Peter M. Cummins

Louisville
T 502.779.8190
400 West Market Street
Suite 3200
Louisville, Kentucky 40202-3363

Peter is a litigator with a broad business litigation practice in which he represents clients in real estate, contract, title insurance, noncompete agreement, U.C.C., banking, fraud and other business tort litigation matters. While Peter's primary focus is business litigation, he also defends clients in personal injury and insurance bad faith claims.  The breadth of his litigation practice is complemented by its depth in that he has tried cases to verdict, argued cases on appeal in a number of venues, handled arbitrations, and represented clients at hearings before various Kentucky administrative agencies, including the Kentucky Board of Tax Appeals. 

In addition to litigating on behalf of his clients, Peter helps them avoid litigation by identifying contract-based and tort risks they face in their business, and then developing strategies for avoiding, minimizing and managing those risks.

Experience

Peter has had the primary role in a wide array of litigation matters, most recently including:

  • Won summary judgment in favor of title insurance company on insurance coverage and bad faith claims
  • Obtained temporary restraining order and preliminary injunction preventing corporate transaction (favorable settlement achieved following rulings)
  • Won dismissal of lawsuit against U.K.-based client based on lack of personal jurisdiction
  • Won summary judgment in lien priority dispute on behalf of lender/insured of title insurance company
  • Won summary judgment in favor of outlot owner on claims by shopping center owner that it violated parking easement
  • Won summary judgment in favor of landowner on claims by neighboring landowner that its business violated a restrictive covenant
  • Negotiated pre-litigation workout of multi-million-dollar commercial real estate default
  • Obtained defense verdict on quasi-contract claims asserted by physician against hospital arising out of medical staff obligations
  • Won Rule 12 Motion to Dismiss in putative nationwide class action alleging violations of the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g) for a national restaurant chain
  • Negotiated nuisance value settlement during trial of $3 million breach of contract and fraud claims brought by former vendor against publicly traded client
  • Obtained directed verdict at trial for a federal credit union in case involving check forgery and allegations of unreasonableness on part of credit union

Peter's engagements also regularly include:

  • Ongoing representation of title insurance companies and their insureds in claims arising out of allegedly defective mortgages, deeds and other instruments
  • Ongoing representation of title insurance companies in insurance coverage and bad faith claims brought by their insureds
  • Ongoing representation of banks in commercial foreclosure actions in which lender liability counterclaims have been asserted
  • Enforcement of noncompete agreements against former employees, as well as counseling employers on drafting enforceable noncompete agreements
  • Defense of various entities, individuals and their insurers in all types of personal injury litigation, including claims alleging negligence, premises liability, product liability, fraud and violations of various consumer protection statutes

Highlights & Recognitions

  • Selected for inclusion in Kentucky Super Lawyers®, Business Litigation, 2013-2016
  • AV® Preeminent™ Rated, Martindale-Hubbell®

Memberships & Affiliations

  • Louisville Bar Association
  • Kentucky Bar Association
  • American Bar Association, Litigation Section Member
  • DRI, Commercial Litigation Committee; Young Lawyers Steering Committee (2009-2010)

Civic & Charitable Organizations

  • Leadership Louisville Center (Bingham Fellows (2012); Ignite Louisville (2010); Focus Louisville (2007)
  • Junior Achievement of Kentuckiana, Board Member (2008-2012)

Non-FBT Publications and Events

2013 Kentucky Real Estate Law Update, October 2013

Think Before You Act: How to Avoid a Contentious Relationship with Opposing Counsel, DRI Young Lawyers Seminar (Austin, Texas June 2011)

Loan Workouts, Deeds in Lieu & Foreclosures: Strategies & Tools for Dealing with Distressed Real Estate Assets, Louisville Bar Association Real Estate Section Panel Discussion (May 2011)

Electronic Discovery Update, 21st Annual Kentucky Bar Association Issues for Corporate House Counsel (April 2011)

The Cat-O'-Ten-Tails: Pro Se Litigants Assisted by Ghostwriting Counsel, For the Defense (April 2011)

Alternative Billing Arrangements & Electronic Billing, Louisville Bar Association In-House Counsel Section Panel Discussion (September 2010)

Alternative Fee Arrangements: The Unique Challenge They Present to In-House Counsel, 20th Annual Kentucky Bar Association Issues for Corporate House Counsel (April 2010)

"The Best of Disinfectants" Sunshine and Other Developments Relevant to Agreed Protective Orders in Today's Economy, DRI Commercial & Intellectual Property Litigation Symposium (April 2009)

Kentucky Noncompete Agreements, Trade Secrets and Agreements Not to Compete: A State-by-State Compendium (2008) (updated 2011)

The Bank Examination Privilege, Evidentiary Privileges for Corporate Counsel (2008)

Jurisdictional Implications of Parens Patriae Suits Filed by State AGs, For The Defense (February 2008)

Computer Fraud and Abuse Act Might Protect Your Business, Business First (June 16, 2006)

Other Contact Info

Mobile

502.777.5791

Assistant

Angela Gilkerson-Gibson
Email
T 502.779.8722
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