Overview

Kelly is a shareholder in Reminger’s Fort Mitchell office. He practices in all areas of civil litigation and primarily concentrates his practice on representing blasting, construction, mining, and transportation companies in both state and federal courts. Kelly is an involved member of industry organizations, including the International Society of Explosives Engineers (ISEE), and is ISEE-certified. Working with some of the best in the blasting industry, Kelly has developed a technical proficiency that enables him to better represent clients. He is familiar with blasting procedures and regulations, understands the scientific principles involved, and is able to read and understand shot reports and seismograph readings. As a result, he is able to accurately assess potential exposure, to communicate more effectively with clients, regulators, and consultants, and to establish credibility with jurors.

Kelly has substantial experience defending clients in lawsuits concerning various claims, including construction defect claims, property damage claims; multi-property claims concerning quarry, surface mining, and construction operations; water well claims; landslide and subsidence claims; personal injury and wrongful death cases, and insurance coverage matters . He has tried several cases to verdict, mediated hundreds of claims, and represented clients in administrative proceedings before federal and state regulatory agencies. He also counsels clients and regularly presents to industry groups around the country on risk management and liability prevention practices, from implementing standard operating procedures and proper record-keeping, to responding to citizen complaints and investigating claims and accidents.

Kelly’s practice and litigation experience also includes defending motor carriers and drivers against wrongful death and personal injury claims as well as numerous companies in the aviation industry. Before joining Reminger, Kelly was a partner at a prominent civil defense firm in Cincinnati.

Representative Experience

  • Shepherd v. Dyno Nobel, Inc., Floyd County, Ky. Circuit Court No. 12-CI-488: Defense verdict at jury trial of plaintiff’s claims alleging damage to her home and water well from mining and blasting operations. (2016)
  • Ortiz v. Oxford Mining Co., Muhlenberg County, Ky. Circuit Court No. 13-CI-00012: Directed verdict in favor of defendants at jury trial of plaintiffs’ claims alleging property damage from nearby mining and blasting operations. (2015)
  • Anderson v. Armstrong Coal Co., Muhlenberg County, Ky. Circuit Court No. 13-CI-199: Jury trial of plaintiff’s claims alleging property damage from nearby mining and blasting operations that resulted in a hung jury. The case subsequently settled for a nuisance amount significantly less than the pre-trial demand. (2015)
  • Successfully defended a blasting client and construction client from claims arising from a road construction project in eastern Kentucky that involved more than 60 residential properties and a local school. (2015)
  • Won dismissal of administrative citations and notices of noncompliance by Kentucky Department of Mine Reclamation and Enforcement and the Kentucky Explosives and Blasting Branch against two blasting clients for alleged violations of Kentucky blasting laws and regulations. (2015)
  • Hurley v. Pompey Coal Corp. & Virginia Drilling Co., LLC, Pike County, Ky. Circuit Court No. 09-CI-00212: Defense verdict at jury trial of a plaintiff’s claims alleging property damage and loss of enjoyment and use of his property from blasting. (2011)
  • Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court. (2019).

Community & Professional

International Society of Explosives Engineers (ISEE)
-Member and ISEE certified in Practical Blasting Fundamentals

ISEE Bluegrass Chapter
-Member

Kentucky Crushed Stone Association (KCSA)
-Member, Health, Safety & Environment Committee Member

Kentucky, Ohio State, Northern Kentucky, Tennessee, and Cincinnati Bar Associations

Specialized Training:

Practical Blasting Fundamentals ISEE Certification

National Institute for Trial Advocacy Trial Advocacy Institute

Trucking Industry Defense Association Cargo & Skills Course Seminars

News

Speaking Engagements

  • Multiple Issues Concerning Blasting Operations and Litigation
    Lexington, KY, Dec 6, 2019
  • Blasting Liability: What Your Insurance Company Wants You to Know.
    Lexington, KY, Dec 5, 2019
  • Managing the Scene of an Accident
    Lexington, KY, Jan 2019
  • Managing the Scene of an Accident
    Charleston, WV, Nov 2018
  • Risk Management in Blasting Operations: Lessons Learned the Hard Way, Mine Safety and Health Administration (MSHA)
    Beckley, WV, Jan 2018
  • Risk Management in Blasting Operations: Lessons Learned the Hard Way
    San Antonio, TX, Jan 2018
  • Responding to the Inevitable Blast Complaint
    Lexington, KY, Dec 2017
  • Insurance Claims and How You Can Impact Your Exposure
    State College, PA, Nov 2017
  • Protection from Liability: Before, During & After Detonation
    Louisville, KY, Mar 2017
  • Protection from Liability: Before, During & After Detonation
    Springfield, IL, Feb 23, 2017
  • Blasting Complaints: What to Do (and NOT Do) in Response to Complaints
    Lexington, KY, Dec 9, 2016
  • Protection from Liability: Before, During & After Detonation
    Indianapolis, IN, Spring 2016
  • Protection from Liability: Before, During & After Detonation
    Las Vegas, NV, Feb 3, 2016
  • Protecting Yourself from Liability: Before, During & After the Shot
    Beckley, WV, Dec 2015
  • Protecting Yourself from Liability: Before, During & After the Shot
    State College, PA, Nov 2015
  • Protecting Yourself from Liability: Before, During & After the Shot
    Marion, IN, Aug 2015
  • Protecting Yourself from Liability: Before, During & After the Shot
    Charleston, WV, Spring 2015
  • Investigating & Defending Property Damage Claims
    Charleston, WV, Mar 2015
  • Defending Blasting Claims—Blast Records
    State College, PA, Nov 2013
  • Defending Blasting Claims—Blast Records
    Lexington, KY, Dec 2012
  • Defending Blasting Claims
    Columbus, OH, Mar 2011

Insights

Publications

Education

J.D., Salmon P. Chase College of Law, 2010

B.B.A., Morehead State University, 2007

Admissions

  • Commonwealth of Kentucky, 2010
  • State of Ohio, 2011
  • State of Tennessee, 2017
  • U.S. District Court, Eastern District of Kentucky, 2011
  • U.S. District Court, Western District of Kentucky, 2011
  • U.S. District Court, Southern District of Ohio, 2012
  • U.S. District Court, Northern District of Ohio, 2018
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