Christopher L. Thacker Email Christopher Thacker
Christopher's practice is focused on Business Litigation—including Business Torts, Banking Litigation, Land Use, Antitrust, Trade Regulation & Franchise, Intellectual Property, Civil Rights and Negligence Litigation. He has represented individuals and businesses—from family-run “mom and pop” businesses to Fortune 500 companies—in venues ranging from state district court to the U.S. Supreme Court. Immediately after law school, he served as a law clerk to the Honorable John M. Rogers of the United States Court of Appeals for the Sixth Circuit. Christopher is a graduate of Yale College and the University of Kentucky College of Law, where he was a member of the Moot Court National Team, the Kentucky Law Journal and the Honor Council. Before attending law school, he worked at the Heritage Foundation in Washington D.C. and was Executive Director of the Bible Literacy Project, an educational non-profit. Christopher formerly served as Chair of the Kentucky Executive Branch Ethics Commission. He has also served as a Special Justice on the Kentucky Supreme Court. Christopher currently serves as a member of the Winchester/Clark County Planning Commission. A father of five, Christopher is active in the Regina Pacis Chaplaincy of the Diocese of Lexington. |
P: 859.225.5240 | View Full Bio Practice Areas |
Civic & Professional Involvement• Immediate Past President, Central Kentucky Lawyers Chapter of the Federalist Society for Law and Public Policy
• Two terms Kentucky Advisory Committee to the U.S. Commission on Civil Rights • Kentucky Executive Branch Ethics Committee • Yale Alumni Schools Committee • Kentucky Bar Association • Fayette County Bar Association |
Bar & Court Admissions• United States Supreme Court
• Kentucky Supreme Court (all Kentucky Courts) • US Court of Appeals, 6th Circuit • US District Courts, Eastern & Western Dist. of KY |
Education• J.D., University of Kentucky College of Law • B.A., Yale University |
Notable Cases
BANKING
• Hidden Creek, et al. v. Fifth Third, Fayette Circuit Court Civil Action No. 11-CI-3354, Court of Appeals Case No. 2013-CA-000530 (obtained summary judgments against defaulting real estate developers totaling in excess of $17 million for bank on commercial loans, personal guaranties, and lender liability counterclaim; appeal dismissed as settled)
• Corbin Bingo Parlor, LCC, et al. v. Whitaker Bank, Inc., Fayette Circuit Court No. 11-CI-02745, Court of Appeals Case No. 2012-CA-000183 (obtained change of venue of lender liability claims from Laurel Circuit Court to Fayette Circuit Court and obtained summary judgment in favor of bank on lender liability claims, summary judgment of $852,193.55 on note & commercial mortgage against LLC and guarantors; appeal dismissed as settled)
• Whitaker Bank, Inc. v. Montgomery Real Estate Holdings, Inc., et al., Wolfe Circuit Court 12-CI-00100, Court of Appeals Case 2013-CA-001367 (summary judgment regarding bank’s rights to proceeds of an insurance policy for damages to real property while sale was pending affirmed).
CORPORATIONS/LIMITED LIABILITY
• Pannell v. Shannon, 425 S.W.3d 58 (Ky. March 20, 2014). Successfully represented defendant in this case from summary judgment before the Fayette Circuit Court through oral argument before the Kentucky Supreme Court. Arising from a commercial lease dispute, the case involved complex analysis of contract law, statutory interpretation, and the place of LLCs in Kentucky law, and resulted in a significant published opinion providing guidance on the application of the limited liability shield to administratively dissolved entities.
LANDLORD/TENANT
• Wildcat Property Management, LLC v. Franzen, Court of Appeals Case No. 2014-CA-000964. Appeals Court vacated and remanded a Fayette Circuit Court decision that had granted partial summary judgment in favor of student tenants and their parent guarantors. Ruling for our client, the Court of Appeals reversed the lower court’s decision that residential lease at issue was void and unenforceable, and directed entry of summary judgment for landlord.
PATENT INFRINGEMENT, FALSE ADVERTISEMENT & ANTITRUST
• Lexmark International, Inc. v. , Static Control Components, Inc., 134 S Ct 1377 (2014) (and multiple lower court decisions). Drafted appellate briefs in this multi-party, complex litigation involved Lexmark, a major provider of printing and imaging products and services. Lexmark asserted claims for, among other things, patent infringement and inducement to commit patent infringement. Lead opposing party, Static Control Components, asserted claims against Lexmark for, among other things, antitrust violations under the Sherman Act and Clayton Act and false advertising claims under the Lanham Act. Lexmark obtained dismissal of the Sherman Act and Clayton Act antitrust claims and a favorable ruling upholding Lexmark’s single-use restriction on its printer cartridges under the Uniform Commercial Code. The United States Supreme Court granted Lexmark’s petition for writ of certiorari to resolve a circuit split on the proper test for standing to assert Lanham Act false advertising claims.
STATUTORY INTERPRETATION/CONSTITUTIONAL LAW
• Appalachian Racing, LLC v. Family Trust Found. of Ky., Inc., 423 S.W. 3d 726 (Ky. 2014). Represented multiple racing associations in litigation regarding the legality of regulations of the Kentucky Horse Racing Commission for licensing of pari-mutuel wagering on historical horse racing. Received declaratory judgment action in Franklin Circuit Court through the favorable Supreme Court Opinion finding that regulations were “a valid and lawful exercise of the Commission’s authority.”
• Erwin W. Lewis, et al v. Todd Hollenbach, IV, et al., Franklin Circuit Court Civil Action No. 08-CI-1094, Kentucky Supreme Court No. 2009-SC-000164. Represented Kentucky Executive Branch in litigation involving constitutionality of DPA funding and legality of proposed Service Reduction Plan. DPA’s action dismissed as unripe in trial court, and dismissal of subsequent of appeal as moot in light of subsequent budget changes.
TRADEMARK INFRINGEMENT
• Staxx BBQ LLC, et al. v. Thomas Walters, Case No. 12-71-GFVT (E.D. Ky.) Represented Staxx BBQ, a central Kentucky restaurant, in a trademark infringement case against a former employee who alleged an ownership interest in the restaurant and trademarks.
• Hidden Creek, et al. v. Fifth Third, Fayette Circuit Court Civil Action No. 11-CI-3354, Court of Appeals Case No. 2013-CA-000530 (obtained summary judgments against defaulting real estate developers totaling in excess of $17 million for bank on commercial loans, personal guaranties, and lender liability counterclaim; appeal dismissed as settled)
• Corbin Bingo Parlor, LCC, et al. v. Whitaker Bank, Inc., Fayette Circuit Court No. 11-CI-02745, Court of Appeals Case No. 2012-CA-000183 (obtained change of venue of lender liability claims from Laurel Circuit Court to Fayette Circuit Court and obtained summary judgment in favor of bank on lender liability claims, summary judgment of $852,193.55 on note & commercial mortgage against LLC and guarantors; appeal dismissed as settled)
• Whitaker Bank, Inc. v. Montgomery Real Estate Holdings, Inc., et al., Wolfe Circuit Court 12-CI-00100, Court of Appeals Case 2013-CA-001367 (summary judgment regarding bank’s rights to proceeds of an insurance policy for damages to real property while sale was pending affirmed).
CORPORATIONS/LIMITED LIABILITY
• Pannell v. Shannon, 425 S.W.3d 58 (Ky. March 20, 2014). Successfully represented defendant in this case from summary judgment before the Fayette Circuit Court through oral argument before the Kentucky Supreme Court. Arising from a commercial lease dispute, the case involved complex analysis of contract law, statutory interpretation, and the place of LLCs in Kentucky law, and resulted in a significant published opinion providing guidance on the application of the limited liability shield to administratively dissolved entities.
LANDLORD/TENANT
• Wildcat Property Management, LLC v. Franzen, Court of Appeals Case No. 2014-CA-000964. Appeals Court vacated and remanded a Fayette Circuit Court decision that had granted partial summary judgment in favor of student tenants and their parent guarantors. Ruling for our client, the Court of Appeals reversed the lower court’s decision that residential lease at issue was void and unenforceable, and directed entry of summary judgment for landlord.
PATENT INFRINGEMENT, FALSE ADVERTISEMENT & ANTITRUST
• Lexmark International, Inc. v. , Static Control Components, Inc., 134 S Ct 1377 (2014) (and multiple lower court decisions). Drafted appellate briefs in this multi-party, complex litigation involved Lexmark, a major provider of printing and imaging products and services. Lexmark asserted claims for, among other things, patent infringement and inducement to commit patent infringement. Lead opposing party, Static Control Components, asserted claims against Lexmark for, among other things, antitrust violations under the Sherman Act and Clayton Act and false advertising claims under the Lanham Act. Lexmark obtained dismissal of the Sherman Act and Clayton Act antitrust claims and a favorable ruling upholding Lexmark’s single-use restriction on its printer cartridges under the Uniform Commercial Code. The United States Supreme Court granted Lexmark’s petition for writ of certiorari to resolve a circuit split on the proper test for standing to assert Lanham Act false advertising claims.
STATUTORY INTERPRETATION/CONSTITUTIONAL LAW
• Appalachian Racing, LLC v. Family Trust Found. of Ky., Inc., 423 S.W. 3d 726 (Ky. 2014). Represented multiple racing associations in litigation regarding the legality of regulations of the Kentucky Horse Racing Commission for licensing of pari-mutuel wagering on historical horse racing. Received declaratory judgment action in Franklin Circuit Court through the favorable Supreme Court Opinion finding that regulations were “a valid and lawful exercise of the Commission’s authority.”
• Erwin W. Lewis, et al v. Todd Hollenbach, IV, et al., Franklin Circuit Court Civil Action No. 08-CI-1094, Kentucky Supreme Court No. 2009-SC-000164. Represented Kentucky Executive Branch in litigation involving constitutionality of DPA funding and legality of proposed Service Reduction Plan. DPA’s action dismissed as unripe in trial court, and dismissal of subsequent of appeal as moot in light of subsequent budget changes.
TRADEMARK INFRINGEMENT
• Staxx BBQ LLC, et al. v. Thomas Walters, Case No. 12-71-GFVT (E.D. Ky.) Represented Staxx BBQ, a central Kentucky restaurant, in a trademark infringement case against a former employee who alleged an ownership interest in the restaurant and trademarks.