J. Kelly Ratliff

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 across the country. 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 combines his comprehensive trial experience and industry knowledge to provide consistent, efficient service as national coordinating counsel for several blasting insurers and clients.

Kelly is also proud to defend real estate appraisers, both in pre-suit matters, lawsuits, and before state regulatory agencies. As an advocate for real estate appraisers, he has successfully assisted with the defense of appraisers before juries in numerous states and in the defense of appraisers before appraisal boards.

As national counsel for multiple clients and insurance companies, Kelly’s practice and litigation experience also includes the defense of clients in serious litigation matters in multiple jurisdictions throughout the country.  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

Publications