Ashley T. KisnerAshley Kisner Clark Hill
Ashley T. Kisner
Ashley Kisner represents clients in commercial litigation matters with an emphasis on business disputes and business torts, environmental issues, fiduciary liability and real estate cases. Ashley brings a practical, client-focused approach to problem solving and believes that effective collaboration with the client team creates the best results. She appears regularly in State and Federal Courts, including experience in multi-district class actions and multi-party litigation.
Ashley provides counseling on a variety of environmental and real estate issues, including:
- post-transaction disputes;
- underground storage tank regulations and claims;
- deed restrictions;
- access, license and indemnity agreements; and
- commercial tenant disputes
Ashley has broad experience representing retail gasoline clients in all aspects the industry, including:
- personal injury and property damage lawsuits arising out of gasoline releases;
- appeal of reimbursement determinations by various state UST funds;
- universal waste management and consumer protection lawsuits involving pricing and product quality;
- compliance with UST regulations;
- audits and EMS development; and
- drafting indemnities in transactions and post-transaction disputes.
Ashley also represents clients in trust and estate disputes, including will contests, trustee fiduciary claims, and representation of non-profit entities and private foundations in trust and other related matters.
- Defense verdict in favor of client in two-week jury trial alleging environmental contamination at the end of lease term.
- Negotiated multiple agreements for access to neighboring properties to affect environmental clean-ups.
- Obtained plaintiff summary judgment on liability in case involving breach of environmental indemnity.
- Assisted in successful settlement of litigation involving personal injury and property damage claims arising out of release of gasoline from underground storage tank.
- Assisted in successful defense of class action litigation filed against major UST owner by neighboring property owners.
- Represented PRPs in a variety of CERCLA matters and litigation.
Trust and Estates
- Jury verdict in favor or client executor in two-week trial of will contest alleging undue influence and lack of capacity.
- Successfully defended trustee against breach of fiduciary duty allegations involving trust administration.
- Obtained favorable settlement of claim for bequest on behalf of private foundation.
- Represented and successfully settled claim against a private foundation that major charitable gift had been wrongly given.
General Commercial Litigation
- Obtained summary judgment for defense on breach of gas supply contract.
- Represented gasoline retailers in multi-district class actions for alleged deceptive sales practices.
- Successful arbitration of partnership dissolution on behalf of general partner.
- Assisted in obtaining favorable verdict in trial of breach of contract dispute between a software developer and its customer.
- Obtained permanent injunction in property-use restriction matter for large property owners' association.
- Successful trial of breach of restrictive covenant lawsuit arising out of unauthorized construction.
- Obtained defense verdict in trial of commercial lease dispute for technology company.
- Routine representation of large hospital owner in lease and commercial real estate disputes.
- Collaboration Techniques for Better Results, 2018 ALFA International Conference (March 2018)
- Strategies for Creating Diverse Workplaces, 2018 ALFA International Retail Conference (Jan. 2018)
- Environmental Liability in Real Estate Transactions, Client CLE Presentation (April 2019, May 2018, June 2014)
- Making It Work-Creating Better Relationships Between In-House and Outside Counsel, 2014 ALFA International Conference (March 2014)
- Maximizing Relationships with Outside Counsel, Marcus Evans Conference (March 2013)