A. Thomas Sturgeon III
Tommy practices business litigation in the Louisville office. His practice focuses on matters involving breaches of fiduciary duty, including shareholder disputes, wills, trusts and estates, and land use litigation. Tommy represents a diversity of clients in general corporate matters as well.
Tommy received his undergraduate degree in Business Administration from Belmont University, and later his Juris Doctor from the University of Louisville, Louis D. Brandeis School of Law, where he graduated as valedictorian with summa cum laude honors.
While at the University of Louisville, Tommy served as Editor in Chief of the University of Louisville Law Review, interned for Judge Danny Boggs of the Sixth Circuit Court of Appeals, and was inducted into the Brandeis Honor Society.
Matters representative of Tommy’s recent experience include:
- Won summary judgment and subsequent appeal in favor of developer seeking to uphold Certificate of Appropriateness as approved by Architectural Review Committee and Landmarks Commission.
- Won summary judgment in favor of developer seeking to uphold Metro Council’s and Planning Commission’s decisions regarding re-zoning of certain property and approval of development plan.
- Represented client in resolving dispute regarding scope of easement agreement and obligations of maintenance under same.
- Represented client regarding alleged rights to use property, including as to the existence and scope of alleged express and implied easements and restrictive covenants.
- Represented client in prosecuting constitutional claims regarding destruction of home and property under color of law.
- Represented client in appeal of fiscal court disapproval of petition for approval relating to land use.
- Represented executor in resolving dispute to recover assets allegedly disposed of improperly by third party exercising power of attorney.
- Represented client acting as Executor in defending will contest involving claims of incapacity and undue influence.
- Represented surviving spouse and executrix in resolving will contest and defending against removal of surviving spouse as executrix.
- Represented beneficiary of trust in resolving disputes with trustee over interpretation of and distributions under Trust Agreement.
- Assisted client acting as trustee in responding to motion to remove trustee.
- Represented beneficiaries of trust in dispute over what expenses are properly reimbursable or payable by personal representative to third parties.
- Represented clients in obtaining judgments on notes and foreclosing on secured real property to satisfy same.
- Represent client in defending against claims of vicarious liability and negligent hiring, retention, and supervisions.
- Represent client regarding alleged breach of fiduciary duty and negligence for actions of alleged agents of limited liability entity.
- Represented multiple clients in defense of alleged claims of breach of fiduciary duty.
- Represented client regarding alleged aiding and abetting breach of fiduciary duty.
- Advised clients regarding duties and obligations of private shareholder agreements and other corporate governance documents.
- Represented board members of condo association against claims of slander of title related to condo assessments, fines and statutory liens.
- Successfully obtained directed verdict, upheld on appeal, regarding dismissal of claims for breach of fiduciary duty, tortious interference with contractual relations, and breach of good faith and fair dealing.
- Won dismissal of claims against client for breach of fiduciary duty and similar business torts based on claimant’s lack of standing to assert claims derivatively.
- Represented client in prosecuting and obtaining permanent injunctive relief related to non-compete, non-solicitation and confidentiality agreement.
- Represented client in defending against class action regarding alleged breach of fiduciary duty and fraud.
- Represented client in successfully reversing administrative order under arbitrariness standards.
- Represented client acting as surety in resolving and defending against breach of agreement and alleged bad faith claims.
- Represented client regarding minority shareholder rights and prosecuting breach of fiduciary duty claims against majority shareholder and board.
- Represented client regarding shareholder’s alleged right to exercise dissenters’ rights.
- Represented client in resolving dispute of payments due under business sale of agreement.
- Analyzed viability of claims against trustee regarding potentially self-interested transactions.
Highlights & Recognitions
- Recognized by Kentucky Super Lawyers Rising Stars®, 2018, Business Litigation
- Recognized by Kentucky Super Lawyers Rising Stars®, 2017, Business Litigation
Memberships & Affiliations
- American Bar Association
- Kentucky Bar Association
- Louisville Bar Association
Recent Blog Posts
- FEDERAL COURT CLOSES THE DOOR ON HOME-LOAN BORROWERS’ CLASS ACTION AGAINST MORGAN STANLEY
- Supreme Court Denies Review of “The Largest [Class] Ever Certified”
- A Divided Supreme Court Navigates CAFA To Hold That Amount-In-Controversy Evidence Need Not Be Submitted With A Defendant’s Notice Of Removal, And That There Is No “Presumption” Against Removal
- Seventh Circuit Unplugs RadioShack Class-Action Settlement
- Liability bifurcated from individuals’ damages: RESPA case proceeds as class action
- 7th Circuit Holds That “Commonality of Damages” Is Not Required For Class Certification
- Federal District Court Issues Procedural Guidance for Class Action Settlements
- Supreme Court To Decide Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc. et al.
- The Seventh Circuit’s Knowles Reminder: A Putative Class Representative Cannot Plead Less Damages to Defeat CAFA Removal
- Newly Enacted Legislation Prohibits Certain Amendments to Mortgages
Civic & Charitable Organizations
- Rotary Club of Louisville, Inc., Member
Non-FBT Publications and Events
5th Annual Kentucky Commercial Real Estate Conference: Receiverships: Basic Considerations & Change on the Horizon
Insurance Bad Faith - Kentucky, Indiana, Ohio and Tennessee
DRI Insurance Bad Faith: A Compendium of State Law, December 2010