A Lexington judge ordered sanctions against two lawyers for lacking a reasonable basis to continue prosecution of a purported class action based on veterinarians' admitted falsification of radiograph dates for equine sales at Keeneland.
The order, signed by Fayette Circuit Judge Julie Muth Goodman, was entered Dec. 1 and found on the court's online docket Dec. 2.
Attorneys Mason Miller and William Rambicure filed suit in February 2019 against several Fayette County veterinarians and a firm providing technology support, alleging that owner-trainer Tom Swearingen, a veteran horse purchaser at Keeneland, was damaged by the misdated radiographs, which were self-reported. Goodman dismissed the lawsuit in March 2020.
In the 26-page sanctions order, Goodman found the attorneys violated what is known in Kentucky as Rule 11, writing that their conduct was "particularly egregious" when they continued to pursue the claims after Swearingen admitted during discovery, among other things, he never relied on the radiographs and was not damaged by his purchases.
Goodman will impose sanctions "equal to Defendants' reasonable attorney's fees and costs from the day following the tender of discovery responses until the date of this order." She excluded expenses incurred during an appeal, citing a lack of jurisdiction. The appeal was denied in February of this year.
Defendants were led in the sanctions effort by Lexington attorney Tom Miller and will submit proof of fees and costs to Goodman. Rambicure and Mason Miller (unrelated to Tom Miller), will provide evidence of their ability to pay.
