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Robert L. Abell

Robert L. Abell

Robert Abell Law
  • Employment Law, Workers' Compensation, Personal Injury ...
  • Colorado, Kentucky, New York
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Biography

Good lawyering is a combination of communicating with particularly listening to clients and a clear-eyed assessment of their legal situation drawn from experience and expertise. The law should work for clients that work hard and play fair and by the rules. These clients are the best clients, and the ones I've been most proud to have represented and helped.

Practice Areas
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Workers' Compensation
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Insurance Claims
Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
Additional Practice Areas
  • Overtime & Wages
  • Discrimination
  • Americans With Disabilities Act (ADA)
  • Family Medical Leave Act (FMLA)
  • Disability Insurance benefits
Fees
  • Free Consultation
    In some instances and not as a matter of general policy.
  • Contingent Fees
    The terms of a contingent fee agreement vary depending upon factors particular to the client and the case.
Jurisdictions Admitted to Practice
Colorado
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Kentucky
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New York
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4th Circuit
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6th Circuit
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Federal Circuit
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U.S. District Court, EDKY
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U.S. District Court, WDKY
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U.S. Supreme Court
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Languages
  • English: Spoken, Written
Professional Experience
Trial Lawyer
Robert Abell Law
- Current
Public Defender
Legal Aid Society of New York City
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Associate
Greenebaum Doll & McDonald
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Intern Law Clerk
Hon. A.J. McNamara, U.S. District Court, EDLa
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Intern Assistant Dist. Attorney
Orleans Parish District Attorney
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Research Assistant
M. David Gelfand, Professor of Law
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Research Assistant
Center for Legal Studies on Intergovernmental Relations
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Education
Tulane University School of Law
J.D. (1987) | Law
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Honors: cum laude
Tulane University School of Law Logo
University of Kentucky
B.A. (1983) | History
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Honors: With Distinction
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Awards
Kentucky Super Lawyers
Super Lawyers
Kentucky Super Lawyers
Super Lawyers
Kentucky Super Lawyers
Super Lawyers
Kentucky Super Lawyers
Super Lawyers
Kentucky Super Lawyers
Super Lawyers
Kentucky Super Lawyers
Super Lawyers
Professional Associations
National Employment Lawyers Association
- Current
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American Association for Justice
- Current
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Kentucky Justice Association
- Current
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National Association of Criminal Defense Lawyers
- Current
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Kentucky Bar Association  # 82253
- Current
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The Association of the Bar of the City of New York
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Publications
Articles & Publications
Governor Bevin Joins Suit Against New Overtime Rules
www.RobertAbellLaw.com
Tennessee Athletics Settles Sex Discrimination Claims $2.48 Million
www.RobertAbellLaw.com
Walmart Seeks Supreme Court's Help In Unpaid Wages Case
Robert Abell Law Blog
Gender Discrimination - Novartis Hit With Class Action
Robert Abell Law Blog
Lawyers Accused of Overcharging Their Clients (Dog Bites Man)
... and Justice for All
Ferguson -- Part of What We First Heard Was a Lie
... and Justice for All
Retaliation - Is the Denial of Leave Proof of Retaliation?
Kentucky Employment Law Blog
Mortgage Loan Officers Overtime Rule Upheld by Supreme Court
Robert Abell Law Blog
Ferguson Assholes Open Fire on Police
... and Justice for All
Ferguson, Missouri City Manager, John Shaw, Resigns in Wake of Scathing Justice Department Report
... and Justice for All
Hack Judge, Ronald Brockmeyer, in Ferguson, Missouri Resigns
... and Justice for All
"We close by noting our disappointment with Hospira's approach to summary judgment practice"
Kentucky Employment Law Blog
Sheriff Employees Allege Sexual Favoritism, Retaliation
Robert Abell Law Blog
Must Employers Get the Lowest Fees for Employees 401k Plans?
Robert Abell Law Blog
Retaliation & Temporal Proximity - "We reject the idea that the passage of a particular amount of time between protected activity and retaliation can bar the claim as a matter of law."
Kentucky Employment Law Blog
False Claims Act - Disclosures during Government Audit Are Not a "Public Disclosure"
Kentucky Employment Law Blog
Police Officer's Complaint About Quotas Are Protected Speech
Robert Abell Law Blog
Really a Manager? Misclassification & Overtime
Robert Abell Law Blog
An Employer Who Knows or Has Reason To Know That An Employee's Time Records Underreports Their Work Hours May Not Escape FLSA Liability Based on the Employee's Failure to Fully Report the Hours Worked
Kentucky Employment Law Blog
Technical Writers Seek Overtime
Robert Abell Law Blog
Nurses and Work Injuries
Robert Abell Law Blog
What Happens When USDA Gives Up on Food Safety Inspections?
... and Justice for All
Punitive Damages Assessed for Corporate Wrongdoing are Deductible as "Ordinary Business Expense"
... and Justice for All
That Ain't the Law: the Dilemma Posed by "Unpublished" Opinions
... and Justice for All
Retiree Benefits "Are Not A Form of Deferred Compensation" Supreme Court Rules, They Are ....
Kentucky Employment Law Blog
"Professionalism" A Medical School's Academic Judgment, Sixth Circuit Rules Taking Away Medical School Diploma
Kentucky Employment Law Blog
Stopping the Double-Cross: Equitable Estoppel and the FMLA
Kentucky Employment Law Blog
Toxic Pollution of Kentucky's Waters Approved by Sixth Circuit
... and Justice for All
Temporal Proximity When the Employer Retaliates at the Earliest Opportunity, Although 15 Months Later
Kentucky Employment Law Blog
Wage Theft - 9 out of 10 Fast Food Workers Are Victims
Robert Abell Law Blog
More Than Six Months Between Protected Activity and Retaliation Does Not Preclude Causative Link, Sixth Circuit Again Emphasizes
Kentucky Employment Law Blog
Whistleblower - Supreme Court Rules In Favor of Air Marshal
Robert Abell Law Blog
Should Judges Be Able to Personally Solicit Campaign Contributions?
... and Justice for All
What Happens When A Prosecutor Lies Under Oath and Presents Knowingly False Testimony From A Witness?
... and Justice for All
Blood Money - South Carolina Killed A Mentally Disabled Inmate by Holding Him Naked in Solitary Confinement for 11 Days and Will Pay $1.2 Million
... and Justice for All
Unjust Sentencing Guidelines and Ineffective Assistance of Counsel
... and Justice for All
"Injustices That Are Going on Every Day in the Federal Courts"
... and Justice for All
Kentucky Supreme Court Affirms ALJ's Finding of Psychological Impairment
Kentucky Employment Law Blog
Damages in Kentucky Wrongful Termination Suits
Kentucky Employment Law Blog
Police Officers Bill of Rights Applies to All Complaints, Internal and Citizen, Kentucky Supreme Court Rules
Kentucky Employment Law Blog
Call Center Employees Seek Overtime Pay
Robert Abell Law Blog
Police Officers Bill of Rights Applies to All Complaints
Robert Abell Law Blog
Political Coercion in the Workplace - A Legacy of Citizens United
Kentucky Employment Law Blog
Wage Theft - $187 Million Verdict Against Walmart Upheld
Robert Abell Law Blog
Wage Theft - The Good Guys Win One in Braun v Walmart
Kentucky Employment Law Blog
Getting Paid for Work Done: Doesn't the Employer Define The Employee's Principal Activity?
Kentucky Employment Law Blog
What Is the Individualized Inquiry Required by the ADA?
Kentucky Employment Law Blog
Are FDA Experts Compromised? Money Doesn't Talk It Swears
... and Justice for All
Pregnancy Discrimination in the Supreme Court
Kentucky Employment Law Blog
Time Spent Waiting In After-Shift Security Checkout Line Not Compensable, Supreme Court Rules
Kentucky Employment Law Blog
Noncompetes & Dog Walkers
Kentucky Employment Law Blog
The Pregnancy Discrimination Act and Justice Ginsburg Come Full Circle
Kentucky Employment Law Blog
Must a Plaintiff Sue Over the First Act of Discrimination or Forfeit Her Right to Sue Over Any Act of Discrimination?
Kentucky Employment Law Blog
Does a Defendant Forfeit Acceptance of Responsibility Credit, If He Contests the Application of a Role in the Offense Enhancement?
... and Justice for All
Noncompetes & Low-wage Workers
Kentucky Employment Law Blog
The Grand Jury and Ferguson, Missouri
... and Justice for All
The Ripples from Vance v. Ball State University
Kentucky Employment Law Blog
Overtime & Salaried Workers - So Why Did Overtime Disappear?
Kentucky Employment Law Blog
Outback Steakhouse Overtime Suit
Robert Abell Law Blog
"Pretext" In "Substantial Factor" and "Mixed-Motive" Cases
Kentucky Employment Law Blog
Do Innocent People Plead Guilty? Part 2
... and Justice for All
FMLA - Measuring the Temporal Proximity Between the Exercise of FMLA Rights and Retaliation
Kentucky Employment Law Blog
Tort Reform Leads to More Medical Errors, Higher Healthcare Costs and No More Patient Care Physicians, Studies Conclude
... and Justice for All
Corporations, Campaign Contributions, Lobbyists and State Attorney Generals .... and Justice for All
... and Justice for All
Employer's Failure to File Alleged Arbitration Agreement In the Record Dooms Its Effort to Compel Arbitration, Sixth Circuit Rules
Kentucky Employment Law Blog
ERISA Plans May Have Two Types of Administrators
Kentucky Employment Law Blog
Case Managers - Exempt from Overtime?
Robert Abell Law Blog
Health Insurance Case Managers File Class Action for Unpaid Overtime
Kentucky Employment Law Blog
How Flexible Is the Similarly-Situated Employee Doctrine?
Kentucky Employment Law Blog
Independent Contractor or Employee - One Way to Steal Overtime
Robert Abell Law Blog
Wages & Overtime: Getting Paid What You've Earned
Robert Abell Law Blog
"They Just Want Somebody Younger" = Direct Evidence of Age Discrimination
Kentucky Employment Law Blog
An Employer Cannot Fire An Employee Because the Employee Refuses to Commit Perjury
Kentucky Employment Law Blog
FMLA: Equitable Relief Enough to Support Claim
Kentucky Employment Law Blog
Fraudulent Inducement; Did An Employer's Misrepresentations About Continuing Healthcare Insurance Convince an Employee to Work for Free?
Kentucky Employment Law Blog
How Did Sex Discrimination Get Included in the Civil Rights Act?
Kentucky Employment Law Blog
The Gender Wage Gap: An Infographic
Kentucky Employment Law Blog
Lane v. Franks: Even Though It Would be A Crime, Supreme Court Rules that Public Employer Is Entitled to Qualified Immunity From Any Damages
Kentucky Employment Law Blog
Noncompete Agreements: Are They Proliferating for No Good Reason?
Kentucky Employment Law Blog
False Claims Act: Sixth Circuit Rejects Arbitration of Retaliation Claims
Kentucky Employment Law Blog
Does a New Arbitration Agreement Apply to an Already Pending Lawsuit?
Kentucky Employment Law Blog
FMLA: A "Strong Presumption In Favor of Liquidated Damages" Says the Eighth Circuit
Kentucky Employment Law Blog
Shift Supervisors and Overtime Pay
Kentucky Employment Law Blog
ADA: How To Tell Whether a Job Function Is Essential
Kentucky Employment Law Blog
ADA: An Employer's Good Faith Obligation
Kentucky Employment Law Blog
ADA: Determining What Is an "Essential Function" Of a Job
Kentucky Employment Law Blog
Pregnancy Discrimination: Who Is Similarly-Situated?
Kentucky Employment Law Blog
Pregnancy Discrimination: Do Pregnancy-Related Restrictions Mean That The Employee Is No Longer Qualified For Her Job?
Kentucky Employment Law Blog
The Conduct of a Nondecisionmaker May Be Probative of Whether an Adverse Action Was Motivated by Discrimination
Kentucky Employment Law Blog
Who Are Comparable Employees In A RIF Case?
Kentucky Employment Law Blog
"It Strains Credulity to Imagine That the Qualifications for a Sales Position ... Are Unrelated to Demonstrated Sales Ability," Sixth Circuit Observes in Reversing Summary Judgment
Kentucky Employment Law Blog
Is Wage Theft A National Epidemic?
Kentucky Employment Law Blog
Kentucky Supreme Court Ethics Rules for Lawyers Do Not Represent Public Policy, Sixth Circuit Rules
Kentucky Employment Law Blog
FMLA Retaliation: What Is An "Adverse Employment Action?"
Kentucky Employment Law Blog
What Is An Equivalent Position Under the FMLA?
Kentucky Employment Law Blog
Employee Cannot Waive Claims Under the Equal Pay Act, Sixth Circuit Rules
Kentucky Employment Law Blog
In Farmer Case, We Could Push Law So Far to Criminalize Politics
Lexington Herald-Leader
The Executive, Administrative & Professional Exemptions to the Overtime Requirement
Kentucky Justice Association
Tort Reformers Want Cruel Cure for Fictional Ill
Lexington Herald-Leader
There You Go Again: Admissibility of Other Bad Evidence Under KRE 404(b)
Kentucky Justice Association
Ask An Attorney Questions, Demand Straight Answers
Lexington Herald-Leader
Law Helps Workers Recover Fair Pay
Lexington Herald-Leader
Congress Must Fix Inequitable Drug Sentences
Lexington Herald-Leader
Liability Suits Are Path To Justice
Lexington Herald-Leader
Websites & Blogs
Website
Contact & Map
Robert L. Abell
120 NORTH UPPER STREET
Lexington, KY 40507
Telephone: (859) 254-7076
Fax: (859) 281-6541