Matthew L. Bunnell

REPRESENTATIVE MATTERS

• Richard M. Breen, et el. v. Nolan Leuthauser, et el., Case No. 2024-CA-0214-MR (Ky. Ct. App. Jan. 3, 2025).  The firm successfully defended the appeal of the Jefferson Circuit Court’s ruling that dismissed plaintiff’s request to injunctive and other relief since the court could not proceed with a moot, unripe controversy.  
• Jaclyn Evans, Mother and Next Friend of D.E., a Minor v. Jefferson County Board of Education, et al., Case No. 24-CI-006192 (Jefferson Cnty. Ky. Cir. Ct. 2024).  The firm obtained dismissal in favor of JCBE regarding a host of negligence and breach of contract claims that arose from altercations between students while riding on a school bus.
• Karen Hunter, Guardian, Mother and Next Friend of K.S., a Minor v. Jefferson County Board of Education, Case No. 24-CI-004569 (Jefferson Cnty. Ky. Cir. Ct. 2024).  The firm obtained dismissal in favor of JCBE regarding numerous of negligence claims that arose from alleged sexual harassment perpetrated by another student.
• American Commercial Barge Line LLC v. Unico Marine Services LLC, Case No. 10D06-2402-CC-000284 (Clark Cnty. Ind. Superior Ct. 2023).  The firm represented ACBL concerning a breach of contract action to enforce a pre-litigation resolution agreement.
• Michael D. Johnson v. Ulysses Gober, et al., Case No. 2023-SC-0485-D (Ky. 2023).  The firm successfully defeated a motion for discretionary review following the Court of Appeals of Kentucky’s decision in Johnson v. Gober, No. 2023-CA-0058-MR, 2023 WL 6323153 (Ky. Ct. App. Sept. 29, 2023) affirming dismissal of all claims asserted against defendants.
• American Commercial Barge Line LLC v. Pure Aviation, LLC, Case No. 4:23-cv-00046-SEB-KMB (S.D. Ind.).  The firm represented ACBL in a breach of contract dispute concerning liability for port charges and other expenses imposed in connection with the fleeting of barges to transport diesel cargo.
• Monica Mondono v. Imperial MHC, Hud No. 04-23-4803-8.  The firm obtained dismissal in favor of Imperial MHC regarding a complaint filed by plaintiff alleging housing discrimination with the Lexington-Fayette Urban County Human Rights Commission.
• Estate of Emogene Shelburne v. JP Morgan Chase Bank, N.A., et al., Case No. 23-CI-00021 (Shelby Cnty. Ky. Cir. Ct. 2023).  The firm obtained dismissal in favor of Chase Bank concerning allegations that it permitted an unauthorized withdrawal from an account of a deceased individual.  The trial court concluded that plaintiff’s claims were preempted under the Kentucky Uniform Commercial Code.
• Sweetwater Marine, LLC v. American Commercial Barge Line, LLC, et al., Case No. 4:23-cv-00001-TWP-KMB (S.D. Ind.).  The firm represented ACBL and Jeffboat LLC in a breach of contract dispute concerning certain barges that were built and delivered.
• In Re: Jefferson County Public Schools, NLRB Case No. 09-CA-305356 (Nov. 9, 2022).  The firm obtained dismissal of an action filed with the National Labor Relations Board for lack of jurisdiction.
• Gary Sanders v. Jefferson County Board of Education, et al., Case No. 2022-SC-0251-D (Ky. 2022).  The firm successfully defeated a motion for discretionary review following the Court of Appeals of Kentucky’s decision in Sanders v. Bd. of Educ. of Jefferson Cnty., No. 2021-CA-0290-MR (Ky. Ct. App. June 3, 2022) affirming dismissal of all claims asserted against defendants.
• Madey Winspear v. Jefferson County Public Schools, Case No. 22-CI-002522 (Jefferson Cnty. Ky. Cir. Ct. 2022).  The firm obtained dismissal in favor of JCPS regarding several negligence causes of action arising from allegations that plaintiff was bullied and mocked by JCPS employees and students.
• S. Merle Barnett, et al. v. One Fourteen, LLC, et al., Case No. 22-CI-001837 (Jefferson Cnty. Ky. Cir. Ct. 2022).  The firm obtained summary judgment in favor of the Administrator regarding causes of action for quiet title and reformation of a deed following One Fourteen’s receipt of an additional ten acres over and above the real property intended to be conveyed due to an errant deed description.
• Commonwealth of Kentucky ex rel. Cameron v. Johnson, 658 S.W.3d 25 (Ky. 2022).  The firm represented the Council for Better Education and public school districts in a constitutional challenge to legislation authorizing near dollar-for-dollar tax credits to fund the payment of private school tuition and expenses. The Kentucky Supreme Court struck down the tax credit scheme as a violation of Section 184 of the Kentucky Constitution.
• Juanso v. Juanso, Case No. 2020-CA-1580-MR (Ky. Ct. App. 2022).  The firm obtained dismissal of appellant’s appeal as an untimely attempt to appeal a previous order concerning child custody in another state.
• Cherie M. Drew v. Southgate Development, LLC, et al., Case No. 10C01-2103-PL-00027 (Clark Cnty. Ind. Cir. Ct. 2021).  The firm obtained declaratory judgment at the trial court level following a successful appeal to the Court of Appeals of Indiana in Drew v. Southgate Dev. LLC, 194 N.E.3d 617 (Ind. Ct. App. 2022).
• Heaven Hill Distilleries, Inc. v. Log Still Distilling, LLC, 575 F. Supp. 3d 785 (W.D. Ky. 2021).  The firm secured a preliminary injunctive relief in favor of Heaven Hill in an action alleging trademark infringement and unfair competition concerning its “J.W. Dant” trademarks.
• Elkins v. W. Shores Prop. Owners Ass’n, Inc., 616 S.W.3d 721, 723 (Ky. Ct. App. 2021).  The firm represented the Western Shores Property Owners Association in an action concerning failures of local officials and entities to complete certain roadways. The trial court rejected defendants’ immunity arguments, and the Court of Appeals of Kentucky affirmed.
• Kim Smith, as Mother and Next Friend of J.S., a Minor v. Gregory Herberger, et al., Case No. 20-CI-001408 (Jefferson Cnty. Cir. Ct. 2020).  The firm obtained summary judgment in favor of several school employees regarding numerous negligence and defamation causes of action arising from allegations that the school employees failed to provide a safe learning environment free of bullying and harassment.
• Malachi Claycomb v. Jefferson County Board of Education, et al., Case No. 19-CI-007628 (Jefferson Cnty. Cir. Ct. 2019).  The firm obtained summary judgment in favor of JCBE regarding plaintiff’s claims under 42 U.S.C. 1983 as well as other state statutes and regulations.