Attorney
As a highly experienced appellate attorney, Robert has concentrated in personal injury plaintiff appeals, and criminal defense appeals. He has made his mark in Kentucky and national law with multiple published court cases.
Robert has appeared before the U.S. Supreme Court, as well as numerous times before the U.S. Courts of Appeal for the Sixth and Eleventh Circuits, the Court of Appeals for the Armed Forces, and the Kentucky Supreme Court. In addition, he is admitted to practice law in front of the U.S. Court of Appeals for the Fifth Circuit, the U.S. District Courts for the Eastern and Western Districts of Kentucky and their associated bankruptcy courts, the U.S. District Court for the Northern District of Illinois, and the State courts of Illinois, the District of Columbia, and Florida (pending), as well as Kentucky. He has also appeared before the U.S. Bankruptcy Court for the Northern District of Texas, and the State courts of Arkansas and New Mexico.
Robert is a subject-matter expert in avoiding arbitration agreements in the nursing home context—arbitration agreements being the bane of nursing home neglect and abuse litigation. His published cases include:
Kindred Nursing Centers v. Clark, 581 U.S. 246 (2017)
Smith v. Marcus & Millichap, 991 F.3d 1145 (11th Cir. 2021)
Preferred Care of Delaware, Inc. v. Estate of Hopkins, 845 F.3d 765 (6th Cir. 2017)
Richmond Health Facilities v. Nichols, 811 F.3d 192 (6th Cir. 2016)
Mitutoyo Corp. v. Central Purchasing, LLC, 499 F.3d 1284 (Fed. Cir. 2007) (unnamed)
U.S. v. Clay, 64 M.J. 274 (C.A.A.F. 2007)
U.S. v. Garcia, 59 M.J. 447 (C.A.A.F. 2004)
Kimberly Howard v. Big Sandy Area Development District, 626 S.W.3d 466 (Ky. 2020)
Estate of Curtis v. South Las Vegas Medical Investors, LLC, 466 P.2d 1263 (Nev. 2020)
Kindred Nursing Centers v. Wellner, 533 S.W.3d 189 (Ky. 2017)
Extendicare Homes, Inc. v. Whisman, 478 S.W. 3d 306 (Ky. 2015)
James Overstreet v. Kindred Nursing Centers, 479 S.W.3d 69 (Ky. 2015)
PCPMG, L.P. v. Alexander, 530 S.W.3d 919 (Ky. Ct. App. 2017)
Genesis Healthcare, L.L.C. v. Stevens, 544 S.W.3d 645 (Ky. Ct. App. 2017)
Kindred Nursing Centers v. Cox, 486 S.W.3d 892 (Ky. Ct. App. 2015)
Kindred Healthcare, Inc. v. Henson, 481 S.W.3d 825 (Ky. Ct. App. 2014)
Sunbridge Retirement Care Assocs., L.L.C. v. Smith, 757 S.E.2d 157 (Ga. Ct. App. 2014) (unnamed)
Kindred Nursing Centers v. Leffew, 398 S.W.3d 463 (Ky. Ct. App. 2013)
GGNSC Stanford, L.L.C. v. Rowe, 388 S.W.3d 117 (Ky. Ct. App. 2012)
Harvest Homebuilders, L.L.C. v. Commonwealth Bank and Trust Co., 310 S.W.3d 218 (Ky. Ct. App. 2010)
Robert is the son of an electrician and rural family farmer, and is a former U.S. Navy lieutenant, serving in the regular Navy (four years) as a weapons officer for a guided missile cruiser, and later in the U.S. Navy JAG Corps (six years). He started his legal career as a JAG in court martial defense work, before joining a national nursing home litigation firm where his practice focused on appeals and complex nursing home litigation. In his free time, Robert enjoys spending time with his family, reading, writing, and attending the local, traditional (Tridentine) Catholic Mass.
“Fear God and Dread Nought.” — Admiral of the Fleet Jackie First Baron Fisher, First Sea Lord of the Admiralty (1904-1910, 1914-1915) and pioneer of HMS Dreadnought
Practice Areas
· Appellate Law
· Personal Injury, with a focus on Nursing Home Neglect and Abuse
Education
· The Ohio State University Moritz School of Law, Columbus, Ohio
· Juris Doctor—1999
· St. Anne’s College Oxford University, Oxford, England – 1997
· Summer Study Abroad, European Union law
· Miami University, Oxford, Ohio
· Bachelor of Arts—1991
· Major: History