In October 2009 the ASHA Board of Directors voted to direct ASHA’s attorneys to file a lawsuit in Lexington, Kentucky asking the Fayette Circuit Court to determine the meaning of a Kentucky statute related to the disclosure of Association internal documents. Six Association members were named as defendants. This suit was authorized only after months of negotiating with these members and the production of ten boxes of documents for their review. The Board felt that the ongoing requests were disrupting the operations of the Association office and asked for information of a private and privileged nature. The members filed a countersuit against ASHA over the same issues.

On February 2, 2010 the Court issued an order providing for the taking of depositions in March 2010 at the request of the attorneys for the defendant members, and further provided as follows: 

1. ASHA is to file a motion for summary judgment by April 15, 2010. By May 14, 2010 the defendants are to file a response to ASHA’s motion for summary judgment and file their own motion for summary judgment.  By June 1, 2010 ASHA is to file its reply, and by June 15, 2010 the defendant members are to file their reply. 
2. Thereafter, the matter will be scheduled by the Court for oral argument.