Jill Endicott is a Partner in the Litigation Department. Her practice focuses upon business dispute resolution in all aspects and phases of litigation, including through trial and appeal, negotiations and settlement, regulatory proceedings, mediation, and arbitration. She has represented insurance companies, banks, financial institutions, product manufacturers, pharmaceutical companies, healthcare companies and providers, and Fortune 500 corporations in cases involving substantial claims of breach of contract, indemnification, shareholder and business separation disputes, advertising injury, breach of fiduciary duty, anti-trust, statutory and regulatory violations, constitutional law, lender liability, professional liability, fraud, misrepresentation, products liability, environmental contamination, toxic torts, and consumer protection class actions.
In 1998, Jill successfully represented the Kentucky Commissioner of Insurance in his capacity as Liquidator of Kentucky Central Life Insurance ("KCL") to secure reversal of a trial court's order imposing $1 million in discovery sanctions and denying enforceability of over $100 million in personal guaranties. Thereafter, Jill served as lead counsel to the Liquidator of KCL in high-profile litigation against the Bank of Louisville, recovering a settlement of $27 million, and in the $100 million Webb dispute, one of the largest continuous lawsuits of that statutory insolvency.
Jill's appellate experience is substantial. Her legal career began with a two-year appellate judicial clerkship on the New Mexico Supreme Court. Over the past 17 years she has litigated appeals before every appellate court in Kentucky, resulting in several precedent-setting decisions in cases involving a broad range of procedural and substantive issues. In 2008, Jill served as a Special Justice on the Kentucky Supreme Court by appointment of the Governor of Kentucky.
In her early years as a tort lawyer, Jill defended personal injury, products liability, professional liability, and toxic tort cases, first-chaired jury trials, and handled a broad range of appeals, including as local counsel in cases of national significance. Jill's priority and focus is to achieve the most advantageous resolution for her clients as quickly and economically as possible.
Memberships & Affiliations
· Kentucky Bar Association
· Louisville Bar Association
· ALFA International Insurance Practice Group, Chair Emeritus (2011-present), Chair (2009-2011), Vice Chair (2005-2009), Program Chair (2005-2006), Steering Committee (2002-present)
· Defense Research Institute, Insurance and Commercial Litigation Committees
· Juvenile Diabetes Research Foundation (JDRF) International, Board of Directors
· JDRF Gala Committee, Corporate Fundraising Chair (2006-2011)
· George Washington University Law School, Kentucky Alumni Committee
· University of Pennsylvania, Kentucky Alumni Committee
· Kentucky Country Day Parents' Association
· Louisville Legal Aid Society, Landlord/Tenant Project, former pro bono counsel
Distinctions
· AV Rated by Martindale-Hubbell
· 2011 Top Lawyers featured in Louisville Magazine
· Selected for the Kentucky Super Lawyers® List
· Listed in AM Best's Recommended Insurance Attorneys
· 2009 Gala Honorary Chair, JDRF Kentuckiana Chapter
· Served as Special Justice of the Kentucky Supreme Court by appointment of Kentucky Governor, June 2008
· Profiled in Business First article, July 28, 2006
· Judicial Clerkship, New Mexico Supreme Court, 1992-1994
Experience
Appellate Counsel in High Profile Litigation Involving Personal Guaranties on Failed Real Estate Construction Loans
Liquidator of Kentucky Central Life Insurance Company
Secured reversal of trial court's order denying the enforceability of over $100 million in personal guaranties owed to client, as well as reversal of $ 1 million in discovery sanctions imposed by the trial court against our client and its former law firm.
Recovery of Substantial Funds in Commercial Transaction, Breach of Contract
Liquidator of Kentucky Central Life Insurance Company
Served as lead counsel to the Liquidator of KCL in extensive litigation against the Bank of Louisville involving a series of complex commercial transactions and claims for breach of contract through the course of summary judgment proceedings, settlement negotiations, and mediation. Settled case to recover $27 million payment to client.
Defense of Toxic Tort and Environmental Action
Bulk Terminals PRP Group (consisting of 40 major manufacturers)
Successfully defended several manufacturers in toxic tort litigation and continue to serve as common counsel to over 40 potentially responsible parties (PRPs) to defend claims for alleged groundwater contamination asserted against Group by Kentucky Energy and Environment Cabinet.
Defense of Toxic Tort Lawsuits
Cooper Industries, Inc.
Worked on defense team of Fortune 300 company in toxic tort cases of national importance regarding eastern Kentucky Superfund site. Briefing resulted in complete dismissals in reported case of Blanton v. Cooper Industries, Inc., 99 F.Supp.2d 797 (E.D. Ky. 2000), and Luttrell v. Cooper Industries, Inc., 60 F.Supp.2d 629 (E.D. Ky. 1998).
Secured Final Dismissal in Lawsuits Against Former Kentucky Commissioners of Insurance
Liquidator of Kentucky Central Life Insurance Company
Defended former officers of the Liquidator of Kentucky Central Life Insurance Company in lawsuits filed against them personally seeking punitive damages for breach of fiduciary duty and wrongful use of civil proceedings.
Appellate Counsel to Kentucky Bankers Association on Issue of State Agency's Statutory and Regulatory Authority
Home Federal Savings & Loan Association
Represented nominal party on behalf of interests of Kentucky Bankers Association before Kentucky Supreme Court regarding scope of authority of Kentucky Department of Financial Institutions to grant geographic charters to state credit unions.
Appellate Counsel in FELA Action
CSX Transportation, Inc.
Successfully litigated appeal in FELA action, protecting defense verdict at trial. Appeal involved numerous evidentiary issues, including regarding proper scope, subject, and admissibility of fact witness and expert testimony.
Defense of Asbestos Litigation for Past 17 Years
Metropolitan Life Insurance Company
Defend all lawsuits filed against Metropolitan Life Insurance Company in Kentucky based upon its alleged fraudulent concealment of the harmful effects of asbestos in the 1920s and 1930s.
Appellate Counsel to Manufacturer in Precedent-Setting Case Regarding Scope of Manufacturer's Liability Under Doctrine of Equitable Estoppel
Fluke Corporation
Successfully defended equipment manufacturer through appeal, establishing significant favorable precedent in products liability law in Kentucky regarding application of doctrine of equitable estoppel and statute of limitations discovery rule.
Presentations
October 1, 2011, "The Essentials of Persuasive Writing," Dinsmore Professional Development Committee Seminar, Cincinnati, Ohio
June 2009, "Securitization of Life Insurance," American Law Firm Association International (ALFA) Insurance Practice Group, Round Table Client Seminar, New York, NY
May 2008, "Avoiding Legal Malpractice," Fayette County Bar Association Annual Ethics CLE, Lexington, KY
March 6-9, 2008, "Trading in Death: What You Need to Know About the New Secondary Market for Life Insurance Policies Created by Institutional Investors," ALFA 2008 International Client Seminar, Key Biscayne, FL
May 2007, "How To Win the Big Case," National Annual Conference of the Life Insurers Council (LIC), a division of LOMA, Miami, FL
September 7-8, 2006, "Bracing for the Next One: Catastrophic Losses- Lessons Learned by Insurance Industry," American Law Firm Association International (ALFA) Insurance Practice Group Client Seminar, Program Coordinator, Chicago, IL
June 4-6, 2005, "Confronting the Pulse of Change," American Law Firm Association International (ALFA) Insurance Practice Group, Round Table Client Seminar, Program Chair, New York, NY
2004-2006, "Woodward, Hobson & Fulton, LLP Associate Training Program," Lectures on Persuasive Legal Writing and Practice Management
June 12, 1998, "Recent Developments ill Kentucky's Law of Punitive Damages" and "Pitfalls for the New Litigator: Holding Your Ground in Depositions," Continuing Legal Education Seminar (Litigation Section), Louisville, KY
June 12, 1998, "Recent Developments in Kentucky's Law of Punitive Damages" and "Pitfalls for the New Litigator: Holding Your Ground in Depositions," Louisville Bar Association (LBA), Litigation Section, Continuing Legal Education Seminar
1997-98, Substitute instructor for Trial Advocacy course, University of Louisville Brandeis School of Law, Louisville, KY