Virginia Hamilton Snell

REPRESENTATIVE MATTERS

Virginia has served as appellate counsel in the following significant cases:

• Photographic Illustrator’s Inc. v. Orgill, Inc. (1st Cir. 2020) (Case No. 19-1452) The U.S. Court of Appeals for the First Circuit unanimously affirmed the judgment in our client’s (Orgill’s) issue of first impression, in perhaps the only opinion that fully addresses the criteria for a sublicense and the rationale for allowing a copyright sublicense to be implied.
• Owensboro Health, Inc. v. Secretary of Health and Human Services, 706 Fed. Appx. 302 (6th Cir. 2017). Our client Owensboro Health challenged the agency’s classification of medical technicians under Medicaid regulations, which adversely affected reimbursement rates. The Sixth Circuit sympathized with the hospital’s position but deferred to the agency’s interpretation given the deference standard of review.
  
• Lettie Sexton v. Commonwealth of Kentucky Cabinet for Health and Family Services, et al, No. 2016-SC-540.  The Supreme Court ruled against our client (Sexton) in adopting federal constitutional test for standing.
• Sparkman v. Consol Energy 571 S.W.3d 569 (Ky. 2019). The Supreme Court affirmed in the client’s (Consol’s) favor on an issue of first impression, holding that a parent corporation cannot be liable for tortious interference with a subsidiaries contract.
• American Mining v. Peters Farms, LLC, 557 S.W. 3d. 293 (Ky. 2018). In this insurance coverage dispute, the Supreme Court reversed in our client’s (American’s) favor and set aside a punitive damages award.
• Hon. Ann Bailey Smith Chief Judge, Jefferson District Court v. Commonwealth of Kentucky Ex Rel Michael J. O’Connell, et al (Case No. 2013-SC-000828).  This appeal involved a dispute between the Jefferson Circuit Court (our client) and the County Attorney over the validity and interpretation of a statutes governing court costs and issues like separation of powers.  The Supreme Court dismissed the appeal after the General Assembly amended the statute in favor of the County Attorney.
• Dianna Hull Perazzo, M.D. v. Melanie Robbins (Case No. 2018-CA-000986). Dr. Perazzo’s insurer retained us to handle an appeal from a multimillion dollar judgment. the appeal involves a number of trial errors, which include the laws governing the admissibility of evidence to prove causation. The Court of Appeals affirmed and a motion for discretionary review is pending.
• Ridgeway Nursing and Rehabilitation Facility v. Stella Collins, 2017 WL 1829742. The jury found a nursing home negligent in caring for a resident who died and awarded compensatory damages and nearly $1 million in punitive damages. On appeal, we represented the nursing home’s parent corporation arguing that there was no joint venture between it and the nursing home and, regardless, the negligent conduct did not justify punitive damages. The Court of Appeals found a joint venture but vacated the substantial punitive award.
• Big Rivers Electric Coop v. City of Henderson and Henderson Municipal Power & Light (No. 2013-CA-000019) (unpublished). We defended the City of Henderson in an appeal from an arbitration award that we won. The dispute involved the right to reserve power and energy under a complex Power Sales Contract, valued at around $150 million. The appeal involved all aspects of contract construction as well as constitutional restrictions on the City’s ability to contract. The Court of Appeals affirmed in the City’s favor.
• Nami v. Asher Land & Mineral 554 S.W.3d 323 (Ky. 2018).  The Supreme Court ruled in the client’s (Nami’s) favor in construing the provisions of gas leases in a royalty dispute, holding that tort liability and punitive damages are not available to a plaintiff when an alleged injury results solely from a breach of contract.
• Brown-Forman Corporation, et al. v. George Miller 528 S.W.3d 886 (Ky. 2017).  This appeal involved a tort suit by residents against distillers for alleged mold contamination of their property.  We represented Heaven Hill. The Kentucky Supreme Court affirmed in part and reversed in part, holding that, while federal environmental law did not preempt a claim for monetary damages to property, Kentucky law did bar any action for injunctive relief that would require distillers to adopt measures that were not required in their permits to operate.
• Your Community Bank v. Woodlawn Springs Homeowners Association 449 S.W.3d 357 (Ky. 2014).  The Supreme Court reversed the Court of Appeals and ruled in the client’s (Bank’s) favor, holding that a contractual assignment of rights must be enforced as written.
• Jarvis v. National City and PNC Bank, 410 S.W.3d 148 (Ky. 2013). The Supreme Court affirmed judgment for our clients (the Banks) in applying the statute that governs trustee fees, an issue of first impression.
• Branch Banking and Trust Company v. Larry Thompson, et. al, 2009-CA-001427 (Ky. App. 2011).  The Court reversed a $10 million jury verdict against our client (the Bank) in lender liability action and enforced forbearance agreement in the client’s favor.
• Fuel Transport, Inc., et al v. Garnett Gibson, as Executor and Personal Representative of the Estate of Topsie Gibson, 410 SW 3d 56 (Ky. 2013).  The Supreme Court reversed a multi-million punitive award against our client (Fuel Transport) where the plaintiff alleged the company allowed a defective truck to be driven, which injured the plaintiff.
• Vinland Energy Operations LLC v. Engle, 2009-CA-002227 (Ky. App. 2011). The Court reversed a jury verdict against our client (Vinland) in a sexual harassment case.
• Scott v. Moore Pontiac Dealership, 291 SW 3d 622 (Ky. 2009).  The Court held that our client (the dealership) cannot be liable for an accident caused by a customer on a test drive.
• EPI v. Commonwealth of Kentucky, Cabinet for Health and Family Services, 2006-SC-000348 (Ky. 2010).  The Court affirmed judgment for our client (EPI) in a Medicaid reimbursement dispute.
• Haydon Bridge v. Governor Ernie Fletcher, 304 SW 3d 682 (Ky. 2010). We represented the Governor in defending budget provisions.  The Court upheld the constitutionality of parts of the 2000-2004 Kentucky budget provisions enacted by Legislature.
• Flegles v. TruServ, 289 SW 3d 544 (Ky. 2009) The Court reversed a multi-million jury verdict against our client (TruServ) in a case alleging fraudulent inducement to enter a contract.
• Louisville Metro Housing Authority v. Burns, 198 S.W.3d 147 (Ky. App. 2005) The Court ruled that our client (Housing Authority) was entitled to governmental immunity from punitive damages.
• Elk Horn Coal Corp. v. Cheyenne Resources, Inc., 163 S.W.3d 408 (Ky. 2005) The Court ruled in our client’s (Elk Horn’s) favor in holding that the appeal penalty statute is unconstitutional.  
• City of Covington v. Kenton County, 149 S.W.3d 358 (Ky. 2004) The Court ruled in our client’s (the City’s) favor involving the statutory construction of tax credit, and held its taxpayers were entitled to a tax credit.
• Stringer v. Wal-Mart Stores, Inc., 151 S.W.3d 781 (Ky. 2004) The Court reversed a verdict against our client Wal-Mart, in part and remanded in part, when an employee’s claim for damages alleged defamation, intentional infliction of emotional distress and other employment-related claims.
• Sand Hill Energy, Inc. v. Smith, 142 S.W.3d 153 (Ky. 2004) (punitive damage standard) (Amicus Party – Product Liability Council)
• RAM Engineering & Const., Inc. v. University of Louisville, 127 S.W.3d 579 (Ky. 2004) The Court ruled in favor of our client (RAM) in a challenge to the validity of the University’s construction bidding process.
• Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003) In a case of first impression on premises liability standard, the Court reversed a summary judgment in our client’s (Wal-Mart’s) favor and shifted the burden of proof on remand for new trial.
• Wilhite v. Rockwell Intern. Corp., 83 S.W.3d 516 (Ky. 2002) and on remand, 143 S.W.3d 604 (Ky. App. 2003) (many issues in environmental tort action, including proof needed for “injury” to property)