A judge in Lexington, Ky. has ordered the sanction of two lawyers for the lack of reasonable grounds to continue to prosecute a purported class action based on veterinarians admitting to falsifying the date of radiographs for the sale of horses at Keeneland. .
The order, signed by Judge Julie Muth Goodman of the Fayette Circuit, was entered on December 1 and found on the court’s online notebook on December 2.
Attorneys Mason Miller and William Rambicure filed a lawsuit in February 2019 against several Fayette County veterinarians and a tech support provider accusing Tom Swearingen, a veteran horse buyer in Keeneland, was damaged by misrepresented, self-reported radiographs. Goodman dismissed the lawsuit in March 2020.
In the 26-page sanction, Goodman found the attorneys had violated what is known in Kentucky as Rule 11, writing that their conduct was “particularly egregious” as they continued to pursue the claims. after Swearingen admitted during his discovery, among other things, he had never relied on X-ray photographs and was not damaged by his purchase.
Goodman will impose sanctions “equivalent to Defendant’s reasonable attorneys’ fees and costs from the date following the discovery responses to the date of this order.” She excluded costs incurred during the appeals process, citing lack of authority. The appeal was denied in February 2022.
The defendants are led by Lexington attorney Tom Miller in the sanctions effort and will submit evidence of charges and expenses to Goodman. Rambicure and Mason Miller, not related to Tom Miller, will provide proof of their ability to pay.
