Our Business Litigation Practice

Montague Law conducts thorough risk assessments to identify potential vulnerabilities and develop practical, preemptive litigation strategies that mitigate legal exposure and put you in an optimal position to resolve business disputes favorably.

Our litigation experience covers various business functions and industry types, from contract disputes for small businesses to sophisticated commercial conflicts and corporate litigation. Beyond practical litigation skills, we offer strategic counsel on dispute resolution methods to mitigate risks, sidestep potential pitfalls, and fortify your business against future challenges.

Contract Litigation

We are deeply experienced in resolving contract disputes, including through non-litigation approaches and litigation. We focus on achieving outcomes that align with your objectives while minimizing disruption to your operations.

Intra-Company Litigation

We represent company owners and members in a wide range of intra-company litigation matters, from partner and member disputes in partnerships and LLCs to corporate governance matters in corporations. Our goal is to protect your organization’s interests and resolve conflicts in a manner that supports long-term success.

Business Competition Disputes

Montague Law represents businesses in litigation related to unfair trade practices and anti-competitive behavior in the marketplace. We focus on securing outcomes that uphold market fairness while protecting your competitive standing.

Our Practice Areas

All Practice Areas

Litigation Experience

The following is a representative list of business litigation matters involving various industries in which Will Montague has served as lead counsel for his client or otherwise played a significant role in the litigation on behalf of his client.

General business litigation

Budsgunshop.com, LLC v. Security Safe Outlet, Inc., et al, U.S. Dist. Ct., E.D. Ky., 5:10-cv-00390-KSF (lead counsel representation of nation’s largest independent online retailer of firearms in fiduciary duty litigation with competitor and former employee)

Wellbore Limited v. Buckman Jet Drilling, Inc., U.S. Dist. Ct., W.D.Ky., Case No. 1:16-cv-00044 (lead counsel representation of foreign entity in litigation regarding sale of drilling tools and patent rights)

Red Oak Group, LLC v. TA Operating LLC, Fayette Circuit Court, KY, Case No. 17-CI-01017 (lead counsel representation of plaintiff Red Oak in contract dispute regarding placement of video monitors in defendant’s gas pumps)

Truck and Auto v. Anderson, et al, U.S. Dist. Ct., E.D.Ky., Case No. 5:19-cv-00280 (lead counsel representation of plaintiff Truck & Auto in litigation arising from the sale of an auto parts business)

NFINITYLINK Communications, Inc. v. City of Monticello, Kentucky, et al, U.S. Dist. Ct., E.D.Ky., Case No. 6:20-cv-00208 (co-counsel representation of plaintiff in antitrust suit)

All American Calendars, LLC v. County Courthouse Magnet Service, Inc., Hamblen County Chancery Court, TN, Case No. 2021-CV-0013 (co-counsel representation of respondent/counter-plaintiff in joint venture dispute)

G&W Construction Co., Inc. v. Integrated Fiber Services, LLC, Morgan Circuit Court, KY, Case No. 22-CI-00079 (lead counsel representation of directional drilling company in dispute with an intermediate contractor)

Giovanni’s Franchise Systems, Inc. v. GET Enterprises Inc., et al, U.S. Dist. Ct., E.D.Ky., Case No. 5:23-cv-00034 (lead counsel representation of defendant in franchise dispute)

Information Technology Industry litigation

Lexmark International, Inc. v. Dialer & Business Electronics Co. Ltd., et al., U.S. Dist. Ct., E.D. Ky., 5:98-cv-00215-KSF (representation of plaintiff Lexmark in contract action against Taiwanese electronics company)

Lexmark International, Inc. v. Play Industries, U.S. Dist. Ct., E.D. Ky., 5:99-cv-00168-HRW; Play Industries v. Lexmark Int’l Inc., U.S. Dist. Ct., E.D. Calif., Case No. 99 CV 932 (lead counsel representation of Lexmark in product development litigation pending in multiple forums)

Integrated Circuit Systems, Inc. v. Lexmark International, Inc., Fayette Circuit Court, Case No. 99-CI-1018 (lead counsel representation of defendant Lexmark in contract litigation)

Lexmark International, Inc. v. Grey Advertising, Inc., Fayette Circuit Court, Civil Action No. 00-CI-2533 (lead counsel representation of plaintiff Lexmark in advertising contract litigation)

Lexmark International, Inc. v. NDC Systems, L.P., et al., U.S. Dist. Ct., E.D. Ky., Case No. 5:01-cv-00154-KSF (lead counsel representation of plaintiff Lexmark in computer systems contract litigation)

Ashwood Computer Co., Inc. v. Bluegrass Area Development District, U.S. Dist. Ct., S.D.Ohio, Case No. 1:15-cv-00618 (representation of defendant in litigation concerning software development agreement)

Art Litigation

Meatyard v. Greene, Fayette Circuit Court, Case No. 03-CI-1161 (representation of defendant in litigation regarding ownership of famous photographer’s original prints)

Brubaker v. Design Team, Inc. et al., U.S. Dist. Ct., E.D. Ky., 5:03-cv-00449 (co-counsel representation of plaintiff artist in copyright litigation)

Wear v. Guess?, Inc. et al., U.S. Dist. Ct., E.D. Ky., 5:04-cv-00140-KSF (co-counsel representation of plaintiff artist in copyright litigation)

Kasper v. Hobby Lobby Stores, Inc., U.S. Dist. Ct., E.D. Ky., 5:07-cv-00327-KSF; Kasper v. Crafts, Etc!, Ltd., U.S. Dist. Ct., E.D. Ky., 5:07-cv-00386-KSF (lead counsel representation of national home decor businesses against artist’s copyright claims in related cases)

The Bandana Co., Inc. v. Cracker Barrel Old Country Store, Inc. et al, U.S. Dist. Ct., W.D.Ky., Case No. 3:15-cv-00855 (representation of defendant Cracker Barrel in copyright infringement action concerning artwork sold by defendants)

Banking and Financial Services Industry litigation

Peoples Bank & Trust Company of Madison County v. The Aetna Casualty & Surety Company, U.S. Dist. Ct., E.D. Ky., Case No. 94-73 (representation of plaintiff bank seeking insurance coverage for losses occasioned by insider fraud)

Caja Ahorros y Monte de Piedad de Gipuzkoa y San Sebastian v. North American Stainless, U.S. Dist. Ct., E. D. Ky., Case No. 3:96-cv-00091-JMH (representation of Spanish bank in international banking litigation)

First National Bank & Trust Co. v. Brant, et al., U.S. Ct. App., 6th Cir., Case No. 03-5533 (lead counsel appellate representation of plaintiff bank in wire transfer litigation)

Health Care Industry litigation

The Commonwealth of Kentucky and The University of Louisville v. Columbia/HCA Healthcare Corporation, Franklin Circuit Court, Case No. 95-CI-1891 (representation of Commonwealth of Kentucky and University of Louisville Hospital in medical industry litigation and related arbitration)

T.J. Samson Community Hospital, et al. v. Southeastern United Medigroup, Inc., d/b/a Anthem Blue Cross and Blue Shield, et al., Barren Circuit Court, Case No. 97-CI-00047 (representation of defendant Anthem Blue Cross in multi-million dollar class action claims asserted by hospitals regarding medical cost reimbursement claims)

Bankruptcy and Insurance Liquidation litigation

Phoenix Corporation, f/k/a Calumet Farm, Inc. v. Casty, U.S. Bankr. Ct., E.D. Ky., Adversary No. 93-5078 (representation of defendant in complex bankruptcy preference action)

George Nichols, Liquidator for Kentucky Central Life Ins. Co. v. ABN AMRO Bank N.V., et al., Franklin Circuit Court, Case No.: 93-CI-196-AP-004; In Re: Stephens v. ABN Amro Bank N.V., et al., U.S. Dist. Ct., E.D. Ky., 3:94-cv-00061-JMH (representation of defendant entity owned by Merrill Lynch in complex insurance liquidation adversary proceeding and related federal court action involving claims)

AMCI Coal Sales, Inc. v. Mountain Mineral Coal Sales, Inc., et al., U.S. Bankr. Ct., E.D. Ky., Adversary No. 96-7003 (representation of plaintiff in bankruptcy adversary proceeding)

Bank One, Kentucky, NA, v. NationsBank of Texas, NA, U.S. Bankr. Ct., E.D. Ky., Adversary No. 96-02058-WSH (representation of plaintiff BankOne seeking declaration of rights in bankruptcy adversary proceeding)

Alminco, Inc. v. Bravo International Supply, U.S. Bankruptcy Ct., E.D. Ky., Adversary No. 99-5003 (representation of plaintiff in bankruptcy adversary proceeding)

In Re: Russell Cave Company, Inc., f/k/a The J. Peterman Company, U.S. Bankr. Ct., E.D. Ky, Case No. 99-50142 (representation of Chapter 11 debtor in various bankruptcy matters involving debtor’s nationwide retail operations)

Technologies International Holdings, Inc. et al., v. Commonwealth of Kentucky, et al., U.S. Bankr. Ct., E.D. Ky., Adversary No. 99-05074-wsh (representation of intervening plaintiff BankOne in bankruptcy adversary proceeding to protect major security interest)

Appalachian Regional Healthcare, Inc., et al., v. Turner, et al., Franklin Circuit Court, Case No. 05-CI-00344 (representation of defendant CEO of large workers compensation self-insured fund in litigation arising from insurance liquidation proceedings)

Equine Industry litigation

Keeneland Association, Inc. v. Hollendorfer, U.S. Dist. Ct., E.D. Ky., Case No. 96-466 (representation of plaintiff Keeneland in equine litigation)

Keeneland Association, Inc. v. Pegasus Bloodstock, USA, Inc., et al., U.S. Dist. Ct., E.D. Ky., Case No. 96-103 (representation of plaintiff Keeneland in equine litigation)

Domino Stud of Lexington, Inc. d/b/a North Ridge Farm v. Griffin, Fayette Circuit Court, No. 96-CI-2438 (representation of horse farm in boarding/lease dispute)

Kentucky Standardbred Sales Company, LLC v. Waxman, U.S. Dist. Ct., E.D. Ky., Case No. 96-546 (representation of plaintiff in equine litigation)