Eric M. Jensen Of Counsel

     

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Eric Jensen focuses his practice on insurance defense work and general commercial litigation. During his more than 30-year career, he has been involved in all aspects and stages of complex commercial and insurance defense litigation in a broad array of industries and sectors.  A self-motivated, results-oriented team player, Eric has a wide range of legal experience and accomplishments in numerous areas of litigation, frequently serving as first chair.

When he first arrived in Louisville more than 25 years ago, Eric was with one of Louisville’s largest insurance defense firms handling a myriad of different types of litigation,  ultimately concentrating in defending hospitals and physicians in medical malpractice suits.

In addition to practicing law, Eric has taught business law at Indiana University-Southeast as an adjunct professor and has performed pro bono work for the Legal Aid Society of Louisville in the areas of forcible entry and detainer law and domestic relations law.

Areas of Focus

Insurance Defense
Eric has first chair experience in all stages of litigation from pre-suit negotiations to discovery, trial, appeal and settlement in the areas of medical malpractice defense, hospital defense, product liability defense, asbestos and other business tort defense, pharmaceutical product liability defense, catastrophic personal injury defense, construction defect litigation, workers’ compensation claims, employment litigation, insurance coverage disputes, bad faith litigation, and automobile accident and premises liability suits.

Product Liability
Eric has gained experience in a particularly wide range of product liability defense work during his three decades practicing law. Firms where he practiced in the past served as counsel across Kentucky on behalf of Fortune 500 companies involved in asbestos exposure suits and pharmaceutical-based suits. For several years, he also assisted in the defense of automobile defect suits on behalf of major car manufacturers.

Health Care
Throughout his career, Eric has represented health care entities and physicians in litigation, including defense of medical malpractice claims, licensure board proceedings, other administrative proceedings and ADR matters. He currently assists with work performed by the Louisville office’s well-known nursing home litigation team.

Financial Services
For more than a decade before joining Wilson Elser, Eric was involved in complex commercial litigation, mostly on behalf of financial institutions but also for large Louisville-based businesses. The bank work related to prosecuting complex commercial foreclosure actions often met with counterclaims asserting complex lender liability claims. He also defended financial institutions in a full array of non-foreclosure litigation, including suits involving UCC Articles 2, 3, 4 and 9, in addition to simple negligence. 

Representative Matters

Prepared briefs in trial court, Kentucky Court of Appeals and Kentucky Supreme Court in a case decided in favor of a large local bank client that involved nearly $1 million in embezzled funds and that resulted in a published decision addressing key UCC provisions: Mark D. Dean, P.S.C. v. Commonwealth Bank & Trust Co., 434 S.W.3d 489 (Ky. 2014).

Litigated a $20 million commercial foreclosure action in the U.S. District Court for the Western District of Kentucky on behalf of a large regional bank, and was successful in having a receiver appointed and then procuring dismissals in favor of the bank on all counts of the counterclaims pursued by the borrower, guarantors and condo purchasers. The property eventually was sold in a private sale overseen by the trial court. In the only appeal taken from the trial court’s rulings on dispositive motions against the various defendants, the Sixth Circuit in spring 2017 affirmed dismissal of the condo purchasers’ equitable lien claims and various other counterclaims.

Obtained a defense verdict after a two-week jury trial in Jefferson Circuit Court in Louisville, Kentucky, in a medical malpractice case involving catastrophic injuries in which plaintiff sought in excess of $15 million in damages.

Obtained defense verdicts in several other medical malpractice jury trials, including an emotionally charged failure-to-treat case in Vanderburgh Circuit Court in Evansville, Indiana, in which plaintiff’s decedent had passed away from breast cancer.

Obtained defense verdict in a reverse-discrimination suit filed in Jefferson Circuit Court, Louisville, Kentucky.

Settled numerous complex cases (in both contract and tort) involving considerable exposure, including one in which a bank client paid several million dollars to settle plaintiffs’ claims.