Kentucky

FAMILY LAW (Workers Compensation Settlement, marital property issue): Day v. Day (COA 12/11/2009)

Posted on March 20, 2010
Day v. Day 2008-CA-000133 12/11/2009 2009 WL 4722579 Opinion by Senior Judge Harris; Judges Lambert and VanMeter concurred. The Court affirmed an order of the trial court in a dissolution of marriage action determining that appellant?s entire workers? compensation settlement was marital property and awarding appellee one-half of the settlement and setting appellant?s child support obligation...

FEBRUARY 2010 - COA Case Summary Report (Published Decisions)

Posted on March 19, 2010
The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...

FAMILY LAW (Jurisdiction): Cabinet for Health and Family Services v. J.T.G. (COA 12/4/2009)

Posted on March 18, 2010
Cabinet for Health and Family Services v. J.T.G. 2009-CA-000211 12/04/2009 2009 WL 4406123 Opinion by Judge Lambert; Judge Harris concurred by separate opinion; Judge VanMeter dissented by separate opinion. The Court vacated and remanded an order of the circuit court finding the Cabinet for Health and Family Services in contempt for failing to pay child care assistance costs to the uncle of a child who was given permanent custody of the child...

FAMILY LAW (UCCJEA): Biggs v. Biggs (COA 12/4/2009)

Posted on March 18, 2010
Biggs v. Biggs 2008-CA-001219 12/04/2009 2009 WL 4406061 Opinion by Chief Judge Combs; Judge Wine and Senior Judge Graves concurred. The Court vacated and remanded an order of the circuit court dismissing, for lack of jurisdiction, appellant?s motion to modify custody...

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CONTRACTS: Barnett v. Community Trust Bank, Inc. (COA 12/18/2009)

Posted on March 18, 2010
Barnett v. Community Trust Bank, Inc. 2009-CA-000164 12/18/2009 2009 WL 4877691 Opinion by Judge Lambert; Senior Judge Harris concurred; Judge VanMeter dissented by separate opinion. The Court vacated and remanded a summary judgment entered by the circuit court dismissing appellant?s claims of negligence, breach of contract and unjust enrichment filed against the appellee bank and appellant?s brother?s ex-wife...

CONTRACTS: Barber Cabinet Company, Inc. v. Sparks (12/4/2009 COA)

Posted on March 18, 2010
Barber Cabinet Company, Inc. v. Sparks 2008-CA-001948 12/04/2009 2009 WL 4406079 Opinion by Senior Judge Lambert; Chief Judge Combs and Judge Moore concurred. The Court reversed and remanded an order of the trial court finding that no contract was formed between a cabinetry company and a homeowner and dissolving the cabinet company?s liens on the residential property...

CIVIL PROCEDURE - Housekeeping Dismissals; Lack of prosecution: Wildcat Property Management, LLC v. Reuss (12/11/2009 COA)

Posted on March 18, 2010
Wildcat Property Management, LLC v. Reuss 2008-CA-002290 12/11/2009 2009 WL 4723203 Opinion by Senior Judge Lambert; Chief Judge Combs and Judge Moore concurred. The Court reversed and remanded an order of the circuit court dismissing an action with prejudice...

JANUARY 2010 - COA Case Summary Report (Published Decisions)

Posted on March 18, 2010
The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...

SCOKY MONTHLY CASE SUMMARY REPORT: JANUARY 2010

Posted on March 18, 2010
SCOKY MONTHLY CASE SUMMARY REPORT: JANUARY 2010 The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting...

SCOKY MONTHLY CASE SUMMARY REPORT: DECEMBER 2009

Posted on March 18, 2010
The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...

COA 2010 Minutes: March 12, 2010 (Nos. 260-270)

Posted on March 13, 2010
COA 2010 Minutes: March 12, 2010 (Nos. 260-270) 10 decisions 1Published 30 orders dismissing appeal 4 orders denying petition for rehearing (1 Jeff.) 4 orders denying motion for discretionary review (MDR)(1 Jeff.) 3 orders denying petition for writ of prohibition (1 Jeff) 1 order granting petition for writ of prohibition 3 orders denying motion for belated ppeal (1 Jeff) 1 order affirming Workload watch - judges writing the opinions - Presiding Judge Wine 1 (published)(criminal) Henry 1 Acree 1 Capterton 2 White 1 Thompson 1 Taylor 1 Combs 1 Stumbo 1 Published Decisions with digest and link to full text decision at AOC: 261 CRIMINAL HATCHER VS...

COA 2010 Minutes: March 5, 2010 (Nos. 231-259)

Posted on March 08, 2010
COA 2010 Minutes: March 5, 2010 (Nos. 231-259) 29 decisions 2 Published 15 orders dismissing appeal Published Decisions with digest and link to full text decision at AOC: 233 Legal Negligence KEENEY VS. OSBORNE APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE MARTIN F...

February 2010 Supreme Court Minutes

Posted on March 08, 2010
None.

COA Argument Calendar for March 2010

Posted on March 08, 2010
Click HERE for MARCH 2010 oral argument calendar at Court of Appeals. Dates: March 19 - Louisville (Jefferson County Judicial Ctr) March 23 - Louisville (UofL Law School) March 23 - Frankfort March 24 - Louisville (UofL Law) March 24 - Elizabethtown LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE, DATE: Friday, March 19, 2010 10:00 AM BARBARA A ABEL v J...

COA Argument Calendar for February 2010

Posted on March 08, 2010
Sorry. This is after the fact, but I am posting it just for completeness. Click HERE for February 2010 oral argument calendar at Court of Appeals.

COA 2010 Minutes: February 26, 2010 (Nos. 194-230)

Posted on March 06, 2010
COA 2010 Minutes: February 26, 2010 (Nos. 194-230) 37 decisions 5 Published 2 Petitions for rehearing DENIED 1 motion to reconsider DENIED 1 motion for interlocutory relief DENIED Tort/Insurance Decisions: 194 Collins v. Brown 212 Abney v. KFBM Workers Compensation Decisions: 209 Evans v...

COA 2010 Minutes: February 19, 2010 (Nos. 160-193)

Posted on February 26, 2010
COA 2010 Minutes: February 19, 2010 (Nos. 160-193) 34 decisions 10 Published Published Decisions with digest and link to full text decision at AOC: 163 GOVERNMENT EMPLOYMENT LAW MCKISSIC VS. KENTUCKY TRANSPORTATION CABINET OPINION AFFIRMING AS TO APPEAL NO...

DECEMBER 2009 COA Case Summary Report (Published Decisions)

Posted on February 24, 2010
The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...

COA 2010 Minutes: February 12, 2010 (Nos. 147-159)

Posted on February 23, 2010
COA 2010 Minutes: February 12, 2010 (Nos. 147-159) 13decisions 2 published Published Decisions with digest and link to full text decision at AOC: 148 CONDEMNATION CLARK VS. WESTERN KENTUCKY UNIVERSITY OPINION AFFIRMING ** ** ** ** ** BEFORE: LAMBERT AND VANMETER, JUDGES; HENRY,1 SENIOR JUDGE...

SCOKY MONTHLY CASE SUMMARY REPORT: NOVEMBER 2009

Posted on February 22, 2010
The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...

COA 2010 Minutes: February 5, 2010 (Nos. 127-146)

Posted on February 22, 2010
COA 2010 Minutes: February 5, 2010 (Nos. 127-146) 41 decisions 8 published 127 FAMILY COURTS; ARBITRATOIN CAMPBELL VS. CAMPBELL OPINION REVERSING AND REMANDING WITH DIRECTIONS ** ** ** ** ** BEFORE: ACREE, TAYLOR, AND THOMPSON, JUDGES. TAYLOR, JUDGE: George W...

COA 2010 Minutes: January 29, 2010 (Nos. 86-126)

Posted on February 21, 2010
COA 2010 Minutes: January 29, 2010 (Nos. 86-126) 41 decisions 8 published Published Decisions with digest and link to full text decision at AOC: 92 EMPLOYMENT; COURT COSTS BRETT VS. MEDIA GENERAL OPERATIONS, INC. OPINION AFFIRMING ** ** ** ** ** BEFORE: LAMBERT AND VANMETER, JUDGES; HARRIS,1 SENIOR JUDGE...

COA 2010 Minutes: January 22, 2010 (Nos. 49-85)

Posted on February 20, 2010
COA 2010 Minutes: January 22, 2010 (Nos. 49-85) 37 decisions 9 published Published Decisions with digest and link to full text decision at AOC: 49 SETTLEMENT AGREEMENTS, RECISSION, MISTAKE OF FACT BOBBITT VS. COLLINS OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: STUMBO, THOMPSON, AND WINE, JUDGES...

COA 2010 Minutes: January 22, 2010 (Nos. 49-85)

Posted on February 20, 2010
COA 2010 Minutes: January 22, 2010 (Nos. 49-85) 37 decisions 9 published Published Decisions with digest and link to full text decision at AOC: 49 SETTLEMENT AGREEMENTS, RECISSION, MISTAKE OF FACT BOBBITT VS. COLLINS OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: STUMBO, THOMPSON, AND WINE, JUDGES...

Janurary 21, 2010 Supreme Court Minutes

Posted on January 24, 2010
Janurary 21, 2010 Supreme Court Minutes (CLICK HERE FOR ENTIRE MINUTES) Decisions: 1-24 Total: 24 Published: 14 Displinary Cases (published): 7 (however the 8th was not published re a reinstatement to practice law and a 9th dealt with a fine for failure to comply with CLE) Rehearing motions: 2 of 9 motions for rehearing Granted Discretionary Review Motions: Motions granted: 11 Denied: 45 (11/55) Running Tally for 2010 PUB/NPO Ratio: 14 of 24 published Motions for rehearing - 2 of 9 grants MDR (distcretionary review) 11 of 55 granted Reversals or otherwise not affirmed in entirety: Published: 12 of 14 NonPublished: 3 of 10 Combined: 15 of 24 decisions were reversed in whole or in part COA decisions ordered not published: 2 Finance and Administration Cabinet v...

WORKERS COMPENSATION - Estoppel: Journey Operating, LLC v. Zurich American Insurance Company (COA 11/6/2009)

Posted on January 17, 2010
Journey Operating, LLC v. Zurich American Insurance Company 2009-CA-000279 11/06/09 2009 WL 3673007 Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The Court reversed an opinion and order of the Workers? Compensation Board reversing a decision by the Chief Administrative Law Judge reopening a final decision and finding that an insurer was estopped from terminating benefits...

TORTS - medical negligence, informed consent: Moore v. Saint Joseph Healthcare, Inc. (COA 11/6/2009)

Posted on January 17, 2010
Moore v. Saint Joseph Healthcare, Inc. 2008-CA-002340 11/06/09 2009 WL 3672900 Opinion by Judge Stumbo; Judges Thompson and Wine concurred. The Court affirmed a summary judgment entered in favor of the appellee hospital on appellant?s claim that the hospital was negligent in failing to obtain informed consent before administering a thrombin injection...

TORTS - Mulitple issues from McDonald's 'hoax' case: McDonald's Corporation v. Ogborn (COA 11/20/2009)

Posted on January 17, 2010
McDonald's Corporation v. Ogborn 2008-CA-000024 11/20/09 2009 WL 3877533 Opinion by Judge Acree; Judges Taylor and Thompson concurred. The Court affirmed in part, and reversed in part, a judgment of the circuit court awarding both compensatory and punitive damages...

TORTS - defamation, qualified privilege: Hawkins v. Miller (COA 11/6/2009)

Posted on January 17, 2010
Hawkins v. Miller 2008-CA-001224 11/06/09 2009 WL 3672873 Opinion by Judge Acree; Judges Taylor and Thompson concurred. The Court affirmed a judgment of the circuit court dismissing appellant?s defamation action against his former supervisors and managers at his former place of employment...

TORTS (Premises liability); JUDICIAL ACMISSIONS: Faller v. Endicott-Mayflower, LLC (COA 11/20/2009)

Posted on January 17, 2010
Faller v. Endicott-Mayflower, LLC 2008-CA-001506 11/20/09 2009 WL 3878062 Opinion by Judge Nickell; Chief Judge Combs and Judge Taylor concurred. The Court affirmed a summary judgment in favor of appellees on appellant?s claims related to injuries she sustained when she fell while leaving a restaurant...

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