Attorney Biographies
Louisville, Kentucky Trial Lawyers - Committed to Exceptional Client Service
J. Fox DeMoisey
Managing Member
J. Fox DeMoisey is a Louisville, Kentucky trial lawyer and is the Founder and Managing Member of DeMoisey Law Office, PLLC.
For approximately forty years, Fox DeMoisey has practiced law in Louisville, Kentucky, representing clients in a wide range of legal matters, with a significant area of concentration in complex litigation, administrative law, and professional licensure cases.
Fox DeMoisey has earned the reputation as a leading Kentucky trial lawyer, representing clients in many significant and high profile cases in Kentucky, the Southeastern United States, and throughout the country.
A significant area Fox DeMoisey’s practice is representing physicians and other professionals before their licensing boards. Fox was counsel to the Kentucky Board of Medical Licensure for eight years and has represented physicians before that board for nearly 30 years, giving him an immeasurable knowledge base and invaluable experience in administrative law and professional licensure defense to aid in the vigorous representation of his clients.
Fox DeMoisey received his law degree from the University of Louisville, Brandeis School of Law and is a graduate of Davidson College, where he was a member of the Davidson Basketball Team, which was ranked 6th in the country during the 1969-70 season. Fox attended Davidson on a full basketball scholarship. He is an alumnus of Ft. Thomas Highlands High School in Northern Kentucky, where he earned all-state honors in basketball and baseball.
Fox DeMoisey has vigorously represented his clients in numerous high profile, civil litigation and professional licensure cases, involving some of the nation’s largest corporate interests and the careers of countless physicians, pyschologists, dentists, chiropractors, nurses, engineers, and other licensed professionals, several of which are briefly described below.
Select Representations
Maggard v. Ky. Board of Examiners of Psychology, 282 S.W.3d 301 (Ky. 2008).
Landmark case in Administrative Law and Professional Licensure Defense: a licensee may prosecute a claim for fraud or misconduct of the Administrative Agency/Board as part of an appeal of a final order of discipline.
Duff, M.D. v. Ky. Board of Medical Licensure, 2008 WL 4367845 (Ky. App. 2008).
Successfully obtained a ruling in the Court of Appeals that the Kentucky Board of Medical Licensure wrongfully applied a regulation on Schedule IV substances on the client physician. The Court stated that for the Board to apply an amended version of the regulation “would not only be unfair but would impermissibly impose new legal duties upon a physician.”
Roberts v. Bucci, 218 S.W.3d 395 (Ky. App. 2007).
Case of first impression in domestic relations law. Maintained on behalf of the client that there was no factual basis for a domestic violence order against him and the petition was filed only for harassment. Obtained a favorable ruling on behalf of Mr. Roberts stating that family courts in Kentucky have jurisdiction to vacate domestic violence orders pursuant to rule 60.02 of the Kentucky Rules of Civil Procedure.
West Virginia Board of Medicine v. Shafer, M.D., 535 S.E.2d 480 (W.Va. 2000).
Representation of a physician whose license to practice medicine was revoked by the West Virginia Board of Medicine. Successfully obtained a reversal of the client’s medical licensure revocation by arguing that the legal doctrine of Res Judicata precluded the Board from revoking the client’s license to practice medicine. The physician client regained her medical license in West Virginia.
Boyle v. Million, 201 F.3d 711 (6th Cir. 2000).
Successfully obtained a Federal Writ of Habeas Corpus (a very rare remedy) on behalf of a client after he was convicted of first degree assault. The Writ was granted based upon prosecutorial misconduct that occurred during the client’s criminal trial.
Brogna v. Fifth Third Bank, Jefferson County Kentucky Circuit Court
Lead Plaintiffs’ attorney in a Consumer Fraud Class Action case. The case was mediated to a favorable public settlement requiring remedial conduct by Fifth Third Bank, compensation to the affected customers (the “Class”), and full relief to the initial clients.
Urella, M.D. v. State Medical Board of Ohio, 693 N.E.2d 846 (Ohio App. 1997).
Representation of a physician whose license to practice medicine was revoked by the State Medical Board of Ohio. Successfully obtained a reversal of the client’s medical license revocation by arguing that the Board could not discipline a physician based upon unsubstantiated disciplinary charges from a New York proceeding. The physician client regained his medical license in Ohio.
Oliver, M.D. v. Kentucky Board of Medical Licensure, 898 S.W.2d 531 (Ky. App. 1995).
Successfully obtained a ruling that the Kentucky Board of Medical Licensure could not stack disciplinary time to amount to over five years. The Court held such sentencing by the Board exceeded its statutory powers.
The Tobacco Cases including:
Wyatt, Tarrant & Combs v. Williams, 892 S.W.2d 584 (Ky. 1995).
Maddox v. Williams, 1995 WL 569425 (Ky. Cir. Ct.).Representation of Merrell Williams as the provider of “in house” documents that provided the foundation for the “Tobacco Cases.” The action was resolved in Mr. Williams’s favor within the settlement between the Tobacco Companies and the State of Mississippi. The case caused quite a media frenzy and Mr. DeMoisey appeared with Mr. Williams on “60 Minutes” as part of the exposé centered on the tobacco litigation. Articles have appeared in the USA Today and the New York Times to name just a few major news outlets covering this landmark litigation. Mr. DeMoisey was also contacted by Mr. Ralph Nader who founded the consumer advocacy group Public Citizen and worked with Mr. Nader and a member of his team – Mr. Alan Morrison – in various capacities during the litigation.
The litigation spanned jurisdictions from Kentucky to Washington, D.C. to Mississippi. While most people solely account Jeffrey Wigand for blowing the whistle on Big Tobacco (made famous in the movie “The Insider”) this article on Tobacco.org describes the role both Merrell Williams and Jeffrey Wigand played in bringing justice to light. Wigand was used as the face for Hollywood because he worked for a tobacco company – Brown & Williamson. Merrell Williams – whom Fox DeMoisey represented – worked for one of Brown & Williamson’s law firms, which had copies of the research and other documentation that was kept from the public and the United States Congress showing that nicotine is addictive and cigarettes cause cancer.
Louisville & Jefferson County Metropolitan Sewer District v. Tarrytowne Sanitation Company, 818 S.W.2d 267 (Ky. App. 1991).
Representation of Tarrytowne Sanitation in recovering from and requiring MSD to pay just compensation to Tarrytowne after it transferred its sewer system to MSD, even though it could no longer legally operate its sewer collection and treatment process after the expansion of MSD. Successfully applied to this case the Kentucky Constitutional provisions that prohibit the taking of private property for public use without just compensation.
Davidson v. Commonwealth, 613 S.W.2d 431 (Ky. App. 1981).
This case marked the first time where a Court addressed the “In Custody” interrogation of a minor to require Miranda Rights to be given through a parent or guardian.
Education
Brandeis School of Law, University of Louisville – Louisville, Kentucky
J.D., 1973Davidson College – Davidson, North Carolina
B.A. in Political Science, 1970
Bar Admissions
Kentucky, 1973
U.S. District Court for the Western District of Kentucky, 1975
U.S. District Court for the Eastern District of Kentucky, 1976
U.S. District Court for the Southern District of Ohio, 1993
U.S. District Court for the Southern District of Indiana, 2002
U.S. District Court for the Northern District of Ohio, 2003
U.S. District Court for the Southern District of Florida, 2007
U.S. District Court for the Western District of Missouri, 2009U.S. 6th Circuit Court of Appeals, 1982
U.S. 11th Circuit Court of Appeals, 2007
Practice Areas
Business/Commercial Litigation
Medical Licensure Defense
Administrative Law/Professional Licensure Defense
Health Care Law
Equine Law
Personal Injury Litigation
Governmental Investigations/White Collar Crime
Criminal Law
Whistleblower Representation
Appellate Litigation
Complex Domestic Litigation
Select Reported Cases
Maggard v. Kentucky Board of Examiners of Psychology, 282 S.W.3d 301 (Ky. 2008).
Roberts v. Bucci, 218 S.W.3d 395 (Ky. App. 2007).
West Virginia Board of Medicine v. Shafer, M.D., 535 S.E.2d 480 (W.Va. 2000).
Boyle v. Million, 201 F.3d 711 (6th Cir. 2000).
Urella, M.D. v. State Medical Board of Ohio, 693 N.E.2d 846 (Ohio App. 1997).
Oliver, M.D. v. Kentucky Board of Medical Licensure, 898 S.W.2d 531 (Ky. App. 1995).
Wyatt, Tarrant & Combs v. Williams, 892 S.W.2d 584 (Ky. 1995).
Louisville & Jefferson County Metropolitan Sewer District v. Tarrytowne Sanitation Company, 818 S.W.2d 267 (Ky. App. 1991).
Davidson v. Commonwealth, 613 S.W.2d 431 (Ky. App. 1981).
Honors and Awards
Dean’s List (multiple semesters), Brandeis School of Law
Ranked Top 10 Basketball Team in AP/UPI Polls (1969-70), Davidson College
Full Scholarship (4 year – basketball), Davidson College
National Honor Society, Ft. Thomas Highlands School
All State Basketball and Baseball, 1965 & 1966, Ft. Thomas Highlands School
Government Service
General Counsel, Kentucky Board of Medical Licensure, 1974-1982
General Counsel, Kentucky Board of Vocational Education, 1978
United States Army Reserves, 1973-1979 (Military Police Officer Training;
Honorable Discharge at Rank of Captain, 1979)
Licensure Official, Kentucky Horse Racing Commission, 1972-1973
Intern, Jefferson County Public Defender’s Office, 1972-1973
2nd Lieutenant, Military Police, 1970
R.O.T.C. (Davidson College), 1966-1970
Select Past Employment Positions
General Counsel, Kentucky Board of Medical Licensure, 1974-1982
Principal drafter of the 1978 Revisions to KRS 311.555 – the Kentucky Medical and Osteopathic Act, which became a model for other state medical licensure actsGeneral Counsel, Kentucky Board of Vocational Education, 1978
Licensure Official, Kentucky Horse Racing Commission, 1972-1973
Official responsible for the licensure of all track personnel, trainers, jockeys, and owners
Professional Associations and Memberships
Kentucky Bar Association
Louisville Bar Association
Kentucky Justice Association, formerly Kentucky Academy of Trial Attorneys