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Practices

Biography

Jason has represented clients in litigation matters in state and federal courts and before administrative agencies. He has experience in trial and appellate level litigation in a variety of areas, including complex commercial disputes, mass tort, class actions, constitutional law, administrative law, energy law, and municipal law. Examples of his representative experience include:

  • Representing an investor-owned utility in a multi-million dollar contract dispute in federal district court involving the interpretation of a long-term power purchase agreement with a municipal utility.
  • Representing insurance companies in a federal court putative class action brought by individual policyholders alleging that they were incorrectly assessed local government premium taxes.
  • Representing a telecommunications company in appellate litigation, including arguing the appeal, which resulted in the reversal of a Public Service Commission order requiring the company to pay retroactive refunds of previously-collected rates.
  • Representing a manufacturer of commercial electric generation equipment in a commercial arbitration concerning breach of warranty claims relating to alleged design defects in generation equipment.
  • Representing the Kentucky Office of the Governor in state trial court and appellate litigation concerning the constitutional powers of the governor to continue funding essential state programs following the General Assembly’s failure to enact appropriations.
  • Representing an electric utility in connection with class certification proceedings seeking certification of a class of residents alleging property damage from air emissions at one of the utility’s generation plant, which resulted in an order denying class certification.
  • Representing individual defendants in a federal court class action suit alleging breach of fiduciary duties under ERISA in connection with the purchase of stock by an ESOP.
  • Representing an electric utility in federal district court litigation, which succeeded in obtaining a declaratory judgment invalidating a state statute regulating transmission curtailment under the Commerce Clause of the U.S. Constitution.

Before joining the firm in 2003, Jason worked for Kirkland and Ellis LLP in Chicago, Illinois, where he represented clients in a variety of litigation matters in state and federal courts. Following law school, Jason clerked for the Honorable Karen Nelson Moore on the U.S. Court of Appeals for the Sixth Circuit.

Other Info About Jason

Experience

Legal Work Highlights

Coppage Construction Co. v. Sanitation District No. 1, 459 S.W.3d 855 (Ky. 2015) (reversing Court of Appeals, and holding regional sanitation district was not entitled to sovereign immunity in suit by construction contractor on sewer line project).

Bidwell v. University Medical Center, Inc., 684 F.3d 613 (6th Cir. 2012) (on question of first impression, affirming dismissal of ERISA fiduciary duty claims pursuant to “safe harbor” provisions in Qualified Default Investment Alternative regulations).

City of Owensboro v. Kentucky Utilities Co., Civ. Action No. 4:04-CV87-M, 2008 WL 4680735 (W.D. Ky. Oct. 16, 2008) (granting summary judgment on number of contract interpretation claims in power purchase contract dispute)

Franklin County, Ky. v. Travelers Property Casualty Ins. Co., Civ. Action No. 3:08-52-DCR, 2008 WL 5273911, (Dec. 16, 2008) (granting motion to dismiss claims by putative class of local governments alleging underpayment of local government premium taxes on grounds of failure to exhaust administrative remedies)

Burkhead v. Louisville Gas & Elec. Co., 250 F.R.D. 287 (W.D. Ky. 2008) (denying class certification to putative class of residents claiming property damage from emissions at company’s electric generation plant)

Baker v. Fletcher, 204 S.W.3d 589 (Ky. 2006) (affirming dismissal of suit by state employees seeking pay raises based on claim that Governor and legislature had unconstitutionally suspended pay raise statute)

Fletcher v. Stumbo, 163 S.W.3d 852 (Ky. 2005) (defining Governor’s constitutional powers to continue funding of programs required under state Constitution and federal Supremacy Clause in the absence of legislatively-enacted appropriations)

Cincinnati Bell Tele. Co. v. Kentucky Public Service Comm’n, 223 S.W.3d 829 (Ky. Ct. App. 2007) (invalidating public service commission order requiring payment of refunds under filed rate doctrine)

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. Court of Appeals for the Sixth Circuit

Eastern District of Kentucky

Western District of Kentucky

Professional Affiliations

Professional Affiliations & Memberships

Illinois Bar Association

Kentucky Bar Association

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