Mindy Barfield is a Partner in the Litigation Department. Mindy practices in the area of complex commercial litigation, with a focus on defending businesses in contract-related and business torts litigation; litigation of coal-related disputes; and complex insurance coverage and bad faith litigation. Her practice includes the litigation of disputes arising from commercial contracts, including coal supply contracts between coal companies and/or with electric utilities; coal leases between mineral owners and coal or mining companies; loans, mortgages and guarantees; vendor contracts; joint venture contracts; licenses; franchise agreements; employment agreements; and independent contractor agreements. Mindy also defends clients in cases involving breach of fiduciary duty; fraud; misrepresentation; conversion; and interference with a contractual relationship or prospective advantage.
Memberships & Affiliations
· Kentucky Bar Association, Publications Committee, Chair Annual Convention, 2011; Member, Annual Convention Committee, 2010; CLE Committee for 2008 KBA Convention
· Kentucky State University, Board of Regents
· Kentucky Supreme Court, Committee on Mass Tort Litigation and Class Action
· Fayette County Bar Association, Past President
· Fayette County Bar Foundation, Grants Committee Chair and Founding Fellow
· Fayette County Pro Bono, Board of Directors
· Gods Pantry Food Bank, Past President of Board of Directors, Strategic Planning Committee
· Faith Pharmacy, Chair of Advisory Board
· Transylvania University, Board of Trustees
Distinctions
· Peer Review Rated AV in Martindale-Hubbell
· Listed in The Best Lawyers in America®
· Kentucky Outstanding Young Lawyer Award (2002)
· Leadership Kentucky, Class of 2002
· Fayette County Outstanding Young Lawyer Award (1999)
· Selected for the Kentucky Super Lawyers® List
· Named a "Future Star" in Benchmark Litigation
· Special Justice, Kentucky Supreme Court
· "The Consummate Counselor award," from Gods Pantry Food Bank "for lending her legal advice and leadership to the organization on countless occasions."
· Named one of the Leading Women of Central Kentucky by Business Lexington
Experience
Anonymous Plaintiffs v. Large National Coal Company
Large National Coal Company
Declaratory judgment suit involving claims of breach of contract, fraud, misrepresentation, and tortious interference with contract
Rita Waldridge v. Feather, Inc.
Feather, Inc.
Defense of suit alleging sexual harassment, retaliation, and constructive discharge.
Solutia Inc. v. FMC Corporation
Solutia Inc.
Suit for a specialty chemicals company involving claims in excess of $300 million for breach of a joint venture contract, fraud, misrepresentation and breach of fiduciary duty
Kentucky Employers Mutual Insurance Co. v. Coleman
Kentucky Mutual Employers Insurance Company
Suit involving claims of fraud, misrepresentation and bad faith
Linda Brown v. Large National Insurance Company
Large National Insurance Company
Defense of claim for alleged disability discrimination and wrongful discharge
Naugle v. Large National Insurance Company
Large National Insurance Company
Claims under the Kentucky Unfair Claims Settlement Practices Act
Theresa Russell v. Jewish Hospital
Jewish Hospital
Defence of claims involving wrongful discharge.
Traveler Coal LLC, Barry Kevin Hall, et al. v. Prospect Capital Corporation, North Fork Colleries LLC and Community Trust Bank, et al.
Kevin Hall
Breach of contract and business torts
U.S. v. Mid-America Mining
Mid-America Mining
Defense of claims alleging wrongful termination.
Sue Spencer v. Feather, Inc.
Feather, Inc.
Jury Trial on behalf of defendant in a suit alleging sexual harassment.
Terry Robbins v. The Hope Center
The Hope Center
Defense of civil action and claims of retaliation and threats
The Estate of Sarah Howard v. Large National Insurance Company
Large National Insurance Company
Defense of suit alleging violation of Family and Medical Leave (FMLA), retaliation, and violation of the Americans for Disabilities Act.
Cook Pallet, Inc. v. Meritor Heavy Vehicle Systems, LLC
Meritor Heavy Vehicle Systems, LLC
Defense of suit alleging breach of contract
Douglas Industries, Inc. and JAIR United, Inc. v. Lear Siegler Services, Inc.
Lear Siegler Services, Inc.
Defense of claims involving alleged breach of contract and unjust enrichment
Gary Parks v. Large National Insurance Company
Large National Insurance Company
Defense of claims involving alleged defamation.
Large National Coal Company v. Power Producer
Large National Coal Company
Declaratory judgment suit involving claims of breach of contract
Big Sandy Company, L.P. v. Sidney Coal Company and Cliffs Mining
Big Sandy Company, L.P.
Breach of contract
Christine Skidmore v. Affordable Denture Laboratories
Affordable Denture Laboratories
Defended claims of wrongful discharge, sexual harassment and a hostile work environment
Jaguar Cars, Inc. v. Kentucky Motor Vehicles Commission
Jaguar Cars, Inc.
Declaratory judgment
Jeff Mason v. Southern States Cooperative, Inc.
Southern States Cooperative, Inc.
Defense of suit alleging usury and breach of contract
Joan Fain v. Host Communications
Host Communications
Defended claims of gender discrimination, including threats and physical assault from a supervisor
Geneva Hager v. Large National Insurance Company
Large National Insurance Company
Defense of suit involving alleged violation of the Kentucky Unfair Claims Settlement Practices Act
Host Communications, Inc. v. Sprint Communications, Inc.
Host Communications, Inc.
Declaratory judgment action involving claim of breach of contract
Jaguar Cars, Inc. v. Blackhorse Motors
Jaguar Cars, Inc.
Defense of fraud, RICO and breach of contract claims
Publications
October 16, 2009, Innocent Insured: Are You Protected?
September 2009, "Use of Evidence in Opening Statement: the Most Dangerous Weapon in a Litigator's Arsenal," For the Defense Magazine (DRI)
January 1, 2008, Inside the Minds: Insurance Law Settlements and Negotiations (Aspatore Books)
August 23, 2007, Kentucky Employers Mutual Ins. Co. v. Coleman, 236 S.W.3d 9 (Ky. 2007)
June 12, 2003, Naugle v. Large National Insurance Company., 2003 WL 21774012 (6th Cir. 2003)
May 16, 2002, Author, Kentucky Submission for 50-State Compendium on Discoverability of Coverage Opinions, Defense Research Institute
March 26, 1999, Jaguar Cars v. Cottrell, 1999 WL 34749489 (6th Cir. 1999)
October 12, 1996, "Sculimbrene v. Paul Revere Ins. Co. 925 F.Supp. 505 (E.D. Ky. 1996)
Presentations
June 5, 2002, "Discovery of Attorney-Client Communications and Work Product in Bad Faith Actions," Kentucky Association of Trial Attorneys