Civil, Commercial, and Real Estate Litigation

In his over 35 years of practice Mr. Bartenstein has handled commercial litigation (representing companies) of the following types:

  • Breach of contract
  • Breach of duties owed between partners and co-owners
  • Enforcement or defense against anti-compete clauses
  • Misrepresentation (fraud or negligent)
  • Interference in contractual relationships
  • Conversion
  • Business defamation or disparagement
  • Collections
  • Bankruptcy

His experience litigating real estate cases includes:

  • Lease disputes
  • Fraud and misrepresentation in sales
  • Boundary disputes
  • Adverse possession
  • Construction defects
  • Mechanics and other lien claims

Civil, Commercial, and Real Estate Litigation Cases

Sellers of real property sought specific performance of auction bid made by by-bidder, who had been hired by auctioneer ostensibly for sellers’ benefit, and for damages. Court held that the by-bidder was acting as an agent for the sellers, via extension with the auctioneer, and that, since no memorandum of sale was made, the action failed because it violated the statute of frauds.

Horses in a pasture are not an attractive nuisance in Kentucky to where a child injured by a horse could sue the owner of the real estate.

Up-the-Ladder immunity for worker’s compensation claims applied to the utility that retained an independent contractor to test smoke-stack emissions. Deemed to be a regular and recurring part of the utilities business.

An attorney sued a court-appointed supervisor of visitation for defamation because of statements made in a report to the Court filed by the psychologist. The statements made in the course of judicial proceedings were found to be privileged.

Slip and fall on ice and suit against the home’s owners and real estate agents having an open house. The court held there is no duty to remedy or warn, and thus no liability for natural, open and obvious conditions.

Involved the question of whether a Plaintiff needs to follow the Hague Convention in attempting to serve a Mexican resident driver of a vehicle that allegedly caused a fatal accident.

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