James M. Burd

Louisville, Kentucky partners Edward O’Brien and James Burd prevailed in a bench trial in the United States District Court, Western District of Kentucky, for Wilson Elser’s client, an investor who was a victim of fraud. Eddie and Jim served as local counsel in this complex case arising from the fraudulent schemes to evade creditors perpetrated by a convicted con man and those working alongside him. These individuals were involved in a natural gas drilling operation in West Virginia. Our client fell victim to the fraud scheme, investing most of his life's savings in oil and gas wells owned by the defendants and receiving returns representing a fraction of his original investment. Following a bench trial, the court awarded the client $1.65 million in compensatory damages and $1.65 million in punitive damages, with post-judgment interest of 5.35 percent. On appeal to the U.S. Court of Appeals for the Sixth Circuit, the judgment was affirmed in all respects, and efforts to collect on the judgment are underway.

James M. Burd (Partner-Louisville, KY) and Samuel Jones (Associate-Louisville, KY) secured summary judgment on behalf of a real estate company in a case in which the plaintiff alleged that after moving into an apartment complex that was still under construction, she became ill with sepsis due to water contamination stemming from poor workmanship and maintenance on the property. The plaintiff moved for summary judgment on her claims of negligence, negligent maintenance, false advertising of rent, fees, and utilities; and unjust enrichment. The plaintiff also filed a motion to disqualify defense counsel for a concurrent conflict of interest. Samuel then moved for summary judgment based on the plaintiff’s failure to present any affirmative evidence to establish the requisite elements of negligence. In an Order addressing the competing motions for summary judgment and the motion to disqualify, the court found that the plaintiff failed to adequately demonstrate a causal connection between her illness and her tenancy at the complex in question. Further, the court found that the plaintiff’s motion to disqualify failed to state an actual conflict and fundamentally misunderstood the nature of the attorney-client relationship. As such, the court denied the plaintiff’s motion for summary and motion to disqualify, while simultaneously granting Jim and Samuel’s motion for summary judgment, and dismissing the case with prejudice.

James M. Burd (Partner-Louisville, KY) and Cyrus G. Dutton IV (Associate-Louisville, KY) succeeded in obtaining dismissal on behalf of a client in a case in which the plaintiff, an employee of a fuel company, delivered fuel to our client’s campus. While offloading the fuel into the appropriate tanks, the plaintiff slipped and fell off a ladder and was injured. Jim and Cyrus moved for Summary Judgment under the Workers’ Compensation Act, arguing our client was entitled to up-the-ladder immunity. Specifically, they argued that the delivery of fuel was a regular and recurrent part of our client’s business. Cyrus argued the motion, which was granted.