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Overview

Brent is a member of the Labor and Employment and Litigation Practice Groups. He has an extensive appellate practice, representing clients before the Kentucky Supreme Court, Kentucky Court of Appeals, United States Supreme Court, and federal Courts of Appeals. The cases he has argued have resulted in published decisions striking Louisville's minimum wage ordinance, rejecting extraterritorial application of the Kentucky Civil Rights Act, limiting a franchisor's liability for claims arising from franchisee operations, establishing a housing authority’s state agency status, and addressing common law wrongful discharge and defamation law.

Brent serves as Co-Chair of his firm’s Appellate Practice Team, and is a past Chair of the Kentucky Bar Association’s Appellate Advocacy Section. Brent also represents employers in state and federal courts, defending civil rights, common law, wrongful discharge, and contract claims. He frequently counsels employers on labor and employment issues, and is a past Chair of the Louisville Bar Association Labor and Employment Law Section.

Career Highlights

Representative Cases and Achievements

  • Kentucky Restaurant Association v. Louisville/Jefferson County Metro Government, 501 S.W.3d 425 (Ky. 2016) (striking Louisville ordinance establishing minimum wage, holding that it impermissibly conflicted with comprehensive regulatory scheme established under state statute)
  • Johns Manville Corp. v. Knauf Insulation, LLC, 749 Fed. Appx. 684 (10th Cir. 2018) (affirming defense judgment following jury trial, holding that a trial exhibit was properly admitted in light of parties' pre-trial stipulations)
  • Republic Western Insurance Co. v. Joseph Anthony West, 2012 WL 5273995 (Ky. App.2012) (following post-trial reduction of over $1 million in punitive damages and interest damages, reversed remaining bad faith/UCSPA verdict on appeal)
  • Brooks v. Lexington-Fayette Urban County Housing Auth., 332 S.W.3d 85 (Ky. App. 2009), discretionary review denied (Ky. 2011) (addressing Housing Authority’s public entity status for purposes of garnishment and award of attorney’s fees)
  • Associated Insurance Service, Inc., et al v. Daniel Garcia, M.D. and Rita Garcia, 307 S.W.3d 58 (Ky. 2010) (viability of assignments for claims against insurance brokers and agents) 
  • Toyota Motor Mfg., Kentucky, Inc. v. Johnson, 323 S.W.3d 646 (Ky. 2010) (addressing standard for issuing writ where trial court granted post-judgment relief of final decision) 
  • Humana Inc. v. Blose, 247 S.W.3d 892 (Ky. 2008) (release agreements enforceable as complete defense to claims) 
  • Papa John’s Int’l, Inc. v. McCoy, 244 S.W.3d 44 (Ky. 2008) (franchisor not involved in day-to-day franchise operations not liable as principal) 
  • Union Underwear Co. v. Barnhart, 50 S.W.3d 188 (Ky. 2001) (no extraterritorial application of Kentucky Civil Rights Act; also argued against availability of punitive damages under that statute) 
  • Kroger Co. v. Buckley, 113 S.W.3d 644 (Ky. App. 2003), Buckley v. Wilson, 177 S.W. 3d 778 (Ky. 2005), Kroger Co. v. Buckley, 2007 WL 4210675 (Ky. App. 2007) (complex employment based litigation and appeals, addressing claim preemption and jurisdictional issues) 
  • Hill v. Kentucky Lottery Corp., 327 S.W.3d 412 (Ky. 2010) (KCRA and common law employment claims, addressing preemption and jurisdictional issues) 
  • Ky. Empl. Mut. Ins. v. J&R Mining, Inc., 279 S.W.3d 513 (Ky. 2009) (amicus briefing of workers’ compensation owner exemption issue) 
  • McCollum v. Owensboro Community & Technical College, 2010 WL 5393852 (W.D. Ky. 2010) (case of first impression concerning 11th Amendment immunity of Americans with Disabilities Act Title V retaliation claim) 
  • McGee v. Continental Mills, Inc., 5:09-CV-00155-R, 2009 WL 4825010 (W.D. Ky. 2009) and McGee v. Continental Mills, Inc., 5:09-CV-00155-TBR, 2010 WL 2557750 (W.D. Ky. 2010) (application of intra-corporate conspiracy doctrine in dismissal of KCRA/workers’ compensation retaliation claims) 
  • Ralcorp Holdings, Inc. v. Fricke, 290 F. Supp.2d 759 (W.D. Ky. 2003) (ERISA health plan administrator entitled to recover equitable reimbursement from accident settlement proceeds)

Awards

  • Selected for inclusion in The Best Lawyers in America® in the fields of Appellate Practice, 2008 – 2020; Employment Law – Management, 2013-2020; Litigation – Labor & Employment, 2013-2020; Labor Law – Management, 2018-2020
  • The Best Lawyers in America® Louisville Appellate Practice “Lawyer of the Year”, 2013
  • Recipient, Kentucky Bar Association Bruce K. Davis Bar Service Award, 2013
  • Named to Louisville Magazine “Top Lawyers” List in the area of Appellate Law, 2016
  • Recognized as one of the "Top 50 Attorneys in Kentucky" in the Kentucky Super Lawyers® list, 2016, 2018-19
  • Recognized in the Kentucky Super Lawyers® list, 2013-2019

Affiliations

Professional Affiliations

  • Louisville Bar Association
  • Kentucky Bar Association
  • American Bar Association

Community Involvement

Professional Leadership

  • Chair, Kentucky Bar Association, Appellate Advocacy Section, 2010-2011
  • Chair, Louisville Bar Association, Labor & Employment Section, 2000
  • Barrister, American Inns of Court, 1996-1999, 2001-2003
  • Member, Kentucky Appellate Rules Advisory Committee, 2009-2010

Civic and Charitable Involvement

  • President, University of Louisville Woodcock Society
  • Past Vice-Chair, University of Louisville Library Advocates Board
  • Member, Ascension Lutheran Church Council
  • Past President, University of Louisville Arts & Sciences Alumni Council

Media

Contributions & Published Works

  • Author, "Unwarranted Unemployment Benefits: Why Employers Should Fight for Their Rights in the Face of Employee Misconduct," Indiana Manufacturers Association Human Resources Memo, October 2013
  • Contributing Author, “Discipline and Discharge in Arbitration,” ABA Labor & Employment Section, ADR in Labor & Employment Law Committee, 1999 
  • Author, “Punitive Damages Under the Kentucky Civil Rights Act: Myth and Reality," Louisville Bar Association Bar Briefs, March - May 1999
  • Contributing Editor, Kentucky Employment Law Letter, M. Lee Smith Publishing Co., 1993

News

Events

Presentations

  • Kentucky Appellate Law Update 2009-2010, Louisville Bar Association, September 2010
  • “Sea-Change or Semantics? The Hew and Cry Over Twombly, Iqbal and Their Effect on Employment Litigation,” American Bar Association Labor & Employment Law Conference, November 2010 
  • “What’s New With The ADA?,” The ADA Amendments Act of 2008, Kentucky Society for Human Resources Management Annual Conference, September 2009 
  • “Being Heard at Prehearing: Making the Most of Your Prehearing Statement and Prehearing Conference,” Louisville Bar Association, March 2009
  • “Employee Free Choice Act – What Does It Mean For You?,” Kentucky Association of Manufacturers Legislative Summit, February 2009 
  • “The Interplay Between ADA, FMLA and Workers’ Compensation,” Kentucky Society for Human Resource Management Annual Conference, October 2006 
  • “Employment Policies in Light of Recent Legal Developments: What You Need to Know,” Kentucky Society for Human Resource Management, April 2006 
  • “Avoiding Employment Litigation,” Kentucky Society for Human Resource Management Annual Conference, 2002, 2003
  • “Addressing and Avoiding Employment Claims,” Greater Louisville, Inc., June 2001
  • “How to Conduct an Internal Investigation,” Council on Education in Management, February 1999 
  • “Union Avoidance for Kentucky Employers,” Associated Industries of Kentucky, November 1996 
  • “Ex Parte Contact with an Adverse Party’s Current and Former Employees,” University of Louisville School of Law Carl Warns Labor & Employment Law Institute, Author, June 1996 

Services

Industries

  • University of Louisville, B.A., 1984
  • Indiana University, M.B.A., 1988
  • Indiana University, J.D., 1988
  • Illinois, 1988
    Kentucky, 1990
    U.S. Supreme Court, 1995
    U.S. Court of Appeals for the D.C. Circuit, 2006
    U.S. Court of Appeals for the Sixth Circuit, 1994
    U.S. Court of Appeals for the Ninth Circuit, 2006
    U.S. District Court, Eastern District of Kentucky, 1993
    U.S. District Court, Western District of Kentucky, 1993
    U.S. District Court, Southern District of Indiana, 2000
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