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Abell Law Blog

• American Association for Justice Reports On Insurance Companies' "Tricks of the Trade"
   
• HIPAA Violated By Defense Counsel's Interviews of Plaintiff's Prior Treating Physicians
   
• UK Students Killed in I-75 Wreck
   
• Wreck On Kentucky Highway 33 Injures 3
   
• Mislabeled Insulin Syringes Recalled
   
• I-64 Wreck Claims Mt. Sterling Man
   
• One Fatality From US 68 Wreck In Jessamine County
   
• One Killed In Henry County Wreck
   
• Paris Man Killed In Wreck On Bypass
   
• Fourth Death In US 127 Wreck Near Albany
   
• Montgomery County Men Killed In Wreck On US 60
   
• "Get Out of Jail" Free Cards For Corporations -- American Association for Justice Details Undermining of Family and Consumer Protections
   
• Drop Side Crib Recall
   
• Lincoln County Wreck Kills Husband, Injures Wife
   
• Increased Efforts To Prevent Injured Families From Holding Corporations Accountable
   
• Fen-Phen Flim-Flam: Don't Be A Victim of Lawyer Advertising
   
• Unsafe Drugs Approved & Then Pulled By FDA
   
• Nursing Home Safety & Health Violations Reported
   
• Double Fatality In Pike County Wreck
   
• Fatal ATV Crash In Jackson County
   
• Deadly Crash On Man o' War
   
• Tired Truckers Targeted By New Technology
   
• ATV Age Guidelines Unsafe
   
• Family Member Of Asbestos Worker May Sue For Cancer Death Caused By Asbestos Exposure
   
• Drugs Being Investigated Listed by FDA
   
• Pregnant & New Mothers Endangered By Proposed FDA Rule
   
• Delays Caused By Insurance Companies Harm Patients, Doctors Report
   
• Pain & Suffering Damages of $100,000 for Amputee Vacated By Court As Too Low and "A Miscarriage of Justice"
   
• Hospital Death Rates Online
   
• Drug Makers Should Be Liable For Defects Under State Law, New England Journal of Medicine Editors Argue to Supreme Court
   
• Railroad Crossing Safety Requires "Active" Warning Systems
   
• Beef Recalled By Whole Foods
   
• State Farm To Pay $74 Million More To Settle Katrina Claims
   
• Consumer Product Safety Whistleblower Protection Passed by Congress
   
• U.S. Needs National Database of Replacement Joints
   
• Congress To Ban Toxins In Children's' Toys
   
• Disability Insurers Investigated by Senate
   
• Weakening of Workplace Toxin Rules Underway
   
• Sick Truckers On Nation's Highways
   
• MySpace Photos Destroy Plaintiff's Credibility and Case
   
• Scorsone for Fayette Circuit Judge
   
• Worst Insurance Companies: The Top Ten
   
• Parents' Underinsured Motor Vehicle Coverage Applies to Vehicle Owned by Child
   
• Nurses Report Staffing Shortages Impact Patient Care
   
• Fairness of Consumer Arbitration Procedures Questioned
   
• Food-Borne Illness Case Settled
   
• Senator Charges "Criminal Negligence" In FDA's Failure to Protect Food Supply
   
• President Bush Should Support Fair Pay Law
   
• Criminal Prosecution For Worker Safety Violations
   
• FDA Chief Bypasses Bush Administration to Beg Congress for More Money
   
• Bush Administration Rules Protect Corporate Wrongdoing
   
• FDA Report Acknowledges Agency Cannot Protect American Public
   
• Drug Companies Find Shelter In Overwhelmed FDA
   
• Disability Insurers Causing Overload of Social Security
   
• Windfall Profits for Kentucky's Medical Malpractice Insurance Companies
   
• It Is Presumed That You Have Given Up Your Constitutional Rights
   
• Appeals Court Reinstates Retaliation Case of Employee Fired "Immediately Upon" His Employer Learning of His Discrimination Charge to EEOC
   
• Conference on Health Care Transparency and Patient Advocacy
   

Robert L. Abell, Kentucky Lawyer Profile

Robert L. Abell graduated with honors from the Tulane University School of Law in New Orleans in 1987, after earlier earning a Bachelor of Arts degree with honors from the University of Kentucky. 

After starting work right out of law school for a large Louisville-based law firm, Greenebaum Doll & McDonald, where he represented public and government entities, corporations, banks and individuals in lawsuits, Robert took a job as a public defender for the Legal Aid Society of New York City where he defended individuals charged with crimes throughout the five boroughs of New York City.  In 1991 he returned to Lexington and began the law practice represented by this website.

Since opening the Robert Abell Law Office, he has concentrated on representing individuals injured in motor vehicle, car or truck collisions or accidents, individuals injured and thrown out of work due to negligence, intentional or outrageous misconduct of others, individuals with various types of insurance related claims including for property replacement, property repair, bad faith and unfair claims handling and for disability benefits, whistleblowers, individuals harmed by discrimination or sexual harassment, individuals who have been hurt on the job and sought worker’s compensation benefits, borrowers and consumers taken advantage of the lenders, workers and investors harmed by fraud or negligent mismanagement of their retirement, 401(k) or stock accounts and assets, employees not paid their earned overtime, and property owners whose use and enjoyment of their property has been wrongfully interfered with.

He also represents businesses in commercial litigation arising from contract disputes and breach of contract, fraud, breach of fiduciary duties, business torts, construction claims, leases, insurance litigation and other business related claims. 

Robert is a member of the bars and admitted to practice law in the following courts:

• United States Supreme Court

• United States Court of Appeals for the Fourth Circuit

• United States Court of Appeals for the Sixth Circuit

• United States Court of Appeals for the Federal Circuit

• United States District Court for the Eastern District of Kentucky

• United States District Court for the Western District of Kentucky

• Supreme Court of Kentucky and its lower courts

• Supreme Court of Colorado and its lower courts

• State Bar of New York

Robert is a member of a number of lawyer associations including the following:

• American Justice Association (Employment Rights section)

• Kentucky Justice Association

• National Employment Lawyers Association

• National Association of Criminal Defense Lawyers

• Kentucky Bar Association

• Fayette County Bar Association

A lawyer's experience and ability is shown by cases that he has been involved in that are important and significant enough to be reported on in official law reports and other legal publications.  Since opening the Robert Abell Law Office in 1991 these have included the following:

• Mackey v. United States, 247 Fed. Appx. 641 (6th Cir. 2007)(Federal Tort Claims suit by family of murdered postal worker)
   

• United States v. Plavcak, 411 F.3d 655 (6th Cir. 2005)(appeals court reinstated indictment that had been dismissed)
   

• United States v. Carter, 315 F.3d 651 (6th Cir. 2003)(vacated upon granting of rehearing en banc), 378 F.3d 584 (6^th Cir. 2004)(en banc)cert. denied, 543 U.S. 1155 (2005)(sitting en banc the 13 judges of the Sixth Circuit split 8-5 in upholding a search and seizure)
   

• Commonwealth v. Isham, 98 S.W.3d 59 (Ky. 2003)(Kentucky Supreme Court ruled that district court improperly dismissed charge before trial, ordered a trial at which defendant was found not guilty)
   

• Lexington Public Library v. Clark, 90 S.W.3d 53 (Ky. 2002)(Kentucky Supreme Court rejected application of attorney-client privilege asserted by employer)
   

• Hines v. Commonwealth, Dept. of Treasury, 41 S.W.3d 872 (Ky. App. 2001)(regarding application of the Open Records law)
   

• Wells v. Columbia Gas of Kentucky, Inc., 44 ATLA Law Reporter 263 (September 2001)(jury verdict awarding lost pay, compensatory and punitive damages on age discrimination claim by fired service worker)
   

• United States v. Monger, 185 F.3d 574 (6^th Cir. 1999)(appeals court reversed and vacated conviction based on trial court's refusal of requested jury instruction)
   

• Gable v. Patton, 142 F.3d 940 (6th Cir. 1998), cert. denied, 525 U.S. 1177 (1999)(appeals court upheld and struck down portions of Kentucky campaign finance law)
   

• Wallace v. Cherokee Equity Corp., et al, 40 ATLA Reporter 93 (April 1997)(reporting settlement of failure to train and/or supervise claims by tenant against apartment complex owner)
   

• Casey v. Milner Electrical Company, 23 The Advocate Verdicts & Settlements Reporter (July/August 1996)(reporting jury verdict awarding lost pay, compensatory and punitive damages to electrician fired for seeking workers' compensation benefits and treatment)
   

• Works v. Transit Authority of Lexington-Fayette Urban County Government, 39 ATLA Law Reporter 59 (March 1996)(reporting jury verdict awarding lost pay, compensatory and punitive damages to bus driver fired for seeking workers' compensation benefits and treatment)
   

• United States v. Wright, 12 F.3d 70 (6th Cir. 1993)(appeals court vacated sentence and ordered resentencing based on trial court's error in calculating sentence under United States Sentencing Guidelines)
   

• United States v. Herrera-Martinez, 985 F.2d 298 (6th Cir. 1993)(appeals court vacated conviction based on trial court's failure to make determination that defendant was competent to represent herself)
  
  Recent Developments and News:

  Robert L. Abell addressed the Conference for Healthcare Transparency and Patient Advocacy held November 16, 2007, in Lexington, Kentucky.  The conference was sponsored by Health Watch USA, Kentucky Watch, Kentuckians for Nursing Home Reform and the Kentucky Association of Health Underwriters.  Abell spoke on the topic of "Regulating and Reporting: Duties of the Cabinet and the Health-Care Employee."  A video of Abell's talk may be viewed by clicking here.  The Conference's keynote speaker was former United States Surgeon General Jocelyn Elders, M.D.

  Robert L. Abell filed suit on behalf of seven women presently or formerly employed by the University of Kentucky Police Department on October 10, 2007, in Fayette Circuit Court asserting that they had been unlawfully discriminated against in the terms and conditions of their employment based on their female gender and that they have suffered unlawful retaliation because of their prior reports of unlawful discrimination and other unlawful employment practices: Lisa Blankenship, et al vs. Board of Trustees of University of Kentucky, et al, Fayette Circuit Court No. 07-CI-4844.  To review their complaint click here. 

  The Kentucky Court of Appeals reversed a Fayette Circuit Court judge and ruled that a truck driver represented by Robert L. Abell was entitled to go to trial on his claims of wrongful discharge in violation of the workers' compensation law, malicious prosecution and abuse of process: Jeffrey A. Isham v. ABF Freight Systems, Inc., et al, No. 04-CA-001349.   

  The United States District Court for the Western District of Kentucky at Bowling Green ruled that a client represented by Robert L. Abell seeking his long-term disability benefits in an ERISA case was entitled to conduct discovery regarding the relationship between the insurance company and its medical consultant, University Disability Consortium: Lyman Powell vs. Hartford Life & Insurance Company, No. 06-CV-134-M.  To read the district court's opinion or the motions and memos filed by Robert L. Abell on behalf of client Lyman Powell click Opinion and Order, Motion for Leave to Take Discovery, Reply Memo and/or Response to Hartford's Motion to Set Aside Discovery Order.

  The Kentucky Court of Appeals reversed a jury verdict against a small business owner represented by Robert L. Abell and ordered a new trial based on errors by the trial judge in (1) preventing the business owner to present evidence to the jury that he had offered to provide the customer with a new, next-generation model as a replacement; (2) admitting into evidence an undated document printed off the Internet; and, (3) engaging in a "wholesale rewrite of the jury instructions" after the jury had already begun deliberating: David Powers, et al vs. Dermot Halpin and Hilary Halpin, No. 05-CA-2322.

  The United States District Court for the Eastern District of Kentucky at London dismissed an indictment charging conspiracy to distribute methamphetamine against a client represented by Robert L. Abell based on a violation of the Speedy Trial Act: United States of America vs. Michael Roy Redmond, No. 07-CR-24-DCR. 

  Media Coverage: 
  
  "Villa Hills Councilman Sues," Cincinnati Enquirer, June 10, 2008

  "Villa Hills Council Member Sues," WCPO-TV, Cincinnati, Ohio, June 6, 2008

  "KSU's New Interim Police Chief Is Suing UK,"  Lexington Herald-Leader, January 4, 2008
  
  "UK Denies Suit's Claims of Sexual Discrimination," Kentucky Kernel, November 20, 2007
  
  "Suit Says Female UK Police Officers Were Mistreated; Current, Former Members of Force Allege Gender Bias," Lexington Herald-Leader, October 12, 2007
  
  "Three Urban County Employees Sue To Keep Jobs; Say They're Civil Service Workers, Exempt From Council Job Cuts," Lexington Herald-Leader, December 28, 2006
  
  "UK Officer Sues Over Alleged Firing; Assistant Chief Says Issue Involves Citation Against Administrator," Lexington Herald-Leader, July 29, 2006
  
  "Police File Remains Confidential; Judge In Suit Tied to Time Cards Says That Could Change," Lexington Herald-Leader, December 23, 2005
  
  "Police Lieutenant Sues Lexington; Charges Retaliation Over Timecard Issue," Lexington Herald-Leader, April 21, 2005
  
  "Charges Dismissed Against Hyatt Janitor," Lexington Herald-Leader, August 27, 2003
  
  "Lexington Settles Last of Suits Alleging Discrimination; All 3 Were Filed Against Walsh-Era Police Department," Lexington Herald-Leader, May 22, 2003
  
  "Lawsuit Naming Walsh Settled; Woman Alleged Bias Against Ex-Police Chief, City to Pay Her $150,000," Lexington Herald-Leader, March 20, 2003
  
  "Sex Claim OK'd For Walsh Trial," Lexington Herald-Leader, March 15, 2003
  
  "Attorney: Claim Not Weakened In Walsh Case," Lexington Herald-Leader, March 13, 2003
  
  "Former Officer Recants Charge Against Walsh," Lexington Herald-Leader, March 12, 2003
  
  "Sexual Assault Claims Included; Judge Rules In Suit of Ex-Police Chief Race Bias Claim Allowed," Lexington Herald-Leader, March 1, 2003
  
  "Ex-Chief Accused of Forcing Sex on Officer," Lexington Herald-Leader, February 28, 2003
  
  "Detective Alleges Race Bias by Walsh; Suit Against City Comes on Top of 2 Sex-Bias Claims," Lexington Herald-Leader, August 21, 2001
  
  "Walsh Is Target of Sex Bias Lawsuit," Lexington Herald-Leader, August 2, 2001
  
  "Suit Claims Sexual Discrimination by Lexington Chief," Louisville Courier-Journal, August 2, 2001
  
  "Columbia Gas Held Guilty of Age Bias," Lexington Herald-Leader, April 6, 2001
  
  "Ex-LexTran Worker Sues Over Dismissal," Lexington Herald-Leader, March 17, 1999
  
  "Justices Keep Hands Off Kentucky Election Law," Louisville Courier-Journal, March 2, 1999
  
  "Suit Against City Valid, Judge Finds," Lexington Herald-Leader, June 26, 1997
  
  "Dismissed LexTran Driver To Return To Work Monday," Lexington Herald-Leader, October 14, 1995
  
  "Suit Against Bank Filed In Federal Court," Richmond Register, April 5, 1995
  
  "Woman Sues Fiscal Court, Deputy Jailers," Appalachian News-Express (Pikeville, Kentucky), March 24, 1995
  
  "Bank Hit With Another Lawsuit," Richmond Register, March 14, 1995
  
  "Bank Papers Can Be Secret," Richmond Register, March 7, 1995
  
  "Bank Wants Records Secret," Richmond Register, March 2, 1995
  
  "Lawsuit Widens; Includes Bank," Richmond Register, February 21, 1995
  
  "Voter Who Wants To Switch Parties For Primary Joins Challenge to Election Law," Lexington Herald-Leader, February 21, 1995
  
  "Ex-Official Files U.S. Suit," Richmond Register, September 14, 1994
  
  "Former Banker Files Suit," Richmond Register, September 8, 1994

  "Bank Officials Sued for Defamation," Richmond Register, August 20, 1994

  "City Ordered To Meet Needs of the Disabled," Richmond Register, August 6, 1993
  
  "Man Settles Suit Against Richmond," Lexington Herald-Leader, July 29, 1993
  
  "City Sued For Handicap Access Plan," Richmond Register, September 30, 1992
  
  "Disabled Lexington Man Sues Richmond," Lexington Herald-Leader, September 30, 1992
  
  "Rush Claims Age Discrimination," Commonwealth Journal (Somerset, Kentucky), December 20, 1991
   

ROBERT L. ABELL
271 West Short Street
Suite 200
Lexington, KY 40507

866-578-5302 TOLL FREE

859-254-7076 Phone
859-231-0691 Fax

• Retirement Plan Stock Losses Are Basis For Employees' Suit Against The Hartford
   

• Interrupted Lunch Breaks Cited In Wage Class Actions
   

• Failure To Fully Pay Life Insurance Benefits Breached UNUM's Fiduciary Duty Under ERISA
   

• Pregnancy Discrimination Act Marks 30 Year Anniversary
   

• Retirement Plan Manager Breached Fiduciary Duty By Secretly Increasing Retirees' Medical Insurance Premiums
   

• Injured Workers May Sue Under Racketeering Law Based On Scheme To Deny Them Workers Compensation Benefits
   

• Protections For Disabled Workers Enhanced By ADA Amendments
   

• Police Sick Leave Suit Granted Class Action Status
   

• Retaliation & Age Discrimination Complaints Increase Most, EEOC Reports
   

• Retaliation Against Employee Taking Family Medical Leave Held Unlawful
   

• $10 Million Police Overtime Case Settled
   

• Religious Discrimination Compliance Manual Issued By EEOC
   

• Employee Can Sue For Constructive Wrongful Discharge
   

• Former Employees Who Have Received Their Retirement Benefits May Sue For The Reduced Value Of The Benefits
   

• Employee Fired For Reporting Co-Employee's Illegal Acts May Sue
   

• Cancer Survivor Protected From Disability Discrimination
   

• Pregnancy Discrimination Act Prohibits Firing Woman for Absences Related to Receipt of In Vitro Fertilization Treatments
   

• Overtime and Wage Enforcement Lax, Government Reports
   

• Sixth Circuit Sets Summary Judgment Standard in Mixed-Motive Cases
   

• Wal-Mart Found Liable for Underpaying Workers
   

• Production of Confidential and Irrelevant Documents Dooms Retaliation Case
   

• Age Discrimination Verdict Upheld by Kentucky Supreme Court
   

• Police Officers Must Be Paid For Time Spent Putting On and Taking Off Required Uniform and Equipment
   

• Employees Must Be Paid For Time Spent Putting On and Taking Off Safety Wear and Equipment
   

• Paramedics Entitled to Overtime Compensation
   

• Discrimination Claims Not Barred By Arbitration Decision
   

• Two Employees Each Awarded $350,000 In Race Discrimination Case
   

• Fired Because of A Sick Family Member: Protection Against "Association Discrimination"
   

• Release of Discrimination Claims Valid In Absence of Duress, Fraud or Bad Faith
   

• Employer's Retaliation Against Fiancee of Employee Charging Discrimination Violates Title VII
   

• Employer's Toleration of Co-Worker Retaliation Can Lead to Liability
   

• Retirement Funds In Defined Contribution 401(k) ERISA Plan Lost Due to Investment Manager's Failure to Follow Directions or Failure to Notify May Be Recovered
   

• Appeals Court Terminates Benefits by Crediting Consulting Nurse's Opinion over Treating Doctor's

Robert L. Abell is a  Personal Injury and Accident lawyer for Lexington, Winchester, Paris, Georgetown, Frankfort, Versailles, Nicholasville, Richmond, Lancaster, Stanton, London, Corbin, Shelbyville, Danville, Lawrenceburg, Williamstown, Jeffersontown, Louisville, Harrodsburg, Campbellsville, Liberty, Bardstown, Covington, Columbia, Elizabethtown, Newport, Pikeville, Ashland, Morehead, Jackson, Cynthiana and other communities located in central and eastern Kentucky and Fayette County, Scott County, Clark County, Madison County, Laurel County, Powell County, Morgan County, Breathitt County, Harrison County, Woodford County, Bourbon County, Jessamine County, Mercer County, Boyle County, Anderson County, Shelby County, Jefferson County, Owen County, Franklin County, Grant County, Boone County, Kenton County and elsewhere in Kentucky. 
This website does not constitute and is not intended to be legal advice.  You should consult with a lawyer regarding your own situation. 
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© Robert L. Abell, 2008, All Rights Reserved