Masten Childers III

Partner, Co-Chair of Tort & Insurance Litigation Section
blank image Masten Childers III
Masten Childers III

Masten Childers III

PARTNER, CO-CHAIR OF TORT & INSURANCE LITIGATION SECTION
LEXINGTON
T: 859.687.6699
F: 859.263.3239

Mr. Childers is a seasoned trial lawyer who over the past decade has built a national practice representing insurance, healthcare, banking and general business clients, both as plaintiffs and defendants. His experience extends across an array of complex business disputes, including matters of lender liability, breach of contract, shareholder disputes, breach of fiduciary duty, breach of non-competes, insurance coverage, and slander and libel.  In addition, he is deeply experienced in evaluating and pursuing claims of personal injury, medical malpractice, wrongful death and toxic tort. He has extensive in-court trial experience.  Clients turn to him for his ability to develop creative and effective litigation and, when needed, trial strategies.

Recognitions

  • Kentucky Super Lawyers®, Lexington, KY Civil Litigation "Rising Star" (2017–2022)

Business Litigation

  • Litigated numerous business cases relating to breach of contract, shareholder/member disputes, breach of fiduciary duties, breaches of non-compete agreements, insurance coverage disputes, tortious interference with contractual rights, and unfair competition claims
  • Represented numerous corporate clients in shareholder litigation adverse to former members of LLCs, employees, and vendors
  • Co-counsel to the Kentucky Department of Revenue which obtained summary judgment against the Online Travel Companies for unremitted tax revenue to the Commonwealth.  Department of Revenue, et al. v. Expedia, Inc., et al., Franklin Circuit Court, Division II, Civil Action 13-CI-00828 (Opinion and Order entered March 16, 2016)
  • Represented individual and corporate clients in prosecuting lender liability suits against national and regional banks 
  • Litigated successfully on behalf of numerous Kentucky banks in various litigation matters including prosecuting claims against defaulted borrowers; defending lender liability claims; defending claims asserting violations of the Fair Debt Credit Reporting Act; defending regulatory actions by state Banking Commission; defending Uniform Commercial Code (UCC) claims, defending title insurance claims
  • Provided litigation support to private equity lenders, mezzanine lenders, and other niche financial companies
 

Construction Litigation

  • Defended Developers, Architects, and Contractors in numerous construction litigation matters including but not limited to contractual disputes, construction defect cases, and indemnification claims
  • Represented property owners in actions against Developers, Architects, and Contractors for a myriad of issues related to design and construction of homes and commercial properties
 

Insurance Litigation

  • Extensive litigation experience in commercial and civil litigation in state, federal, and appellate courts in the insurance litigation/defense realm including coverage disputes, automobile liability, premises liability, products liability, municipal liability, public sector liability, Section 1983 litigation, professional liability, employment matters, coverage, pre-litigation assessment, mediation, arbitration, and administrative hearings
 

Personal Injury Litigation

  • Represented family of an abused patient in an elder abuse/wrongful death action against a rehabilitation hospital, where the Kentucky Supreme Court affirmed lower court denials of a stay of all discovery pending resolution of a parallel criminal trial.  The Court agreed with Plaintiffs that corporate defendants are not permitted to hide behind an individual’s Fifth Amendment rights, holding that “while [the individual Defendant] has a singular goal of protecting herself, she is not the only party in this equation.... [T]he public has an interest in prompt resolution of both cases, especially the civil case which may impact” patients of the healthcare provider defendants.  The decision was seen as a significant victory for victims of elder abuse and their families and precedent-setting in the Commonwealth of Kentucky.
 

Real Estate Litigation

  • Represented buyers, sellers, real estate agents, and brokers in various contractual disputes arising from the marketing, sale, and/or purchase of homes and commercial properties

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