Ilam Smith spent the first year of his legal career serving as a law clerk to a federal judge at the United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio. Since then he has represented both defendants and plaintiffs which has given him ample perspective and experience with cases from both sides. For more than 20 years he was an equity partner in a well established Louisville law firm. Prior to its recent merger with a competitor, Ilam represented one of the largest public waste management companies in a variety of business and tort litigation and multiforum litigation with significant success in both state and federal courts.
Among other highlights, Ilam has won significant awards for plaintiffs and significant victories for defendants. He has made significant recoveries for businesses and individuals who have been injured by the torts or commercial misconduct of others, including personal injuries, as well as substantial damages to property at plants, commercial equipment, software and other assets. He has years of products liability defense experience as well from asbestos lawsuits. In a recent decision, the U.S. Court of Appeals for the Sixth Circuit reversed a sizable judgment which the trial court had rendered against his client in an asbestos death case. Among other highlights, Ilam has successfully defended a broker sued by a law professor in breach of fiduciary and fraud litigation, obtaining a complete dismissal of the litigation, which was upheld on appeal. Ilam has defended other providers of professional services, including winning a dismissal of a multi-count Complaint against a law firm, one of its lawyers and a paralegal in federal court. Ilam has also been successful in defending trustees and others who have been sued on breach of fiduciary duty claims.
20 Sample Cases
- Young v. Lynch, Trustee, Martin Cohn Trust, Jeff. Cir. Ct. No. 11-CI-08158 (2011) Defense of Trustee in breach of fiduciary duty litigation in state court.
- Universal Linen Service, LLC v. Cherokee Chemical Co. Inc., No. 3:12-cv-238 (W.D. Ky. 2012) Representation of plaintiff’s business in products liability, breach of warranty, and negligent performance of service contract in federal court.
- Moeller v. Garlock Sealing Technologies, 660 F. 3d 950 (6th Cir. 2011) Defense of manufacturer in wrongful death toxic tort,asbestos products liability case in federal court.
- Guess? Brands v. Coast Midwest Transport, Pavco Trucking Co. and Lexington Insurance. Case no. 3:05SV773H (W.D. Ky. 2005). Representation of plaintiff retail clothing manufacturer in breach of contract, indemnity and insurance litigation against trucking company and surety in federal court.
- National Insurance Assn. v. Peach, 926 S.W.2d 859 (Ky. Ct. App. 2006) Representation of plaintiff decedent’s estate in wrongful death case and declaration of rights action under insurance policy in state court arising from fatal motor vehicular accident.
- Sanders v. Republic Services of Ky., LLC, 113 Fed. Appx. 648 (6th Cir. 2004) Defense of waste management company in multi-forum tort litigation in state and federal forums.
- Rutherford v. Likens Blomquist Law Firm et al, No. 6:10-cv- 00094 (E.D. KY. 2011). Defense of out of state law firm, lawyer and paralegal in multi-count tort and statutory action in federal court.
- Leonard Jaffee v. Davis, 2003 Ky. App. Unpub. LEXIS 700 (2003). Defense of real estate broker sued by law school professor in state court in breach of fiduciary duty and misrepresentation litigation.
- Epicor Software Corporation et al. v. Tube-Ice, LLC, 2001-CA-0137-MR (2001). Representation of plaintiff local business in products liability and breach of warranty damages action arising from defective software.
- Haystack Partners, LLC v. 732 Social, LLC, No. 10-C-016645F (2010) Representation of defendant’s business in commercial breach of lease and forcible detainer and eviction state court proceeding.
- Druin et al v. Louisville & Jefferson County Metropolitan Sewer District, 3:04-cv-00486-TBR (2003) Defense of utility in toxic pollution trespass, negligence and nuisance action by landowners in federal court.
- Beacon Enterprise Solutions Group, Inc. v. MDT Labor, LLC. , Case no. 3-12-759-H (W.D. Ky. 2013). Representation of plaintiff’s business in breach of buyout agreement and defense of misrepresentation claims in federal court.
- In re: Estate of Schuster, Jeff. Dist. Ct. 10P001332. (2010). Defense of Estate in lost will proceedings against claim of sole heir at law.
- In re: ODC Holdings, Jeff. Dist. Ct. 06-C-012275 (2006). Representation of company officers on priority employment contract severance claims in adversarial corporate dissolution proceedings.
- Republic Bank v. MacUniverse, LLC and Miller, Jeff. Cir. Ct. No. 09-CI-006565 (2009). Defense of breach of contract and foreclosure proceedings in state court against guarantor/investor in local business.
- Allen v. First American Title Co.et al; Jeff. Cir. Ct. No. 06CI09862 (2006). Representation of plaintiff against financial institutions and real estate broker for misrepresentation and statutory violations in state court.
- Hudock v. Jewel Land Investors, LLC, Horizon Investments, LLC Jeff. Cir. Ct. No. 08CI-013477 (2008). Representation of plaintiff in brain injury premises liability litigation arising from accident in shopping center in state court.
- McAtee v. Wesley, Jeff. Cir. Ct. No. 11CI05987 (2011). Representation of plaintiff in partnership litigation related to investment real estate in state court.
- Mattingly & Sons, Inc. v. Incredible Dave’s, LLC. Jeff. Cir. Ct. No. 09-CI-01298 (2009). Defense of breach of contract action against local business in state court.
- Com. Rev. Cabinet v. Cope, 875 sw2d 87 (Ky. 1994), cert. denied 513 U.S. 931. Defense of revenue cabinet from class action in state court seeking more than $100 million in tax refunds.
- A T & T v. Darwin Networks, (N.D. Delaware 2002), Defense of breach of contract action asserted by A T & T in adversarial bankruptcy action.
U.S. District Court, Eastern and Western Districts of Kentucky
U.S. District Court, Southern District of Indiana
U.S. Court of Appeals, Sixth Circuit
Various Other US District Courts
Member, Louisville and Kentucky Bar Associations
B.A. Denison University, Granville, Ohio, 1980
J.D. University of Kentucky College of Law, 1985