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Professionals

David A. Calhoun

Partner

P 502-562-7350 F 502-589-0309

500 West Jefferson Street
Suite 2800
Louisville, KY 40202

 

David Calhoun is a member of the Firm’s Litigation and Dispute Resolution Service Team.  His practice involves the litigation and arbitration of civil, commercial, and business disputes involving intellectual property, contracts, securities and common law fraud, breach of fiduciary duty, and insurance claims and coverage.

David A. Calhoun

Location

500 West Jefferson Street
Suite 2800
Louisville, KY 40202

Representative Matters

  • Julia Cain v. American Commerce Insurance Company, 332 S.W.3d 81 (Ky. App. 2009).  Defense of an insurance company against class action allegations of bad faith settlement practices and sales practice violations of the Kentucky Consumer Protection Act, all based on a novel argument as to the interpretation of the added reparation benefits section of the Kentucky Motor Vehicle Reparations Act.  Obtained summary judgment for the insurer.  Affirmed on appeal.
  • Big Rivers Electric Corporation v. City of Henderson, Kentucky, and Henderson Municipal Power & Light, American Arbitration Association.  Represented the City of Henderson and its municipal electrical utility in this AAA arbitration of a dispute involving the interpretation of an amendment to an electrical power sales contract between Big Rivers and the City.  At issue was which party had the right to market certain excess energy with an estimated value of tens of millions of dollars.  After a seven day arbitration hearing and extensive post-hearing briefing, the arbitration panel issued an award in favor of our clients, the City of Henderson and its municipal utility.  The award was subsequently confirmed by judgment in the Henderson Circuit Court and affirmed by the Kentucky Court of Appeals.Securities and Exchange Commission v. Patrick M. Carroll, et al., United States District Court, Western District of Kentucky.  Defense of an executive accused of insider trading.
  • Cambridge Business Solutions, Inc. v. QuinStreet, Inc. and NarrowCast Group, LLC, United States District Court, Western District of Kentucky.  Lead counsel for the Defendants/Counterclaim Plaintiffs in a copyright infringement case involving custom computer software.  The case was resolved on favorable terms during discovery.
  • U.S. ex rel. Jose Bonilla v. ISP Chemicals, LLC and International Specialty Products, Inc., United States District Court, Western District of Kentucky.  Lead counsel defending parent-sub chemical products manufacturers in this False Claims Act qui tam fraud and retaliation case prosecuted by a relator who was a former company chemist.  Obtained dismissal of all claims in the suit with the consent of the United States.
  • Boze et al. v. General Electric Company, United States District Court, Western District of Kentucky. Lead counsel defending GE Aviation in a combined federal False Claims Act retaliation case.  Obtained summary judgment in favor of GE Aviation on all three plaintiffs' claims.
  • ATC Distribution Group, Inc. v. Whatever It Takes Transmissions & Parts, Inc., 402 F. 3d 700 (6th Cir. 2005).  Defense of a transmission parts distributor, its owner, and four of its employees from claims of copyright and trademark infringement, unfair competition, misappropriation of trade secrets, trade defamation, breach of employment contracts and non-competes, breach of fiduciary duty and tortious interference that were brought by a competing transmission parts distributor.  Obtained summary judgments for each of the defendants at the trial level and then succeeded in getting those judgments affirmed in the plaintiff’s appeal to the Sixth Circuit Court of Appeals.
  • Branch Banking & Trust Company, Trustee v. Pacific Life Insurance Company, United States District Court, Western District of Kentucky.  Lead counsel for BB&T in its capacity as trustee of a life insurance trust suing Pacific Life for breach of contract due to its failure to process a 1035 exchange of the trust’s variable life insurance policy in compliance with the policy terms.  Jury trial resulting in verdict for BB&T and a judgment awarding the trust over $380,000 in damages.
  • N. Goldring Corp. and Magnolia Distribution v. Heaven Hill Distilleries, Inc., United States District Court Northern District of Florida; Eleventh Circuit U.S. Court of Appeals.  Obtained summary judgment for a distilled spirits manufacturer on claims of wrongful termination of distributorship/franchise and breach of contract brought by two terminated distributors.  Affirmed on appeal.Kern et al. v. Davis, et al., Jefferson Circuit Court, Kentucky. Defended the director and majority shareholder of a closely held corporation against fraud, breach of fiduciary duty and various other claims brought by minority shareholders challenging the director's ownership percentage and control of the company.  Obtained summary judgment dismissing all but a single claim for injunctive relief by a single plaintiff and obtained a money judgment on a counterclaim against one of the Plaintiffs.  The case was resolved in a manner that confirmed our client's ownership interest and assured his control of the company.Defense of multiple retail brokerage and financial advisory firms and their registered brokers and advisors in over thirty NASD/FINRA arbitration cases brought by investors alleging losses in the six and seven figure ranges due to fraud and unsuitable investment advice.

Representative Clients

  • Intellectual Property Insurance Services Company
  • Branch Banking & Trust Company
  • General Electric Company and GE Aviation
  • Mapfre/Commerce Insurance Companies
  • North American Industrial Services Group
  • City of Henderson, Kentucky and Henderson Municipal Power & Light
  • Heaven Hill Distilleries, Inc.

Professional Experience

  • Infantry Officer, United States Army, 1984-1992.
  • Intelligence Analyst, United States Army Reserve, 1980-1983.

Honors

  • Highest Professional AV Rating by Martindale-Hubbell Law Directory.  “David is a bright and energetic lawyer who aggressively and competently advances the position of his client. He is a skilled litigator. He is very comfortable arguing before a jury. In my opinion, David Calhoun is an excellent lawyer deserving high marks.”  Peer review comment from Martindale-Hubbell.

Education

1996 - J.D., University of Louisville Law School

1984 - B.A., University of Louisville

Professional Activities and Memberships

  • Louisville and Kentucky Bar Associations, Past Chair of the Louisville Bar Association Labor and Employment Section, 2002
  • Louis D. Brandeis American Inn of Court, Barrister

Admissions

  • Kentucky
  • United States District Court for the Western District of Kentucky, Southern District of Indiana, Northern District of Florida, Northern and Middle Districts of Alabama and Rhode Island
  • United States Courts of Appeals, Sixth, Seventh and Eleventh Circuits

Representative Matters

  • Julia Cain v. American Commerce Insurance Company, 332 S.W.3d 81 (Ky. App. 2009).  Defense of an insurance company against class action allegations of bad faith settlement practices and sales practice violations of the Kentucky Consumer Protection Act, all based on a novel argument as to the interpretation of the added reparation benefits section of the Kentucky Motor Vehicle Reparations Act.  Obtained summary judgment for the insurer.  Affirmed on appeal.
  • Big Rivers Electric Corporation v. City of Henderson, Kentucky, and Henderson Municipal Power & Light, American Arbitration Association.  Represented the City of Henderson and its municipal electrical utility in this AAA arbitration of a dispute involving the interpretation of an amendment to an electrical power sales contract between Big Rivers and the City.  At issue was which party had the right to market certain excess energy with an estimated value of tens of millions of dollars.  After a seven day arbitration hearing and extensive post-hearing briefing, the arbitration panel issued an award in favor of our clients, the City of Henderson and its municipal utility.  The award was subsequently confirmed by judgment in the Henderson Circuit Court and affirmed by the Kentucky Court of Appeals.Securities and Exchange Commission v. Patrick M. Carroll, et al., United States District Court, Western District of Kentucky.  Defense of an executive accused of insider trading.
  • Cambridge Business Solutions, Inc. v. QuinStreet, Inc. and NarrowCast Group, LLC, United States District Court, Western District of Kentucky.  Lead counsel for the Defendants/Counterclaim Plaintiffs in a copyright infringement case involving custom computer software.  The case was resolved on favorable terms during discovery.
  • U.S. ex rel. Jose Bonilla v. ISP Chemicals, LLC and International Specialty Products, Inc., United States District Court, Western District of Kentucky.  Lead counsel defending parent-sub chemical products manufacturers in this False Claims Act qui tam fraud and retaliation case prosecuted by a relator who was a former company chemist.  Obtained dismissal of all claims in the suit with the consent of the United States.
  • Boze et al. v. General Electric Company, United States District Court, Western District of Kentucky. Lead counsel defending GE Aviation in a combined federal False Claims Act retaliation case.  Obtained summary judgment in favor of GE Aviation on all three plaintiffs' claims.
  • ATC Distribution Group, Inc. v. Whatever It Takes Transmissions & Parts, Inc., 402 F. 3d 700 (6th Cir. 2005).  Defense of a transmission parts distributor, its owner, and four of its employees from claims of copyright and trademark infringement, unfair competition, misappropriation of trade secrets, trade defamation, breach of employment contracts and non-competes, breach of fiduciary duty and tortious interference that were brought by a competing transmission parts distributor.  Obtained summary judgments for each of the defendants at the trial level and then succeeded in getting those judgments affirmed in the plaintiff’s appeal to the Sixth Circuit Court of Appeals.
  • Branch Banking & Trust Company, Trustee v. Pacific Life Insurance Company, United States District Court, Western District of Kentucky.  Lead counsel for BB&T in its capacity as trustee of a life insurance trust suing Pacific Life for breach of contract due to its failure to process a 1035 exchange of the trust’s variable life insurance policy in compliance with the policy terms.  Jury trial resulting in verdict for BB&T and a judgment awarding the trust over $380,000 in damages.
  • N. Goldring Corp. and Magnolia Distribution v. Heaven Hill Distilleries, Inc., United States District Court Northern District of Florida; Eleventh Circuit U.S. Court of Appeals.  Obtained summary judgment for a distilled spirits manufacturer on claims of wrongful termination of distributorship/franchise and breach of contract brought by two terminated distributors.  Affirmed on appeal.Kern et al. v. Davis, et al., Jefferson Circuit Court, Kentucky. Defended the director and majority shareholder of a closely held corporation against fraud, breach of fiduciary duty and various other claims brought by minority shareholders challenging the director's ownership percentage and control of the company.  Obtained summary judgment dismissing all but a single claim for injunctive relief by a single plaintiff and obtained a money judgment on a counterclaim against one of the Plaintiffs.  The case was resolved in a manner that confirmed our client's ownership interest and assured his control of the company.Defense of multiple retail brokerage and financial advisory firms and their registered brokers and advisors in over thirty NASD/FINRA arbitration cases brought by investors alleging losses in the six and seven figure ranges due to fraud and unsuitable investment advice.

Representative Clients

  • Intellectual Property Insurance Services Company
  • Branch Banking & Trust Company
  • General Electric Company and GE Aviation
  • Mapfre/Commerce Insurance Companies
  • North American Industrial Services Group
  • City of Henderson, Kentucky and Henderson Municipal Power & Light
  • Heaven Hill Distilleries, Inc.

Professional Experience

  • Infantry Officer, United States Army, 1984-1992.
  • Intelligence Analyst, United States Army Reserve, 1980-1983.

Honors

  • Highest Professional AV Rating by Martindale-Hubbell Law Directory.  “David is a bright and energetic lawyer who aggressively and competently advances the position of his client. He is a skilled litigator. He is very comfortable arguing before a jury. In my opinion, David Calhoun is an excellent lawyer deserving high marks.”  Peer review comment from Martindale-Hubbell.

Education

1996 - J.D., University of Louisville Law School

1984 - B.A., University of Louisville

Professional Activities and Memberships

  • Louisville and Kentucky Bar Associations, Past Chair of the Louisville Bar Association Labor and Employment Section, 2002
  • Louis D. Brandeis American Inn of Court, Barrister

Admissions

  • Kentucky
  • United States District Court for the Western District of Kentucky, Southern District of Indiana, Northern District of Florida, Northern and Middle Districts of Alabama and Rhode Island
  • United States Courts of Appeals, Sixth, Seventh and Eleventh Circuits
David A. Calhoun