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R. Gregg Hovious

T(502) 588-2010
ghovious@fmhd.com



Born Bowling Green, Ky. (1961); admitted to bar: Kentucky (1986). Admitted to practice: U.S. Court of Appeals for the Sixth Circuit, U.S. District Courts for the Eastern and Western Districts of Kentucky, U.S. District Court for the Southern District of Indiana. Education: University of Alabama (B.S., 1982); University of Kentucky (J.D., 1986). Associate (1986-92), Partner (1993-95): Brown, Todd & Heyburn, Louisville, Ky. Representative Cases: Affholder, Inc. v. Preston Carroll Company, Inc., 27 F.3d 232 (6th Cir. 1994); Kenton County Public Parks Corp. v. Modlin, 901 S.W.2d 876 (Ky. 1995).

Practice areas: Business litigation, personal injury litigation and health care law.

Appellate Experience
Gregg is a civil trial lawyer. He has tried many jury and bench trials, arbitrated several cases to conclusion, and conducted numerous evidentiary hearings in civil and administrative settings. His experience also includes involvement with hundreds of depositions and successful mediations.

When Gregg first began training to become a trial lawyer, he worked in the insurance defense and healthcare litigation sections of a large Louisville firm, where he obtained significant trial experience in the first few years of his practice. He tried or assisted in the trial of a wrongful death case, a tractor trailer/pedestrian personal injury case, a go-cart/products liability case, a construction dispute, and various certificate of need matters before the Kentucky Cabinet of Health Services. Gregg next worked in that firm’s corporate and commercial litigation group, focusing on the representation of banks and lender liability actions, contract disputes and corporate takeover and freeze-out merger litigation. Gregg also gained significant experience representing both plaintiffs and defendants in ERISA, securities fraud and construction law litigation.

After helping found our law firm, Gregg decided to split his practice between commercial litigation and personal injury litigation. In commercial litigation matters, Gregg has represented both plaintiffs and defendants in contract, shareholder, ERISA, banking and healthcare disputes. For example, Gregg obtained a favorable settlement for a Fortune 100 bank client in lender liability litigation, and he later was successful in trying a construction law matter with another firm attorney, obtaining a jury verdict that pierced the corporate veil and recovered full damages against the owner of the company. Gregg also represented 40 Kentucky hospitals in a contract dispute in which a large regional health maintenance organization unilaterally tried to change its contract with the hospitals. After nearly two years of intense litigation in state court, the parties reached a multimillion-dollar settlement agreement in favor of the hospitals. One of the briefs Gregg filed in response to a defense motion to split up the trial gained some notoriety and is attached. (Read the brief)

In 2001, Gregg arbitrated a contract dispute on behalf of an improperly terminated employee. The arbitrator awarded the firm’s client $900,000, and after discussion of additional jury claims, the case later settled for more than $1.2 million. The arbitration award was for a breach of an employment contract containing a liquidation clause and the additional settlement arose out of extra-contractual damages.

Gregg has also negotiated a significant monetary settlement on behalf of a local company that learned that two ex-employees had developed a significant product while employed by the company but took that product for their own use and benefit. After Gregg meticulously gathered evidence from telephone records and electronic correspondence during discovery, he proved that the ex-employees had testified falsely about their efforts and the case settled on the eve of trial. Other significant commercial settlements include a $550,000 settlement against an insurer arising out of the destruction of the clients’ warehoused goods in Saigon, a $500,000 contract case involving the sale of environmentally unsound real estate, and several injunction hearings involving employees’ covenants not to compete and fiduciary duties. Gregg is panel counsel for two of the nation’s largest life insurance companies and represents them in connection with ERISA and contract matters.

Gregg’s personal injury practice has also been successful. Gregg has in the past represented both plaintiffs and defendants from the inception of the case, to jury trial and then on appeal. He has won numerous defense verdicts over his 20+ year career on behalf of both corporate clients and individuals. Gregg also served as plaintiff's counsel in catastrophic injury cases and has been involved in a $1.1 million jury verdict for a worker injured when a boom truck struck an electrical line. The worker suffered a severely damaged shoulder as a result of the electricity knocking him off a wall. Gregg has additionally represented several families in wrongful death cases involving automobile accidents and electrocutions. Gregg continues to try cases including automobile accidents, products liability and premises liability cases.

Gregg’s community activities have included serving as the president of the Crescent Hill Community Counsel, member of the Friends of the Louisville Zoo, and an ardent supporter of Ducks Unlimited. Gregg enjoys hunting and fishing with his children at his family’s farm in Edmonson County, Kentucky on the weekends.

Recognition and Awards:

Benchmark Litigation: Litigation Award 2012—South: Kentucky Litigator of the Year

Best Lawyers: Best Lawyers in America - Commercial Litigation, Health Care Law and Personal Injury Litigation - Plaintiffs

Chambers & Partners USA: Recognized as one of the 2012 Leaders in Their Field (Litigation)

Louisville Magazine: 2012 recognition for “Bet-the-Company Litigation” and “Business — Commercial Law” categories

SuperLawyers: Kentucky’s Top 10 Lawyers: Highly Recommended for Civil and Commercial Litigation. The press release from the University of Kentucky School of Law may be found here: http://uknow.uky.edu/content/uk-law-alumni-named-among-kentuckys-top-lawyers