McBrayer PLLC

$28

Class Action

Class action lawsuit involving the Burley Tobacco Growers Cooperative Association. The settlement, approved in July 2021, included the liquidation of the Co-op's assets, a $1.5 million payment to an agricultural non-profit, and distributions to 2603 eligible class members. Distributions included $5,670 (2021-22), $3,930 (Nov 2022), and $546 (Apr 2024) per share, plus a special fund distribution of $453.89 per qualifying class member in Oct 2023. An appeal by objectors regarding attorney fees was dismissed in Dec 2024.

$15

Healthcare Fraud

Sound Inpatient Physicians, Inc. paid $14.5 million to settle allegations of over-billing Medicare and other federal health care programs. A whistleblower lawsuit under the False Claims Act alleged 'upcoding' of evaluation and management claims unsupported by medical documentation.

Employment Law Defense

McBrayer Member Mitchel Denham won two cases before the Kentucky Supreme Court, upholding the termination of former Louisville Metro Police Department officers. The Court ruled that the expungement statute does not apply to internal employment files and that sworn witness statements can be introduced in administrative hearings without violating due process, given adequate safeguards.

Professional Liability Defense

McBrayer Member Mitchel Denham secured a unanimous Kentucky Supreme Court reversal, affirming the dismissal of a negligence lawsuit against an employee of the Kentucky Office of Bar Admissions. The Court held that individuals serving in a judicial capacity are entitled to absolute immunity for actions performed in their duties.

Economic Development

McBrayer's economic development team assisted American Welding & Gas (AWG) in securing vital Kentucky tax incentives for their new 20,000 square foot fill plant facility in Georgetown/Scott County, a project expected to create jobs and support regional economic development.

Constitutional Law

A Federal District Court in Texas held the Corporate Transparency Act and related regulations unconstitutional, issuing a preliminary injunction. Subsequently, FinCEN issued an interim final rule exempting all entities created in the U.S. and their beneficial owners from beneficial ownership information reporting requirements.