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Landrum Shouse
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Landrum & Shouse is recognized as the most prolific law firm for 2015 by the KY Trial Verdict Reporter!
Landrum & Shouse is recognized as the most prolific law firm for 2015 by the KY Trial Verdict Reporter!

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Another BIG DEFENSE VICTORY! Congratulations Bradley C. Hooks and Gregory A. Jackson.
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BIG DEFENSE VICTORY!!!!!

Leslie Vose, Erin Sammons, and Greg Jackson successfully defended our client, Bluegrass.org, in a gender discrimination/retaliation case both at the trial level and on appeal from Fayette Circuit Court. Bluegrass.org employed the Plaintiff as a licensed clinical social worker. During that time, the Plaintiff filed an EEOC charge against Bluegrass.org, claiming that she had received a poor performance evaluation after complaining about a gender-based wage disparity. Defendant responded by showing that it had appropriately adjusted Plaintiff’s wages once she brought the disparity to its attention, and that Plaintiff had actually received a satisfactory performance review. While the EEOC proceeding was pending, it came to Defendant’s attention that the Plaintiff had inappropriately filed a petition to have a client involuntarily hospitalized in violation of Defendant’s Client Rights Policy, and Plaintiff was immediately suspended. Following an investigation that substantiated the events, the Plaintiff was offered a three-month correction plan, which she refused. As a result, her employment was terminated.

Plaintiff filed her civil complaint against Defendant, alleging that she had been discriminated against because of her gender, and that she had been terminated in retaliation for having filed the EEOC Charge. Defendant moved for summary judgment to have the case dismissed, which the trial court granted.

After Plaintiff’s several failed attempts to have the dismissal reversed, she took the case up on appeal. During the briefing period, Defendant was able to prevent Plaintiff’s several attempts to bring extraneous materials before the Court of Appeals that had not been included in the record below.

In its opinion affirming summary judgment dismissing the complaint against the Defendant, the Court of Appeals determined that Plaintiff had failed to make out a case of gender discrimination because she was unable to refute Defendant’s evidence showing that she was paid similarly to her male colleagues. The Court of Appeals further determined that Plaintiff’s retaliation claim failed because she was unable to show that her termination was related to having filed the EEOC Charge. The Court of Appeals opinion is marked to be published.


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BIG Congratulations to Partner Jeffrey A. Taylor. With the close of 2016 the Kentucky Trial Court Review results are in and has reported its most prolific trial attorneys for the entire state of Kentucky. Partner Jeff Taylor is ranked in the top 13 most prolific trial attorneys in the state of KY over the past decade. We appreciate all of his dedication to L&S and his passion for
litigation. Way to go Jeff!

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DEFENSE VICTORY!!!

Lacey Fiorella and Dan Murner tried a trip and fall case in Jessamine Circuit Court the week following Thanksgiving. Our client, ARC Development, LLC was the owner of the property where Plaintiff, age 70 at the time, fell after stepping in a depression in the pavement. Plaintiff’s counsel called the depression a hole. The depression was located at the top of a parking space and was designed to allow access to a sewer cleanout. Plaintiff fell as she was returning to her car to retrieve her phone. Plaintiff’s expert testified that the condition was a “severe defect” in the property. Defendant argued Plaintiff’s failure to watch her step while wearing wedge sandals.

Plaintiff suffered a fractured patella and fractured 5th metatarsal. She also claimed headaches and neck pain. The medical expenses totaled approximately $25,000. Plaintiff sought $300,000 in pain and suffering at trial.

Plaintiff turned down a sum at mediation and opted for trial. The jury deliberated for 15 minutes and returned with a defense verdict.

DANIEL E. MURNER
Lexington Office
Telephone Extension 265
Email: dmurner@landrumshouse.com

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Check it out! L&S's very own, Pierce W. Hamblin been has listed as a Top 10 & Top 50 KY Super Lawyer 2017. We are also pleased to announce that Leslie P. Vose has also been listed as Top 25 women by KY Super Lawyers! Both of these Partners have been nominated, researched and gone through the blue ribbon review process. We are thrilled and honored to have them as part of our team. Way to go!!!!!!!

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12/20/16
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L&S celebrated their 28th annual Christmas Gift Wish Program! For the last 27 years Landrum and Shouse has provided Christmas gifts and a Christmas party for the young teens at the Lexington Juvenile Day Treatment Center on Cisco Road. We are thrilled to bring joy to these young people during the holiday season and look forward to many years to come. Special thanks to our volunteers – John McNeill, Tom Cooper, Cheryl Tingle, Bobbie Kouns. 
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12/19/16
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Congratulations to Partner, Leslie P. Vose who has received special recognition of 25 years of certification from the National Board of Trial Advocacy. Way to go Leslie! #NBTA
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12/14/16
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Partner, Evan B. Jones is teaching at the National Business Institute. This is a 2-Day Practical Course covering Advanced Legal Issues Affecting Local Governments and Municipalities. Mr. Jones will be teaching on Dec. 9th - DRONES: What Local Governments and Municipalities need to know NOW!

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FMCSA Establishes Mandatory Database for Drug and Alcohol Violations

Written by: Partner, Michael E. Hammond

The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule that establishes a drug and alcohol clearinghouse for the holders of a Commercial Driver’s License (CDL). The Commercial Driver’s License Drug and Alcohol Clearinghouse will serve as a central repository for records of violations of the FMCSA drug and alcohol testing program by CDL holders. Compliance with the Clearinghouse rules will be required as of January 6, 2020. The rule is designed to identify the drivers of commercial motor vehicles (CMVs) who are ineligible to operate a CMV because of a drug or alcohol violation.

Employers and medical review officers will be required to report positive drug test results, alcohol test results greater than 0.04 blood alcohol content, refusals to test and other non-test violations to the Clearinghouse. Current return to duty rules require the completion of a rehabilitation program that complies with federal guidelines and a drug/alcohol retest following a violation that would prohibit safety-sensitive functions. The new rule will also require that substance abuse professionals report information about drivers undergoing the return-to-duty drug and alcohol rehabilitation process. Finally, employers will be required to search with the Clearinghouse during the pre-employment process with potential new hires and on an annual basis with current employees to prevent operation of a CMV by an individual that is prohibited from performing safety-sensitive functions.

The purpose of this new rule is to improve roadway safety. The Clearinghouse is intended to prevent the concealment of drug and alcohol violations by moving to a different job or jurisdiction. For more information, the rule’s full text can be reviewed at https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-27398.pdf .

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