Louisville, Kentucky Trial Lawyers - Committed to Exceptional Client Service
Jonathan E. Breitenstein
Jonathan Breitenstein is a Louisville, Kentucky trial lawyer with over 17 years of experience.
Jonathan represents individuals, businesses, professionals, entrepreneurs, and physicians throughout Kentucky in broad range of complex civil litigation matters, administrative law and professional licensure cases, health care law and physician licensure matters, catastrophic personal injury, governmental and regulatory investigations, and white collar criminal cases.
Jonathan Breitenstein is a certified arbitrator, where he has assisted parties by conducting alternative dispute resolution proceedings. He also has extensive experience in appeals and appellate advocacy. Jonathan’s practice encompasses various professional and business consulting and advisory relationships in addition to his litigation practice.
Jonathan Breitenstein received his law degree from the University of Kentucky College of Law, where he was a member of the Trial Advocacy Board. He is a magna cum laude graduate of Georgetown College holding undergraduate degrees in Finance and Marketing with minors in History and Economics.
Jonathan joined DeMoisey Law Office in 1995.
University of Kentucky College of Law – Lexington, Kentucky
Juris Doctor, 1994 – Emphasis in Business Law
Trial Advocacy Board
Georgetown College – Georgetown, Kentucky
Bachelor of Science in Finance and Marketing, magna cum laude, 1991
Minors in History and Economics
Alpha Lambda Delta
U.S. District Court for the Western District of Kentucky, 1994
Medical Licensure Defense
Administrative Law/Professional Licensure Defense
Health Care Law
Personal Injury Litigation
Commercial and Professional Consulting and Advisory
Mitan v. Davis, 243 F. Supp. 2d 719 (W.D. Ky. 2003).
Counsel for Emory and Carol Davis in the matter of Kenneth Mitan v. Emory & Carol Davis; United States District Court, Western District of Kentucky, Civil Action Number 3:00CV-841-S. In this matter, Mr. and Mrs. Davis were alleged to have defamed Mr. Mitan based upon representations made in a web site which they owned.
Summary Judgment was obtained on behalf of the Defendants as set forth in the published opinion of Mitan v. Davis, 243 F. Supp. 2d 719 (W.D. Ky. 2003). After first deciding that Kentucky should apply the “single publication rule” for deciding when the statute of limitations begins to run for a claim of defamation arising from a publication in print media -- the Kentucky state courts having not yet reached that issue -- the Federal Court further held that the same rule would apply to publications on the Internet.
Applying this rule, the plaintiff's claims of defamation and libel were time-barred. The Mitan court noted that a statement published on the Internet “is no different from one published in a book or newspaper” and should be treated similar to any other aggregate communication. Further, the statute of limitations begins to run on an individual’s claim from the day the defamatory statements are (first) published on the Internet.
These principles were subsequently re-enforced by the California case of Long v. The Walt Disney Co. 10 Cal. Rptr. 3d 836 (Mar. 9, 2004) and are now considered the majority view in the Federal Courts.
Member of Middletown Christian Church, Stewardship Committee Member
Boy Scouts of America: Pack 321, Den Leader
Honors and Awards
Trial Advocacy Board, University of Kentucky College of Law
Selected, Association of Trial Lawyers of America National Mock Trial
Book Award (Highest Class Grade), Americans with Disabilities Act Critical
Review, Seminar Section
Departmental Award for Highest Academic Achievement, Georgetown College
Scholarship Recipient, Music (4 years), Georgetown College
Alpha Lambda Delta GPA Award (4 years), Georgetown College
President, Inter-fraternity Council, Georgetown College
National Dean’s List, Alpha Lambda Delta
Representative, Greek Council
Professional Associations and Memberships
Kentucky Bar Association
Certified Arbitrator; Counsel of Better Business Bureaus