Practice Areas
The attorneys of Weber & Rose focus on—
- Appellate practice
- Commercial finance
- Commercial litigation and product liability defense
- Commercial real estate
- Corporate/business and general practice
- Debtor/creditor law
- Estate planning and probate
- Healthcare law
- Insurance defense litigation
- Labor and employment law
- Medical malpractice litigation
- Taxation defense and appeals
Appellate practice
As an adjunct to the firm's litigation practice, our attorneys also handle matters going beyond the trial court level to appellate courts. This enables us to continue to represent clients in the preparation of appellate filings and present arguments to panels of judges and justices hearing the cases on appeal. We also welcome new clients and referrals whose trial court attorneys are unwilling or unable to appeal cases.
Our firm's ability and experience to practice in this highly technical arena has resulted in numerous favorable appellate decisions rendered on behalf of our clients, some of which established precedent, including—
- Charles Brewster v. Colgate Palmolive Co. and Jewish Hospital Healthcare Services, Inc., 279 S.W. 3d 142 (Ky. 2009) (The court delineated the scope of liability for property owners as to injury claims brought by the employee of an independent contractor working onsite.)
- Commonwealth v. Sexton, 256 S.W. 3d 29 (Ky. 2008) (The Kentucky Supreme Court further defined the difference between ministerial and discretionary acts for purposes of imposing liability on the Board of Claims for acts of negligence attributed to employees of the Commonwealth; in this particular case, the court held that a decision to remove a dead tree did not involve discretion and thus the Commonwealth could invoke the doctrine of sovereign immunity as a defense.)
- Combs v. Albert Kahn Assoc., 183 S.W. 3d 190 (Ky. App. 2006) (The court held that in cases involving claims for asbestosis, the statute of limitations begins to run from the date the individual learns he has a disease caused by exposure to asbestos.)
- Bartlett v. Prime Ins. Syndicate, Inc., 156 S.W. 3d 299 (Ky. App. 2004) (The court held that an uninsured driver may not claim entitlement to any form of basic reparations benefits from the insurer of the adverse driver.)
- List v. Southern Railway Co., Ky. App., 752 S.W.2d 791 (Ky. App. 1988) (The court held that whether application of the emergency brakes on a train would have saved a life was a question of fact for the jury. The court further opined that due to the failure to utilize the means available to save a life, a jury could find the defendants' conduct to have been within the category of wanton or reckless conduct.)
- Kennedy v. Joy Manufacturing Co., Ky. App., 707 S.W.2d 362 (Ky. App. 1986) (The court held that a party to a guaranty agreement may not avoid responsibility for the debts of the guaranteed party unless the party signs the guaranty as the personal representative of the debtor.)
- American States Insurance Company v. Audubon Country Club, KY, 650 S.W.2d 252 (Ky. 1983) (The court held that future pain and suffering because of an injury is an element of damages for which the injured party is entitled to recover when there is evidence establishing that it is reasonably certain that pain and suffering will occur.)
- National Can Corp. v. K Beverage, 674 F.2d 1134 (6th Cir.1982) (The court held that an individual signing a personal guaranty out of the jurisdiction, but guaranteeing a debt within the jurisdiction, is subject to in personam jurisdiction of that state even in the absence of any other contact; for a time, this was one of the leading cases in the Sixth Circuit on the subject of in personam jurisdiction.)
- Commercial Union Assurance Companies v. Howard, Ky., 637 S.W.2d 647 (Ky. 1982) (The court held that basic automobile insurance policies are intended to cover "driving" the vehicle, not repairing it. This additional field of coverage should be provided for by appropriate policies intended for that particular purpose.)
- Ellis v. Jordan, Ky. App., 571 S.W.2d 635 (Ky. App. 1978) (The court held that it is essential to determine whether an employee was acting within the scope of his or her employment at the time of his or her tortious act.)
Weber & Rose is proud to list among its roster of attorneys a past multi-year chairman of the Appellate Practice Section of the Louisville Bar Association.
Contact an appellate attorney
To discuss issues relating to an appeal, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Russell Saunders or James Gary.
Commercial finance
Weber & Rose's attorneys have a broad base of knowledge and experience helping lenders satisfy conditions precedent to safely lend funds for commercial projects, including commercial real estate.
Among our clients are local, regional and national commercial banks, commercial finance companies, asset-based and specialty lenders, and mortgage companies. Our clients rely upon our experience and knowledge to deliver transactions and solutions correctly, responsively and efficiently at affordable rates. Our practice includes –
- Secured credit facilities
- Asset-based lending
- Acquisition financing
- Mezzanine financing
- Construction financing
- Term finances and refinances
- Financial restructuring
- Loan workouts
- Senior and junior secured lending
- Equipment leasing
- Loan portfolio acquisitions and sales
The commercial finance attorneys at Weber & Rose help clients to steer a clear transactional course from the beginning of a project to its conclusion, no matter the challenge. Our efforts are guided by a thorough understanding of the businesses of the client and the borrower, and the regulatory environment in which they exist. Weber & Rose frequently performs due diligence and risk assessment, and assists clients with the structure and documentation of deals. Additionally, Weber & Rose regularly represents financial institutions in their loan transactions with other lenders.
Contact a commercial finance attorney
To discuss issues relating to commercial finance, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Joseph Gathright, or Sharon Hardy.
Commercial litigation and products liability defense
Our lawyers devote much of their practice to business torts, including interference with contractual relations, shareholder disputes, unfair competition, and infringement of trade secrets or proprietary information.
Our clients include small- and medium-sized businesses, banks, equipment lessors, landlords, bank holding companies, unsecured creditors' committees, and bankruptcy trustees.
Overall, we provide litigation services for general commercial activity with an emphasis on seeking cost-efficient options, including active pursuit of out-of-court settlements or alternative dispute resolution to avoid extended litigation.
Our lawyers have extensive experience with the defense of products liability claims. We have defended numerous manufacturers, vendors, brokers, and their insurers in products liability litigation.
Weber & Rose has also long been active in defending parties in asbestos litigation. Representation of various asbestos manufacturers has taken our lawyers before both state and federal courts in Kentucky and other jurisdictions. Because of our involvement in this type of litigation, we have developed relationships with lawyers throughout the nation that have proven very useful in meeting clients' needs in other states.
Contact a trial lawyer
To discuss issues relating to commercial litigation and products liability defense, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Darryl Durham, Michael Gosnell, James Gary, Hite Nally, Cathy Pike, Victoria Boggs, Russell Saunders, Andrew Draut, or Frank Hilliard.
Commercial real estate
Weber & Rose provides protection to our property owner, supplier, developer, builder, and lender clients in all phases of their commercial real estate and finance ventures. The commercial real estate attorneys at Weber & Rose have extensive experience representing clients in real estate financing, leasing, purchases and sales, development, zoning, land use, eminent domain, condemnation, tax-driven deals, and municipal housing issues. Our real estate attorneys pride themselves on understanding the nuances and unique circumstances of every client’s transaction.
Development
Weber & Rose's attorneys have extensive experience dealing with commercial property development from start to finish, including—
- Structuring the proper business entity
- Identifying the land or project and negotiating acquisition terms
- Assisting purchasers and developers in structuring loan requests to lenders
- Dealing with environmental, engineering, survey, and title professionals to evaluate and address the land's environmental, survey and title issues, and commercial potential
- Developing the land and the project and obtaining the permits and approvals necessary to make the project a reality
- Negotiating with lenders and end-users interested in the land
- Maintaining the completed project
- Negotiating leases
- Selling the project
Property protection
Weber & Rose's attorneys have widely recognized experience dealing with land issues such as—
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Contact a commercial real estate attorney
To discuss issues relating to commercial real estate, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Joseph Gathright, James Lobb, Sharon Hardy, Thomas Hurst, Michael Gosnell, Jim McDonough.
Corporate/business and general practice
Weber & Rose provides full corporate and business practice services, with an emphasis on planning and preventive counsel, to its clients. Our clients range from large, publicly-held corporations to small, private businesses engaged in a full spectrum of commercial and industrial activity. Our attorneys provide legal advice, including formation and structuring of the business entity and ongoing legal counsel. Businesses represented by the firm include manufacturing, printing, banking, real estate, and service industries.
In addition, the firm has broad experience in mergers and acquisitions, counseling clients in the structuring and negotiation of transactions as well as drafting the operating agreements. Our attorneys regularly advise business clients in negotiating agreements with employees, shareholders, owners, and outside parties, and provide legal advice and services concerning both internal and external controversies including matters involving compliance with the Americans with Disabilities Act and state and federal civil rights laws.
Weber & Rose's employment law attorneys advise our corporate and business clients on personnel and labor relations issues to explain needed compliance with applicable laws and to promote better employer-employee relations. We also represent management in collective bargaining and other adversarial proceedings involving employees and unions. Our attorneys have represented clients before the National Labor Relations Board and in arbitration and individual employment rights cases.
Contact a business or general law attorney
To discuss issues relating to corporate or general law, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Shelton Weber, Michael Lannon, Cathy Pike, James Lobb, Thomas Hurst, or Victoria Boggs.
Debtor/creditor law
Weber & Rose has long represented the interests of creditors in both commercial and consumer matters. Such matters include foreclosures, enforcement of security interests and liens, loan workouts and settlements, placement of mechanic's liens and other statutory liens, and obtaining and enforcing monetary judgments. Whether it be a Chapter 7, 13, or 11 bankruptcy, the firm's experience in representing creditors, as well as trustees, in bankruptcy is extensive.
In commercial matters, Weber & Rose also represents financially distressed debtors in attempting to avoid bankruptcy and stabilize their financial situation. Such representation includes attempting to negotiate workout and forbearance agreements with creditors as well as other debt settlement arrangements. If bankruptcy is the only viable alternative, the firm can assist commercial debtors with navigating the bankruptcy process.
Contact a debtor/creditor law attorney
To discuss issues relating to debtor/creditor law, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Michael Gosnell, Cathy Pike, Jim McDonough.
Estate planning and probate
Our lawyers provide a full complement of services in estate planning, trusts, tax, living wills, and probate administration. We advise clients with estates of all sizes in lifetime planning to preserve assets through tax-favored techniques. We work closely with other professional advisors, including accountants, trust officers, and insurance professionals, to assure the most effective use of our clients' resources.
Contact an estate planning attorney
To discuss issues relating to estate planning and probate, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Michael Lannon or Shelton Weber.
Healthcare law
Representing hospitals and long-term care facilities throughout Kentucky and the nation, our lawyers have acted as national coordinating counsel in litigation, administrative hearings, and other matters. Our attorneys represent healthcare providers as general counsel, insurance counsel, and on a special project basis. Our healthcare law practice includes not only tort defense work, but also an emphasis in—
- Planning—Weber & Rose has developed a broad base of knowledge in the representation of our healthcare facility clients, as well as in countering any legal challenges that arise.
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General counsel—General counsel services have long been provided to the governing boards of health care facilities regarding corporate issues, including those peculiar to healthcare providers. Areas of advice include—
- Labor relations
- Drafting and interpreting bylaws
- Staff disputes
- Risk management
- Contract negotiations and preparation
- Peer review proceedings
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Individual counsel—Weber and Rose represents healthcare professionals in administrative, civil, and criminal matters at all stages of investigation, prevention, and litigation. Areas of assistance include—
- Medicare and Medicaid fraud and abuse
- False claims litigation
- Governmental investigations and audits
- Medicaid and Medicare reimbursement
- Medicaid and Medicare termination appeals
- HIPAA counsel and compliance issues
- Controlled substance diversion
- Provider licensing
- Business, regulatory, and transactional matters
- Contract formation and litigation
- White-collar criminal defense
- Long-term care abuse and neglect investigation and defense—Long-term care facilities routinely find themselves the target of governmental investigations involving claims of fraud, abuse, and neglect. Weber & Rose attorneys have the experience to investigate these claims and defend our clients against the allegations levied by the Office of the Inspector General, the Office of the Attorney General, and the Department of Health and Human Services. Long-term care facilities are not only the subjects of governmental regulation and prosecution, but also civil litigation. Family members and residents of long-term care facilities often seek to hold the care facility and its staff legally accountable for the maladies of the residents. Such claims may include dehydration, malnutrition, bedsores, falls, illness, infection, and even wrongful death. Weber & Rose attorneys investigate these claims and have the experience to defend our clients against them.
- Medical/legal consulting—Weber & Rose provides a broad base of knowledge in emerging ethical and biomedical issues facing healthcare facilities, including organ transplantation, reproductive health, and end-of-life decisions. Weber & Rose stands ready to advise our clients in areas of federal and state health policy formation, government relations, and program development.
Contact a healthcare attorney
To discuss issues relating to medical malpractice litigation and healthcare law, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Darryl Durham, Andrew Draut, or James Gary.
Insurance defense litigation
The representation of insurance companies and self-insured entities has long been a focus of our firm. Weber & Rose is known for its defense of hospitals, physicians, nurses, and allied healthcare providers in all types of malpractice actions. Weber & Rose has also earned a reputation for its defense of property insurance carriers in matters involving fraud, arson, and policy construction, and for its defense of health insurance claims litigation.
We represent a wide range of professionals under their professional liability insurance and otherwise. Our clients include real estate brokers, lawyers, corporate directors and officers, and corporate sureties pursuant to surety contracts. Much of our work includes advice to carriers and professionals in defending, as well as avoiding, malpractice actions.
Our lawyers are experienced in policy interpretation litigation, litigation of claims made in bad faith, and administrative approvals. In addition, the firm represents several automobile insurance carriers and provides legal counsel to two of the nation's largest retail grocery chains with respect to premises liability claims asserted by their patrons. Weber & Rose has also served as local counsel for a national corporation in mass tort litigation.
Contact an insurance defense attorney
To discuss issues relating to insurance defense litigation, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Darryl Durham, Hite Nally, Victoria Boggs, Andrew Draut, Frank Hilliard, or James Gary.
Labor and employment law
As part of our mission to provide a full array of legal services to our clients, Weber & Rose lawyers routinely advise and counsel clients in the complex and often-changing area of labor and employment law. We frequently help clients draft and implement employee handbooks, personnel policies, confidentiality agreements, and non-compete agreements. Additionally, the firm's attorneys have conducted seminars and training on employment discrimination and sexual harassment for clients and their employees. These seminars focus on the recognition of actionable conduct and reporting such conduct to the appropriate personnel, as well as the steps to take to prevent such conduct from occurring and how to minimize its effect after it has occurred.
In addition to the preventative employment law services, our attorneys have significant experience in representing clients in mediation, arbitration, and litigation before the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the Kentucky Commission on Human Rights, and courts, when employees allege age, race, sex, religion, or disability discrimination under state or federal law, or violations of the Family and Medical Leave Act, the Americans with Disabilities Act, and Fair Labor Standards Act including allegations of wrongful discharge or retaliation.
Contact a labor and employment law attorney
To discuss issues relating to labor and employment law, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Shelton Weber, Darryl Durham, Victoria Boggs or Andrew Draut.
Medical malpractice litigation
When a patient or family member files a medical malpractice claim, he or she is accusing a medical professional of making a harmful mistake or that a failure to act caused harm to the patient. Weber & Rose attorneys have extensive experience in the representation of medical professionals, including—
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Contact a medical malpractice attorney
To discuss issues relating to medical malpractice litigation , please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact one of the following attorneys directly: Frank Hilliard, James Gary, Russell Saunders, Andrew Draut, or Darryl Durham.
Taxation defense and appeals
Representation of individuals and businesses who have become embroiled in taxation issues with the Kentucky Department of Revenue and the Internal Revenue Service is another area of particular concentration of the firm. This representation ranges from the initial meeting with the tax authorities to any administrative proceeding and/or litigation necessary to successfully resolve our clients' tax issues.
Contact a tax attorney
To discuss issues relating to tax defense and appeals, please call Weber & Rose, PSC at 502-589-2200 or contact us online, or feel free to contact Michael Lannon directly.
