted by federal common law)
- Sims, et al. v. Ohio Cas. Ins. Co., et al., 151 Fed. Appx. 433 (6th Cir. 2005) (upholding the district court's dismissal of the RICO claims as untimely)
- Gilliam v. Pikeville United Methodist Hospital of Kentucky, Inc., et al., 215 S.W.3d 56 (Ky. App. 2006) (discretionary review denied) (upholding the trial court's summary judgment dismissal of plaintiff's defamation and invasion of privacy claims, and definitively establishing in Kentucky that an affidavit which contradicts prior deposition testimony cannot be used to defeat a motion for summary judgment)
- Adams, et al. v. Federal Materials Co., et al., 2006 WL 3772065 (W.D. Ky. 2006) (denial of a motion for class certification by 500-1,500 commercial and residential class members alleging over $50,000,000 in concrete damages)
- Peacock, et al. v. Damon Corporation, et al., 458 F. Supp. 2d 411 (W.D. Ky. 2006) (granting summary judgment dismissal on the express warranty claim, breach of good faith claim under the Kentucky Uniform Commercial Code and mental suffering or emotional distress damage claim under the Kentucky Consumer Protection Act)
- Lockmans v. JK Harris & Co., LLC, 2007 WL 734951 (W.D. Ky. 2007) (granting dismissal with prejudice of a federal consumer class action matter because a non-class action individual arbitration was the proper forum for the dispute)
- Donaway, et al. v. Rohm and Haas Company, 2009 WL 1917083 (W.D. Ky. 2009) (addressing the class action settlement, approving same under certain conditions, and reducing the attorneys' fees of the plaintiffs' attorney)
- Williams, et al. v. TLD America Corporation, 2009 WL 3270160 (W.D. Ky. 2009) (ordering well prior to trial that an apportionment instruction be given for a non-party employer who provided coverage and paid under the Kentucky Workers' Compensation Act)
- Faulkner v. ABB, Inc., et al., 2009 WL 3462505 (W.D. Ky. 2009) (granting a dismissal with prejudice in a wrongful death action prior to any discovery against the client)
- Williams, et al. v. TLD America Corporation, 2010 WL 456869 (W.D. Ky. 2010) (addressing the statute of limitations defense and relation back doctrine when a new defendant is added late in the proceeding)
- Associated Insurance Service, Inc., et al. v. Garcia, et al., 307 S.W.3d 58 (Ky. 2010) (addressing a matter of first impression involving the collusive nature and propriety of an assignment of a claim by an insured against its insurance agent and broker when coupled with a covenant not to execute any judgment against the insured)
CIVIC AND CHARITABLE INVOLVEMENT
- Dallas Area Young Lawyers - Member, Special Olympics Committee, 1996-1998
- Dallas Bar Association - Member, Legal Line Committee (fielded calls and answered legal questions of indigent individuals in the community), 1997-1999
- Hurstbourne Country Club, Member, 2000-2010, and active member of Hurstbourne's Membership Committee, 2000-2007
- Louisville Bar Association Santa's Toy Drive, Volunteer, 2001-2011
- Southeast Christian Church, Member, 2000-present, and Involvement Ministries Volunteer and Bible Study Facilitator/Teacher/Leader, 2000-2007
- Fund for the Arts, Volunteer Campaign Fundraiser, 2004
- Southeast Christian Church Groups Coach Leader, oversee small group bible study leaders, 2007
- Liberty High School, Presenter, "Possible Civil Litigation Consequences for a Minor's Criminal Actions," 2007
- Dawson Orman Early Childhood Education Center Reading Program, Volunteer Reader and Tutor to preschool children, 2008-2009
- Northeast Christian Church, Adopt a Family for Thanksgiving, 2008
- Louisville Collegiate School Young Alumni Summer Job Program, 2009
- Volunteer Arbitrator, Willem C. Vis International Commercial Arbitration Moot Competition, 2010
- Coed Flag Football Coach, YMCA of Greater Louisville, 2010-2011
- The dePaul School Facilities Task Force Member, 2011-present
- Northeast Christian Church, Small Group Leader for Third Grade Boys, 2012
- Active financial contributor to various national, international and local charities and missions through Southeast and Northeast Christian Churches, Cabbage Patch, American Cancer Society, Children's Cancer Society, United Way, Kentucky Legal Aid Society, Youth for Christ, Power Ministries (for the handicapped) and Fellowship of Christian Athletes, 2000
SELECTED PUBLICATIONS AND PRESENTATIONS
- Co-Author of the "Insurer Insolvency" Chapter of the e-Book entitled "E&O Loss Control & Risk Management Program for Insurance Agents and Brokers", 2012
- "Insurance Agent and Broker Liability Exposure When the Insurer Fails or Goes Bankrupt," USLAW Network Client Conference, Colorado Springs, Colorado, October 9, 2010
- "Can Your Arbitration Agreement Subject You to a Class Action Arbitration?," Greenebaum Law Letter, Author, 2008
- "Class Actions: Adams v. Federal Materials Company, Inc.," Greenebaum Litigation Special Report, Co-Author, 2006
- "Defamation: Gilliam v. Pikeville United Methodist Hospital of Kentucky, Inc., et al.," Greenebaum Litigation Special Report, Co-Author, 2006
- "Class Action Fairness Act Allows Removal of an Action to Federal Court by a Later Defendant," Greenebaum Class Action Defense Update, 2005
- "The Rising Stakes of Enforcement Proceedings Brought by the Securities and Exchange Commission," Greenebaum Law Letter, Co-author, 2005
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