J. Fox DeMoisey

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Biography

J. Fox DeMoisey is a Louisville, Kentucky trial lawyer and is the Founder and Managing Member of DeMoisey Law Office, PLLC.

For over 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, professional licensure cases, hospital peer reviews and defense in civil and criminal Medicaid and Medicare fraud 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 35 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, psychologists, dentists, chiropractors, nurses, engineers, and other licensed professionals, several of which are briefly described below.

Select Representations:

Maggard, Ph.D. 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 on the part of the administrative agency/board as a first component part of an appeal of a final order of discipline.

Uradu, M.D. v. Ky. Board of Medical Licensure, 2018-CA-00097-MR.

Case reversed a probation based upon discipline in a sister-state. The Kentucky Board of Medical Licensure attempted to use a regulation to cause the Board to, at a minimum, impose a sanction equal to the sister-state's prior action. The Court of Appeals of Kentucky agreed with Dr. Uradu that the regulation was illegal and, therefore, the probation was vacated.

Miller-Canfield, M.D. v. Ky. Board of Medical Licensure, 96-CA-2577-MR

The Kentucky Court of Appeals reversed the revocation of Dr. Canfield's medical license holding that the concerned conduct of a licensed physician must occur within "the practice of medicine" for it to be within the regulatory authority of the Board of Medical Licensure.

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 Medical 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 physician 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 subsequently laid 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. Mr. 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 first providing 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 requiring Miranda Rights to be given through a parent or guardian. This case set the groundwork for a subsequent successful 42 U.S.C. 1983 action (David v. Jefferson County and Officer Cissell) wherein the estate of Terry Davidson made a sever figure recovery for the wrongful death caused by Officer Cissell in the course of improperly arresting Mr. Davidson's minor sons.

Harmer, Ph.D. v. Ky. Board of Examiners of Psychology, Franklin Circuit Court,
Case No. 96-CI-01567

The Franklin Circuit Court reversed the adverse finding by the Board based upon the misuse of the APA Ethical Principles of Psychologists and Code of Conduct.

Education

  • Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky
    • Juris Doctor - 1973
  • Davidson College, Davidson, North Carolina
    • Bachelor of Arts - 1970
    • Major: Political Science

Bar Admissions

  • Kentucky, 1973
  • U.S. District Court Western District of Kentucky, 1975
  • U.S. District Court Eastern District of Kentucky, 1976
  • U.S. District Court Southern District of Ohio, 1993
  • U.S. District Court Southern District of Indiana, 2002
  • U.S. District Court Northern District of Ohio, 2003
  • U.S. District Court Southern District of Florida, 2007
  • U.S. District Court Western District of Missouri, 2009
  • U.S. Court of Appeals 6th Circuit, 1982
  • U.S. Court of Appeals 11th Circuit, 2007

Honors

  • 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

Representative 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)
  • Maddox v. Williams, 1995 WL 569425 (Ky. Cir. Ct.)
  • Brogna v. Fifth Third Bank, Jefferson County Kentucky Circuit Court
  • Duff, M.D. v. Ky. Board of Medical Licensure, 2008 WL 4367845 (Ky. App. 2008)

Professional Associations

  • Kentucky Bar Association
  • Louisville Bar Association
  • Kentucky Justice Association, formerly Kentucky Academy of Trial Attorneys

Current Employment Position

  • Managing Member

Past Positions and Government Service

  • Kentucky Board of Medical Licensure, General Counsel, 1974 to 1982
  • Kentucky Board of Vocational Education, General Counsel, 1978
  • United States Army Reserves, Military Police Officer Training, Honorable Discharge at Rank of Captain, 1973 to 1979
  • Licensure Official, Kentucky Horse Racing Commission, 1972-1973, Official responsible for the licensure of all track personnel, trainers, jockeys, and owners, 1973 to 1979
  • Jefferson County Public Defender’s Office, Intern, 1972 to 1973
  • 2nd Lieutenant, Military Police, 1970
  • R.O.T.C. (Davidson College), 1966 to 1970
  • 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 acts
  • General Counsel, Kentucky Board of Vocational Education, 1978
  • Licensure Official, Kentucky Horse Racing Commission, Official responsible for the licensure of all track personnel, trainers, jockeys, and owners, 1972 to 1973

Practice Areas:

  • Administrative Law/Professional Licensure Defense
  • Medical Licensure Defense
  • Defense of Medicaid/Medicare Fraud Cases (Both Civil and Criminal)
  • Healthcare Law
  • Personal Injury Litigation
  • Governmental Investigations/White Collar Crime (Qui-Tam)
  • Business/Commercial Litigation
  • Criminal Law
  • Appellate Litigation
  • Whistleblower Representation
  • Complex Domestic Litigation
  • Equine Law