Representative Litigation

• Represented Governor Ernie Fletcher, in his individual capacity, in a criminal case arising from alleged improper state merit hiring practices by the Fletcher administration. Prosecutors dismissed all charges against the Governor with prejudice after the Court ruled the Governor could not be prosecuted while in office for official acts such as hiring decisions.
• University of Louisville v. RAM Engineering & Construction, Inc. RAM won a $599,425 breach of contract judgment in a case against the University of Louisville stemming from work RAM performed on Papa John's Cardinal Stadium. The University refused to pay interest on the award, claiming that sovereign immunity shielded it from having to do so. Mr. Brooker represented RAM in its efforts to obtain interest on the judgment. The trial court rejected the University's immunity argument, and awarded RAM (1) $382,211.98 in prejudgment interest and (2) postjudgment interest at 12 percent. The Kentucky Court of appeals affirmed the award, and in this case of first impression, ruled that state agencies must pay interest when they breach a contract governed by the Model Procurement Code. RAM ultimately recovered over $490,000 in interest. 199 S.W.3d 746 (Ky. App. 2005).
• Quadrille Business Systems, Inc. v. Kentucky Cattlemen's Association, Inc.: Mr. Brooker represented KCA in this breach of contract and quantum meruit case, wherein QBS claimed over $2 million in damages. After a three-day trial, the jury awarded QBS less than one percent of its original claim. The Kentucky Court of Appeals then overturned the jury verdict, agreeing with KCA that QBS should recover nothing. 242 S.W.3d 359 (Ky. App. 2007).
• In ATCDG Distribution Group, Inc. v. Whatever It Takes Transmissions, et al.: Mr. Brooker represented five salespeople whose former employer brought 26 claims against them, including allegations of misappropriation of trade secrets, defamation, breach of fiduciary duty, interference with contract, breach of contract and unjust enrichment. The U.S. District Court for the Western District of Kentucky granted summary judgment to the five salespeople on 24 of 26 claims. The plaintiff voluntarily dismissed the remaining two claims. On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed all aspects of the summary judgment. 402 F.3d 700 (6th Cir. 2005).

Representative Clients

• Churchill Downs Incorporated
• Governor Ernie Fletcher
• RAM Engineering and Construction, Inc.
• Kentucky Cattlemen's Association

Professional Experience

• Judicial clerkship for the Honorable John C. Martin of the North Carolina Court of Appeals

Education

2001 - J.D., with honors, University of North Carolina School of Law; staff of the North Carolina Law Review

1998 - B.A., magna cum laude, University of North Carolina at Asheville

Professional Activities and Memberships

• Louisville and Kentucky Bar Associations
• Associate member of the Louis D. Brandeis Inn of Court, 2003-2005

Admissions

• Kentucky
• United States District Court, Eastern and Western Districts of Kentucky
• United States District Court, Southern District of Indiana
• United States Court of Appeals, Sixth Circuit

Civic Involvement

• Ignite Louisville Graduate, 2004