Dustin practices before state and federal trial courts and administrative tribunals. She has argued before the Kentucky Court of Appeals, the Kentucky Supreme Court and the US Courts of Appeals for the Sixth and Seventh Circuits on lender liability matters, employment discrimination and ERISA claims, commercial land planning disputes and insurance coverage matters. She has tried cases to a jury and conducted numerous administrative hearings, arbitration and injunctive relief hearings.
The primary area of Dustin’s current practice involves the representation of national banks and their subsidiaries in various areas including lender disputes, trust and estate litigation, employment discrimination and non-compete claims, executive compensation and ERISA matters and retail disputes.
In the healthcare arena, Dustin has represented multiple healthcare organizations in obtaining and in opposing certificates of need to develop medical centers. Dustin also maintains an extensive commercial litigation practice and works on employment matters for plaintiffs and defendants.
Super Lawyers®, 2009-2018
The Best Lawyers in America®, 2013-2019
Kentucky Super Lawyers® “The Top 25 Women,” 2012-2018
Best Lawyers® 2018 Louisville Litigation – Labor and Employment “Lawyer of the Year”
Best Lawyers® 2013 Louisville Litigation – Trust and Estates “Lawyer of the Year”
Dustin received her undergraduate degree from Transylvania University (BA, 1988) and her law school degree from the University of Louisville Louis D. Brandeis School of Law (JD, 1991).
- Work Highlights+
Some of Dustin’s recent work includes obtaining a summary judgment dismissing $10 million in potential claims against a national bank in a Kentucky federal court matter. In a second matter, Dustin used strategic discovery efforts and related litigation in Kentucky, Ohio, Illinois and Nevada to obtain dismissal of multimillion dollar lender liability claims against the bank, while also being awarded judgments against the debtors for more than $5.5 million, including attorneys’ fees and costs. In a third matter, Dustin successfully defended the bank in a substantial executive compensation arbitration, which prevented a series of similar claims involving more than $10 million in potential losses.
In the healthcare arena, Dustin has represented numerous healthcare organizations in obtaining and in opposing certificates of need to develop medical centers. In recent years, Dustin has successfully litigated and appealed matters permitting the development of two separate ambulatory surgery centers at a cost of over $100 million.
In general commercial litigation matters, Dustin has represented companies, individuals and family members in numerous disputes involving claims of breach of contract, breach of fiduciary duty and fraud, in addition to disputes seeking declaratory and equitable relief such as the appointment of a receiver.
In trust and estate matters, Dustin has represented and counseled institutional fiduciaries in matters involving from $100,000 to $30 million. Most recently, she was successful in helping defend two attempts by beneficiaries to remove firm clients as executor and trustee in separate matters involving millions of dollars.
Dustin also represents both plaintiffs and defendants in employment law matters. She has prosecuted and defended numerous temporary injunctions and restraining orders in connection with employee trade secret, fiduciary and non-compete matters, and recently obtained an injunction and contempt order against a former senior executive who was stealing company clients and business opportunities. Dustin has also prosecuted and defended claims of age, race, gender, disability and religious discrimination. For example, one of our clients retained Dustin after a trial court dismissal had been reversed by the Kentucky Court of Appeals. On discretionary review, the Kentucky Supreme Court reversed the decision in part and expressly adopted in Kentucky the sexual harassment affirmative defenses originally set out by the US Supreme Court Ellerth and Faragher decisions. Ultimately, Dustin was successful in obtaining dismissal on a renewed summary judgment motion.
- Community & Personal Activities+
Dustin serves on the Board of Directors of Lawyers Mutual Insurance Company of Kentucky, a professional liability insurer for many of Kentucky’s small and medium-size law firms. She is a past member of the Louis D. Brandeis American Inn of Court.
Dustin is married and has three sons.