Keith has represented numerous clients in cases filed in the state and federal courts of Kentucky, New York, Ohio, North Carolina, South Carolina, and Tennessee, and has tried cases in Kentucky, North Carolina and Tennessee. In the area of employment law, Keith has defended public and private employers in actions alleging FMLA violations, ADA violations, gender discrimination, race discrimination, whistle-blower violations, retaliation for filing workers compensation claims, retaliation for reporting suspected discrimination, retaliation for engaging in speech protected by the First Amendment, and termination in violation of public policy.
Keith has also represented a number of employers seeking to enforce restrictive employment agreements or covenants not to compete. In the area of general commercial litigation, Keith has litigated cases alleging breaches of contract, bad faith, breaches of fiduciary duty, and matters involving statutory interpretation. And Keith has regularly defended governments in matters regarding statutory interpretation and constitutional issues.
While in law school, Keith was a member of the Kentucky Law Journal and the Order of the Coif. After law school, he served as law clerk to the Honorable Edward H. Johnstone, Chief Judge of the United States District Court for the Western District of Kentucky, from August of 1983, until August of 1985. His undergraduate degree is in Forestry.
Ibarra v. LFUCG: Obtained summary judgment for public employer on claim by former employee that he was discharged for speech allegedly protected by the First Amendment.
Moor v. LFUCG: Obtained summary judgment for public employer on claim by former employee that he was discharged for complaining of suspected waste or mismanagement, allegedly in violation of the Kentucky Whistleblower Act.
Jones v. LFUCG: Obtained summary judgment for public employer on claim by former police officer that she was not re-hired due to gender discrimination.
Bruch v. Ashland, Inc.: Obtained summary judgment for employer on claim by former officer that he was terminated because he requested FMLA leave to deal with medical issues.
Chism v. Ale-8-One: Obtained dismissal of claim by former employee that his discharge following after he filed a police report indicating that he had been assaulted by his supervisor constituted a termination in violation of public policy.
Product Liability Matters
IFC Nonwovens v. Rhone-Poulenc, Inc.: Obtained defense verdict (after four-week trial on liability only) for manufacturer of vinyl vapor barrier on claim that product had unreasonably spread a fire which destroyed a warehouse.
Denney v. Upjohn: Assisted in obtaining settlement for animal vaccine manufacturer at the end of a multiple-day jury trial on claim that vaccine had caused death of numerous dairy cattle.
General Business Matters
Ward v. Kentucky Dataworks: Obtained decision in Kentucky Court of Appeals that alleged agreement to sell company was an unenforceable "agreement to agree" rather than a binding agreement, and, therefore, selling company, and subsequent purchaser, had committed no wrong when alleged agreement was not completed.
Bowling v. Martin Agency: Obtained summary judgment for insurance agency on claim that it had negligently failed to issue policy with coverage allegedly requested by insured.
Cinelli v. Ward, 997 S.W.2d 474 (Ky. App. 1998)(explanation of requirements to constitute binding contract);
Snow Pallet, Inc. v. Monticello Banking Co., 367 S.W.3d 1 (Ky. App. 2012)(discussing requirements for tortious interference);
Johnson v. Lockheed Martin Corp., 598 Fed. Appx. 364 (6th Cir. 2015)(affirmance of summary judgment dismissing multi-plaintiff age discrimination claim);
Puckett v. Lexington-Fayette Urban County Government, 833 F.3d 590 (6th Cir. 2016)(affirming dismissal of claim that changes to public pension requirements were unconstitutional)
Highlights & Recognitions
- Kentucky Super Lawyers®, 2013-2014, 2017-2020
- AV® Rated, Martindale-Hubbell®
- The Best Lawyers in America®, Litigation-Labor & Employment, Employment Law-Management, 2011-2020; Lexington Litigation-Labor & Employment "Lawyer of the Year," 2012, 2020.
- Kentucky Supreme Court Invalidates Employer’s Arbitration Agreements
- Kentucky Supreme Court finds that continued employment by itself is not sufficient consideration for non-compete
- Standard Severance Agreements Challenged by the EEOC
- Supreme Court Tweaks Gender Discrimination Law
- ALP: Smart Terminations--Ten things to consider when terminating an employee.
- The Best Lawyers in America© 2020 includes 169 Frost Brown Attorneys
- 51 Frost Brown Todd Attorneys named to 2019 Kentucky Super Lawyers® and Kentucky Rising Stars® Lists
- 163 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2019
- 43 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 14 Recognized by Kentucky Rising Stars® for 2018
- 161 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2018
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 52 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 21 Recognized by Kentucky Rising Stars® for 2014
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- 13 Frost Brown Todd Attorneys Recognized as 2012 “Lawyers of the Year”
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
- 145 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2011 Edition
Civic & Charitable Organizations
- Iroquois Hunt Club
Non-FBT Publications and Events
Co-editor of Kentucky Employment Law Letter