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Fellow, Litigation Counsel of America (“LCA”). LCA is a highly-selective honorary trial lawyer society with a membership limited to less than one-half of one percent of American lawyers. Fewer than 50 private practice Kentucky lawyers have been admitted as Fellows. Fellowships are selected based on excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.
Life Member - Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements. There are approximately 3000 members located throughout the country. Fewer than 1% of U.S. lawyers are members.
Appointed by two Governors of Kentucky to serve as a Special Justice on the Kentucky Supreme Court.
Appointed by the United States District Court, Eastern District of Kentucky to serve as Plaintiffs' Liaison Counsel in the aviation litigation arising out of the crash of Comair 5191 in Lexington, Kentucky on August 27, 2006.
AV Preeminent® Peer Review Rated™ by Martindale-Hubbell®
Kentucky Super Lawyers®, Top 50 in Kentucky, 2017, 2019, 2021
Chambers USA, Leading Lawyer for Business, Commercial Litigation
Benchmark Litigation, Local Litigation Star, General Commercial; Real Estate; Equine; Banking & Lender Liability; Personal Injury, 2015 and 2016
Best Lawyers® “Lawyer of the Year,”Lexington, Bet the Company Litigation, 2021
Best Lawyers® “Lawyer of the Year,” Lexington,Trusts and Estates Litigation, 2019
Best Lawyers® “Lawyer of the Year,” Lexington,Banking and Finance Litigation, 2020, 2017, 2015, 2012
Best Lawyers® “Lawyer of the Year,” Lexington, Real Estate Litigation, 2014
Real Estate Litigation Attorney of the Year in Kentucky, Corporate Intl Magazine Global Award, 2014
Listed in Best Lawyers in America®, Banking and Finance Litigation, Commercial Litigation, Eminent Domain and Condemnation Law, Personal Injury Litigation-Defendants, Real Estate Litigation, Trusts and Estates Litigation
· Airline & Wrongful Death Litigation
-Represented five families in the wrongful death litigation arising from the crash of Comair 5191, a commercial airliner in Lexington, Ky.
-Represented three passengers in litigation arising from private charter airplane crash in Chattanooga, TN.
-Represented family of pilot in connection with fatal crash of private charter airplane in rural North Carolina.
-Represented electric utility in defending wrongful death claims from a helicopter crash alleged to have resulted from utility wire strike. Obtained dismissal of all claims against client.
· Breach of Commercial Sales Contract
Obtained Plaintiff’s summary judgment for buyer’s breach of nearly $700,000 commercial sales contract for the purchase of large industrial tires. C&M Giant Tire, LLC v. Triple S Tire Co., Inc., No. 13-162, 2014 U.S. Dist. LEXIS 158932, 85 U.C.C. Rep. Serv. 2d 187 (E.D. Ky. Nov. 10, 2014)
· Breach of Fiduciary Duty Claim
Represented client in a federal action in California involving claims of fraud and civil conspiracy in connection with a multi-million dollar equine transaction. Obtained a Rule 12 dismissal of all claims against client.
· Class Action, Telecommunications, Public Utility, Taxation & Consumer Protection
Represented a class of more than 450,000 members in U.S. District Court challenge to overcharges/tariff violations by regulated telecommunications carrier. Obtained summary judgment on federal overcharge claims for class members and protected class certification by defeating an interlocutory appeal to the U.S. Sixth Circuit Court of Appeals. Settlement approved by District Court in November 2013 included cash refunds to all class members. Bowers v. Windstream Ky. East, LLC, 2013 U.S. Dist. LEXIS 157242 (W.D. Ky. 2013).
· Defense of Nonprofit as Beneficiary
Represented a charitable organization in defending a will contest in a multi-million dollar estate where the charitable organization was the primary beneficiary. After aggressively defending the action, obtained a favorable settlement that involved dozens of contesting family members.
· Distributorship Agreement; Substantial & Common Law Damages
Represented an international manufacturer of construction equipment in a lawsuit concerning a challenge by a distributor to a termination of a distributorship agreement and claims for substantial statutory and common law damages as well as injunctive relief to require rescission of the termination. This federal action involved potential major implications for the manufacturer and its relationship with its distributors around the world. Obtained summary judgment ruling in the manufacturer’s favor on all counts.
· Landowner Eminent Domain Defense
Represented numerous individual, agricultural, commercial and industrial landowners in negotiations and litigation by the Commonwealth of Kentucky, Department of Highways, in connection with acquisitions and condemnations for road projects, and other assorted road and highway issues.
· Major Electric Transmission Project - Eminent Domain
Collaborated with a longtime electric utility client to plan and coordinate the acquisition of more than 100 parcels of real estate in three counties for a 41-mile electric transmission line. Representation began in the early planning stages of the project and carried through agreed-upon acquisitions, challenges to the right to condemn, appeals and valuation litigation.
· Major Water Pipeline Project - Eminent Domain
Worked with a water utility client that was acquiring rights-of-way for major water pipeline project. Assisted with negotiations and, where necessary, eminent domain litigation, ultimately securing rights to construct an important 42” water main to transport water from the Kentucky River to Lexington and surrounding communities, securing a new and dependable water source for Central Kentucky for years to come.
· Renunciation of a Will
Participated in the successful defense of spouse's renunciation of will in an estate involving more than $25 million in assets. In litigation spanning several years, client prevailed at the trial court level and was upheld on appeal.
· Reversal of Jury Verdict
Retained after an estate suffered a jury verdict of $3.5 million based on alleged testamentary promises. Successfully obtained a complete reversal of the verdict against estate and dismissal of claim in approximately six months.
Seminars, Presentations and Lectures
"'House Rules' and Exclusionary Rules in the Equine Industry," 2015 Annual National Conference on Equine Law
"2013-2014 Kentucky Supreme Court Update," LG&E and KU Energy LLC Continuing Legal Education Series
"Defending an Equine Case Before an Administrative Tribunal," 2014 Annual National Conference on Equine Law
"2012-2013 Kentucky Supreme Court Update," LG&E and KU Energy LLC Continuing Legal Education Series
"Eminent Domain from Start to Finish," National Business Institute
"2011-2012 Kentucky Supreme Court Update," LG&E and KU Energy LLC Continuing Legal Education Series
"Recent Amendments to Federal Rules on Experts," 2012 Kentucky Bar Association Annual Convention
"2010-2011 Kentucky Supreme Court Update," LG&E and KU Energy LLC Continuing Legal Education Series
"2009-2010 Supreme Court Update," LG&E and KU Energy LLC Continuing Legal Education Series
"2010 Amendments to Federal Rules on Expert Disclosures," Presentation to Association of Corporate Counsel, Small Law Department Committee
"Discovery 101," Kentucky Bar Association Convention
"The History of Punitive Damages in Aviation Law," Embry-Riddle Aviation Law and Insurance Symposium
David Royse has represented individuals and families in catastrophic injury and wrongful death cases and has also served as a trusted legal advisor, handling major litigation for many of Kentucky’s top businesses including Keeneland Association, The Jockey Club, Claiborne Farm, Louisville Gas & Electric Company, Kentucky Utilities, Kentucky American Water, East Kentucky Power Cooperative, Blue Grass Energy, Shriners Hospitals for Children, Fifth Third Bank, and others. He represented five families of victims in the crash of Comair 5191 and was appointed by U.S. Judge Karl Forester as Plaintiffs’ Liaison Counsel for the Plaintiffs’ Steering Committee in that litigation. In 2014, Royse was inducted as a Fellow in Litigation Counsel of America, a highly selective honorary trial lawyer society, and now is an LCA Senior Fellow. Royse has repeatedly been recognized by Best Lawyers in America®, SuperLawyers®, ChambersUSA® and Benchmark Litigation®, earning multiple distinctions as a “Leader in Litigation,” “Local Litigation Star” and “Lawyer of the Year” and "Top 50 in Kentucky." He is rated “AV Preeminent®” by Martindale-Hubbell®, reflecting the highest level of professional excellence.
David T. Royse
· University of Kentucky College of Law, 1998, J.D., cum laude
- Order of the Coif (restricted to top 10% of graduating class)
- Kentucky Law Journal
· Birmingham-Southern College, 1995, B.A., cum laude
Bar & Court Admissions
· All Kentucky Courts
· U.S. District Court, Eastern District of Kentucky
· U.S. District Court, Western District of Kentucky
· U.S. District Court, Southern District of Indiana
· U.S. Court of Appeals, 6th Circuit
· U.S. Court of Appeals, 9th Circuit