Education:
University of the South, B.A., cum laude, 1970
Institute of European Studies, Madrid, Spain, 1969
Vanderbilt School of Law, J.D., 1974
Admitted to Practice:
Kentucky, 1974
Tennessee, 1998
Courts Admitted to Practice:
U.S. District Court, Western District of Kentucky
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Southern District of Indiana
U.S. Court of Appeals for the Sixth Circuit
Eric concentrates his practice in commercial litigation, in state and federal courts, at the trial and appellate levels. He has been selected for inclusion in The Best Lawyers in America®, Chambers USA: America's Leading Lawyers for Business and Kentucky Super Lawyers® in the category of commercial litigation.
Practice Areas
Health Care and Life Sciences
Class Action Defense
Product Liability
Alternative Dispute Resolution
Appellate
Litigation
Distribution and Franchising
Beverage Alcohol
Antitrust
Professional Memberships and Affiliations
Member in Charge, Bingham Greenebaum Doll LLP, Louisville Office: February 2000 to February 2005
Litigation Practice Group Chair, Bingham Greenebaum Doll LLP: 1988 to 1998
Louisville Bar Association (LBF Fellow)
Kentucky Bar Association (KBF Life Fellow)
American Bar Association
Civic and Charitable Involvement
Chairman, Kentucky Board of Bar Examiners (current)
Chairman, Legal Aid Society 2007 Justice for All Campaign
Chairman, WLKY-TV Spirit of Louisville Foundation (Bell Awards 2009), Board of Trustees (current)
West End School, Board of Directors (current)
Louisville Zoo, Board of Trustees and General Counsel (current)
Health Enterprises Network, Board of Directors (current)
Kentucky Shakespeare Festival, Board of Directors (2002-2006)
Beacon House Aftercare Program, Inc., Board of Directors (2000-2002)
Leadership Louisville (Class 2004)
Leadership Kentucky (Class `88)
Stage One: The Louisville Children's' Theatre, President, Board of Directors, (1996-1998)
The University of the South, Board of Trustees (1988-1991)
Former member of Citizens for Better Judges, Attorney Steering Committee
Supreme Court Historical Society
Former member of Committee on Professional Ethics, LBA
City of Anchorage, Councilman (1980-1987)
Honors & Awards
Chambers USA America's Leading Lawyers for Business in the area of Litigation: General Commercial - Kentucky
Recognized in the Kentucky Super Lawyers® lists, 2007-2012
Special Justice, Kentucky Supreme Court, 1997
Selected for inclusion in The Best Lawyers in America® 2006-2012 in the field of Commercial Litigation Law
Listed in Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys
Listed in 2012 Louisville Magazine, "Top Lawyers" in the "Bet the Company" category
Associate Editor, Vanderbilt Law Review
Representative Cases & Achievements
Reported Decisions:
- Louisville and Jefferson County Metropolitan Sewer District v. Douglas Hills Sanitation Facility, et al., Ky., 592 S.W.2d 142 (Kentucky Supreme Court 1979) (relative rights in and to real property easements and sewage collection system)
- Central Adjustment Bureau v. Ingram Associates, Inc., Ky. App., 62 S.W.2d 861 (1981) (new law in Kentucky regarding enforceability of post employment covenants not to compete)
- Hammond v. Baldwin and Toyota Motor Manufacturing, U.S.A., 866 F.2d 172 (6th Cir. 1989) (dismissal of 1983 claim)
- Pleasant Pointe Apartments, Ltd. v. Kentucky Housing Corporation, 139 B.R. 828 (W.D. Ky. 1992) (new law in the Western District of Kentucky dismissing single asset Debtor's Chapter 11 petition for lack of good faith)
- The Kentucky Lottery Corporation v. Casey, Ky., 862 S.W.2d 888 (Kentucky Supreme Court 1993) (case of first impression construing Kentucky's Lottery statute)
- Niehoff v. Surgidev Corp., KY, 950 S.W.2d 816 (1997) (no federal pre-emption of state law negligence and product liability claims) (author of Dissenting Opinion sitting as Special Justice)
- Knology Inc. v. Insight Communications Co., L.P., 393 F.3d 656 (6th Cir. 2004) (Noerr-Pennington immunity for anti-trust and 1983 claims)
- Kentucky Kingdom Amusement Co. v. Belo Kentucky, Inc., 179 S.W.3d 785 (Kentucky Supreme Court 2005) (affirming $3 million jury verdict for corporate plaintiff in public figure defamation case)
- Knology Inc. v. Insight Communications Co., L.P., 460 F.3d 722 (6th Cir. 2006) (denial of costs under Rule 54 in antitrust and § 1983 case)
- Ventas, Inc. v. HCP, Inc., 2011 WL 1844093 (6th Cir. 2011) (Affirmed $101 million compensatory damage jury verdict in favor of Ventas, Inc. for HCP's tortious interference, and remanded for trial on punitive damages) (Settled for an additional $125 million).
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