What We’ve Done
Secured reversal of adverse summary judgment and a remand to the trial court for further proceedings as lead counsel for plaintiff claiming over $5 million in damages for civil-rights violations arising from law enforcement’s illegal search and excessive force.
Successfully obtained summary judgment as counsel for a defendant in a federal-court employment-discrimination case against a religious institution brought by a school principal seeking a seven-figure recovery.
Obtained unanimous $3.3 million jury verdict in complex estate litigation on behalf of contingent beneficiary for claims involving tortious interference with inheritance, breach of fiduciary duty, and breach of contract.
Represented lender on debt in excess of $1 million in complex collections proceedings involving appointment of receiver for, and eventual foreclosure of, operating golf course.
Litigation counsel to general contractor in connection with $68,000,000+ development of major historic building in Louisville’s urban core.
Represented multi-billion-dollar, publicly traded social-media company in connection with multiple successful motions to quash improperly issued records subpoenas.
Counsel in petition for extraordinary relief on behalf of non-party business entity responsible for managing more than $100 million in assets, which was improperly enjoined and subjected to Family Court’s “status quo order.”
Counsel and strategic consultant in extraordinary-relief petition brought by pharmaceutical company from whom the Commonwealth of Kentucky sought $1 billion in damages, which the Commonwealth agreed to settle for a small fraction of that amount after oral argument before the Kentucky Supreme Court.
Lead counsel for former Governor asserting claims against privately-held company for breach of contract, tortious interference and intellectual property infringement. Case resolved favorably for client prior to filing.
Lead counsel for plaintiff against closely-held coal company asserting multi-million dollar claims for breach of partnership agreement, fraud and negligent misrepresentation. Case settled in favor of client prior to trial.
Lead counsel for defendant coal company in breach of contract and fraud case brought by coal sales broker. Obtained successful dismissal of tort claims and case resolved favorably for client following appeal to Sixth Circuit.
Secured reversal on appeal of defendant’s 150-month sentence for convictions relating to a vote-buying conspiracy, which had been entered following an eight-week trial in federal court; on remand, the defendant entered into a negotiated plea in which he served no additional prison time.
Served as a strategic consultant and oral-argument coach for class-action counsel in an appeal to the Kentucky Supreme Court in a pharmaceutical mass-tort action that settled for a confidential amount after oral argument.
Lead counsel for defendant coal company in multi-million dollar breach of contract and fraud case alleging breach of a royalty and sales commission contract asserted by a coal sales broker. Partial summary judgment obtained for client and case subsequently settled.
Lead counsel for plaintiff in breach of contract and negligence lawsuit against computer software firm related to improper installation and customization of accounting system. Case resolved in favor of client before discovery commenced.
Lead counsel for plaintiff asserting claims for fraud, civil conspiracy and breach of contract against city and city attorney. Case resolved in favor of client at mediation.
Lead counsel for plaintiff successfully overturning on appeal a prior summary judgment in multi-million dollar claim of negligence against insurance broker. Appellate decision obtained by Mr. Miller made new law recognizing the viability of a claim of negligent misrepresentation against an insurance broker in Kentucky. Case subsequently settled in favor of client after victory on appeal.
Co-lead counsel for Defendants, publicly-traded coal companies, in judicial takings/due process lawsuit seeking damages in excess of $200 million. Ongoing.
Oral argument counsel for the plaintiff in a summary-judgment appeal arising from a civil-rights case concerning a young man’s tragic death following a collision with a police cruiser; on remand, the parties reached a seven-figure settlement following mediation.
Lead counsel for coal company executive and thirteen related defendants in bankruptcy adversary proceeding brought by Unsecured Creditors Committee for breach of fiduciary duty and related claims seeking damages in excess of $145 million. Ongoing.
Lead counsel for publicly-traded Master Limited Partnership in fraud litigation seeking damages over $11 million. Summary judgment obtained for client; zero liability.
Lead counsel for defendant coal company in action brought by National Labor Relations Board, and in counterclaim brought in D.C. seeking to invalidate rulemaking authority of NLRB on constitutional grounds. Successfully dismissed.
Lead appellate counsel for third party seeking to enforce rights under a Certificate of Insurance against insurance broker. Prevailed on appeal; new standard established under Kentucky law for duties owed by insurance brokers to third parties.
Lead counsel for defendant coal company in lawsuit brought by landowners seeking royalty payments in excess of $200 million. Summary judgment obtained for client; zero liability.
Lead counsel for shareholders in lawsuit brought against sitting U.S. Congressman for $8+ million concerning fraud and Civil RICO claims for bribery charges related to actions taken in Nigeria and other African nations. Ongoing.
Lead counsel for class of 50+ physicians in multi-million lawsuit brought against former owners of Samaritan Hospital for breach of fiduciary duty following bankruptcy of hospital. Successfully resolved.
Lead counsel for defendant coal company in $62 million claim brought by joint venture partner arising from sale of coal reserves to Penn Virginia Resource Partners. Successfully dismissed for client; zero liability.
Secured reversal of defendant’s 25-year aggregate sentence and convictions for capital murder, attempted murder, and other offenses as a result of jury-instruction errors and the trial court’s failure to declare a mistrial.
Lead counsel in appeal from dissolution of high-value marital estate worth well in excess of $1 million in which Miller Wells’s client prevailed as to all of the alleged errors raised by the opposing party regarding marital-property division, restoration of alleged non-marital property, maintenance, and attorneys’ fees and costs, and obtained a partial reversal and remand on his own cross appeal.
Lead counsel for Plaintiff in $214 million lawsuit for fraud and breach of contract against world’s third-largest investment banking organization. Successfully resolved; terms confidential.
Lead counsel for district energy company in acquisition of a co-generation facility from a public-traded company.
Lead counsel for borrower in connection with multi-tranche loan and preferred equity investment in excess of $8.0 million.
Lead counsel for municipality in connection with negotiation of franchise agreement for water utility.
Lead counsel for general contractor and construction manager in connection with the development of an 88-room, $40,000,000+ hotel redevelopment in Lexington, Kentucky.
Lead counsel for City of Lexington in connection with development of Centrepointe property and associated matters.
Lead corporate counsel for public coal company in registration and exchange offer of $200,000,000 of bonds pursuant to Securities Act of 1933.
Lead corporate counsel for software development firm in merger with publicly-traded company and accompanying private placement of preferred equity.
Lead counsel for mining engineering firm in connection with merger with bonding and consulting company.
Lead corporate counsel for issuer of $200,000,000 secured high-yield bonds pursuant to Rule 144A of the Securities Act.
Lead corporate counsel for borrower in $50 million credit facility/asset-based revolving loan.
Lead counsel for publicly-traded Fortune 100 company in project to secure and develop fluorspar mining reserve in Western Kentucky, the largest United States development of fluorspar since before the inception of the Cold War.
Co-lead counsel for issuer in a proposed simultaneous public offerings of national coal company in NASDAQ equity offering of over $120 million.
Lead counsel for borrower in $155 million credit facility comprised of fixed term note and asset-based revolving loan.
Lead counsel for issuer, a private equity fund, in exempt private placement of $15 million preferred equity sale.
Lead counsel for international engineering firm in connection with establishment of joint venture with publicly-traded consulting firm.
Lead counsel for lender in refinancing of credit facility for 45,000 square foot hotel and 15 acre commercial development.
Lead counsel for energy company in lease of over 250,000 tons of coal reserves from publicly-traded steel company, representing the largest single block of undeveloped reserves in Kentucky.
Lead counsel for purchaser, master limited partnership, of $80.7 million acquisition of coal reserves and other mineral interests from publicly-traded international energy company.
Lead counsel for buyer of fee and leasehold coal reserves in $49.6 million transaction.
Lead counsel for purchaser, private equity owned coal company, of $46.5 million of surface and mineral reserves in West Kentucky.
Lead counsel for acquirer in series of transactions with St. Louis based energy company collectively valued at $77 million.
Co-lead counsel for New York-based REIT in acquisition of $85 million industrial site from City of Louisville.