Kinkead & Stilz would like to highlight some of its recent appellate victories. These wins are emblematic of the excellence Kinkead & Stilz attorneys and staff offer in their representation of each client.
Tonya Rager and David Trevey successfully prosecuted an interlocutory appeal in which the Court of Appeals held that the trial court improperly certified a class action in claims that their clients returned false laboratory reports resulting in damages to hundreds of Plaintiffs. The Appellate Court correctly recognized that none of the prerequisites for certifying a class had been sufficiently vetted. Great victory for our clients!
Additionally, the Kentucky Court of Appeals recently affirmed a trial court’s determination that a government agency had agreed to dismiss Shelby Kinkead’s client several years ago with prejudice. Although the governmental agency later argued to the contrary, Mr. Kinkead succeeded in gathering and presenting evidence sufficient to establish the agency’s agreement to the satisfaction of both courts.
Another appeal successfully argued by Mr. Kinkead turned upon whether the opposition had preserved the right to object to a jury instruction answered in favor of Mr. Kinkead’s client. Ideally, jury instructions would reflect the law and the evidence, but there is an art to presenting and arguing instructions, coupled with defending the client’s position through timely and well-grounded objections to the opponent’s submissions. Mr. Kinkead’s attention to detail in this phase of the case was instrumental in preserving his client’s victory, as recognized by the Appellate Court.