Peter M. Cummins
Peter is a litigator, counseling and advocating on behalf of clients in three principal areas: (1) real estate litigation; (2) health care litigation, and (3) business litigation, with a focus on corporate disputes and financial services litigation. Outside of these three areas of concentration, Peter also regularly represents clients in noncompete agreement, U.C.C., fraud, and other business tort litigation matters, as well as the defense of personal injury and insurance bad faith claims.
The breadth of Peter’s 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 Cabinet for Health and Family Services Division of Administrative Hearings and the Kentucky Board of Tax Appeals. In addition to litigating on behalf of his clients, Peter helps them avoid litigation by identifying risks they face in their business, and then developing strategies for avoiding, minimizing and managing those risks.
Real Estate Litigation
Peter has handled a wide array of real estate litigation matters for a diverse range of clients, including developers, owners, creditors, commercial landlords and tenants, and title insurance companies and their insureds. These matters regularly include zoning appeals, commercial foreclosures, lease disputes, restrictive covenant litigation, and title insurance claim and coverage matters. Representative matters include:
- Representation of owners and developers in zoning appeals, including coal mines, meat packing facilities, and recreational facilities.
- Representation of financial institutions in 8-figure commercial foreclosure actions, often involving lender liability counterclaims.
- Representation of title insurers in coverage and bad faith claims, as well as agent fraud and recoupment matters.
- Representation of title policy insureds in matters involving title defects such as lien priority contests, boundary disputes, and deficient legal descriptions.
- Representation of various parties in easement, commercial lease, and restrictive covenant litigation matters.
Health Care Litigation
The health care industry continues to undergo tremendous growth and change, and Peter has represented many industry participants as they navigate that ever-changing landscape. Peter’s clients in the health care space include private payors, managed care organizations, and providers such as specialty pharmacies, medical practices, and hospital systems. In addition to trying cases to verdict in the health care space, Peter has handled a number of administrative hearings and appeals arising out of them. Representative matters include:
- Representation of health insurance plan in Medicare Secondary Payer Act litigation.
- Obtained defense verdict in trial of claims asserted by physician against hospital arising out of medical staff obligations.
- Representation of specialty pharmacy in noncompete litigation over departure of key employee.
- Representation of medical practices and their owners in various ownership and noncompete disputes.
Peter’s business litigation practice is focused primarily on corporate disputes and financial services litigation. Representative engagements range from the defense of federal securities act claims to arbitrations involving the alleged breach of post-closing obligations by a seller of a privately held company. Peter also has significant expertise in defending financial institutions and other clients against consumer protection claims in both single plaintiff claims and class actions. Peter’s work in this area includes:
- Successful defense of financial institution in consumer class action.
- Successful defense of individuals and entities against federal securities fraud claims brought by investors.
- Obtaining a temporary restraining order and preliminary injunction preventing corporate transaction (favorable settlement achieved following rulings).
- 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 multi-million dollar 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.
- Representation of fiduciaries and beneficiaries in trust and estate litigation.
- Defense of financial institutions against FCRA, FDCPA, RESPA, TILA, and other federal statutory claims.
- Enforcement of noncompete agreements against former employees, as well as counseling employers on drafting enforceable noncompete agreements.
Highlights & Recognitions
- Selected for inclusion in Kentucky Super Lawyers®, Business Litigation, 2013-2016
- AV® Preeminent™ Rated, Martindale-Hubbell®
- Frost Brown Todd Mentor of the Year, 2015
Memberships & Affiliations
- Louisville Bar Association
- Kentucky Bar Association
- American Bar Association, Litigation Section Member
Recent Blog Posts
- Sales of Commercial Real Estate by Federal Court Receivers
- Wells Fargo v. Commonwealth: The Death Knell For Equitable Subrogation?
- Our Fidelity Bond Uses the Term “Manifest Intent.” What does that mean?
- Court Confirms That Defective Notary Acknowledgments, if Facially Valid, Are Immune From Attack in Kentucky Except In Very Narrow Circumstances
- “Willful” Noncompliance with the FACT Act Could Mean Substantial Liability for Your Business
- 51 Frost Brown Todd Attorneys named to 2019 Kentucky Super Lawyers® and Kentucky Rising Stars® Lists
- 43 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 14 Recognized by Kentucky Rising Stars® for 2018
- 31 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers and 14 Recognized by Kentucky Rising Stars for 2017
- 51 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 18 Recognized by Kentucky Rising Stars® for 2016
- 50 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 20 Recognized by Kentucky Rising Stars® for 2015
- 52 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 21 Recognized by Kentucky Rising Stars® for 2014
Civic & Charitable Organizations
- Catholic Charities of Louisville, Board Member (2018-Present)
- YMCA SafePlace of Louisville, Board Member (2017-Present)
- 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)