Marcia L. Pearson Partner




Marcia Pearson’s civil litigation practice primarily focuses on the defense of nursing home companies involving their operations in Kentucky. Marcia defends these companies from claims of medical negligence, corporate negligence, violations of Kentucky’s long-term care residents’ rights statute, wrongful death and punitive damages. Marcia places a significant emphasis on e-discovery and alternative dispute resolution strategies to achieve successful outcomes for her clients. She also has extensive employment counseling and litigation experience, and regularly handles a range of other personal injury claims and general commercial disputes as well.

Marcia views her obligations to her clients as extending well beyond the courtroom. Her approach to defending her clients includes efforts to prevent litigation from occurring by collaborating on risk management strategies and balancing business needs with litigation risk.

Marcia’s familiarity with the business side of the health care industry provides her with the unique ability to offer meaningful pre-litigation counseling and defense of employment claims to health care clients as well as clients in other industries.

Community Involvement
A former board member of Big Brothers Big Sisters of Kentuckiana, Marcia continues to provide this organization with pro bono employment advice, including annual harassment training for staff as well as counseling with respect to personnel policies and procedures and potential legal concerns.

Areas of Focus

Nursing Home Litigation
Marcia represents owners and operators of long-term care facilities, assisted-living facilities and hospitals located throughout Kentucky and surrounding states in lawsuits that involve allegations of medical negligence, corporate negligence, administrative negligence, inadequate staffing, wrongful death and statutory violations of residents’ rights. Marcia also routinely assists her health care clients with internal investigations, regulatory compliance and pre-suit production of medical records.

Employment & Labor
In the employment area, Marcia advises human resource personnel regarding hiring, firing, accommodations, FMLA leave, wage and hour issues, diversity training, employment policies and employee handbooks. She also provides sexual harassment training and assists with internal investigations involving claims of harassment. In addition, Marcia defends employers in claims alleging race, sex, religious, national origin, disability and sexual orientation discrimination and has handled cases involving retaliation, wrongful discharge, defamation, sexual harassment and collective actions under the Fair Labor Standards Act.

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