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Kentucky

Kentucky Cases

Published decisions of the Kentucky Supreme Court and Court of Appeal including arguement calendars, minutes, and court news.

Post Frequency: 11.5/day

Last Entry: March 27, 2011 at 22:42:59

Rule 11 sanctions not pend time for appeal and appellate review on imposition of thereof per "abuse of discretion": HINES V. BARNETT BANK OF TAMPA, NA (COA 3/28/2008)

Posted on June 07, 2008
HINES V. BARNETT BANK OF TAMPA, NA CIVIL PROCEDURE: RULE 11; new standard of review on imposition of sanctions relying on abuse of discretion 2006-CA-000216 PUBLISHED: DISMISSING IN PART AND AFFIRMING IN PART PANEL: ACREE PRESIDING; CLAYTON, WINE CONCUR JEFFERSON COUNTY DATE RENDERED: 3/28/2008 This appeal follows on a failed intervention in which the time for appealing had expired and the attorney and litigants were hit with Rule 11 sanctions for the attempted intervention...

March 21, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:15)

Posted on June 05, 2008
HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 43 rendered decisions Nos...

State court has jurisdiction to modify divorce decree to resolve disagreements in federal retirement benefits with FAA: DOERR V. DOERR (COA 3/21/2008)

Posted on June 05, 2008
DOERR v DOERR FAMILY LAW: Relief From Agreement, Jurisdiction To Modify 2006-CA-000739 PUBLISHED: REVERSING AND REMANDING PANEL: ACREE PRESIDING; COMBS, TAYLOR CONCUR FROM JEFFERSON COUNTY DATE RENDERED: 3/21/2008 The parties were divorced in 1990 and the divorce decree contained a provision regarding the husband?s retirement benefits...

Failure to revive action within one year results in dismissal and attempt to amend complaint fails: FRANK v. THE ESTATE OFJOHN ENDERIE (COA 3/21/2008)

Posted on June 05, 2008
FRANK v. THE ESTATE OF JOHN ENDERIE CIVIL PROCEDURE: Failure to revive cause of action and no duty on defense counsel to open estate 2006-CA-001106 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CAPERTON, TAYLOR CONCUR COUNTY: JEFFERSON DATE RENDERED: 3/21/2008 Court of Appeals affirms dismissal of action for failure to revive within one year of the death of the alleged tortfeasor...

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Will which excluded illegitimate children upheld: CAREY v. JAYNES (COA 3/21/2008)

Posted on June 05, 2008
CAREY v. JAYNES PROBATE: Will which excluded illegitimate children upheld 2007-CA-000148 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; DIXON, KNOPF CONCUR COUNTY: MADISON DATE RENDERED: 4/10/2008 This case involved the attempt of an illegitimate child to obtain a share of her father?s estate...

Ability to cancel contract for "any reason" made it illusory and pre-release for liability for negligence is against public policy when clearly inferior bargaining position: SPEEDWAY SUPERAMERICA v. ERWIN (COA 3/21/2008)

Posted on June 05, 2008
SPEEDWAY SUPERAMERICA v. ERWIN CONTRACTS: Ability to cancel contract for "any reason" made it illusory and pre-release for liability for negligence is against public policy when clearly inferior bargaining position 2007-CA-000451 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; LAMBERT, ROSENBLUM CONCUR COUNTY: GREENUP DATE RENDERED: 3/21/2008 Speedway appeals from an order dismissing its counterclaim against Sebert L...

TORTS: Store owner had probable cause to reasonably detain customer had sounded the alarm when she left store: MESSER v. ROBINSON (COA 3/21/2008)

Posted on June 05, 2008
MESSER v. ROBINSON TORTS: False imprisonment, probable cause, and shopkeeper's privilege 2007-CA-000977 PUBLISHED: REVERSING PANEL: ACREE PRESIDING; STUMBO, GRAVES CONCUR COUNTY: CLAY DATE RENDERED: 3/21/2008 In this false imprisonment case, a customer brought action against a retail store and its manager, alleging she was wrongfully detained after her bags caused the store security alarm to sound...

Minutes for Kentucky Court of Appeals for MAY 30, 2008 (COA) (2008:27)

Posted on June 02, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 18 rendered decisions - Numbered 631-648 1 published - 637 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Court of Appeals for MAY 23, 2008 (COA) (2008:26)

Posted on June 02, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 25 rendered decisions - Numbered 606-630 2 published - 617; 627 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

NEWS: Monthly "zip" file of "Most Recent Supreme Court" Decisions

Posted on May 24, 2008
AOC offers the most recent Supreme Court decisions (published and unpublished) in a "zipped" file for each month. You can now download quickly and easily ALL the decisions matching up to the most recent minutes in one fail swoop. The zip file is downloaded to your computer, and then you will need an 'unzipping' program (several on the market, many shareware and/or free or low cost) to unzip the file which saves each decision by "case number" onto your hard drive...

Minutes for Kentucky Supreme Court for May 22, 2008 (2008:25)

Posted on May 24, 2008
Click here for minutes at AOC with links to full text of each decision 19 rendered decisions: 103-121 9 published (103-111) 5 disciplinary matters 4 of 40 motions granted discretionary review - 10% grant rate Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.

MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14)

Posted on May 22, 2008
MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 50-70 21 decisions rendered with 9 published; 7 Disciplinary cases with 4 published; 5 of 44 discretionary reviews granted (or 11...

Exception for reopening claim applied retroactively: OFFICEWARE V. JACKSON (SC 3/20/2008)

Posted on May 22, 2008
OFFICEWARE V. JACKSON WORKERS COMP: Time period for reopening claim 2007-SC-000303-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT DATE RENDERED: 3/20/2008 SC affirmed ALJ's holding that reopening claim was not time barred finding that the statutory amendment adding an exception to the four-year limitations period for reopening a workers' compensation claim after original award existed for a claim seeking temporary total disability benefits during period of original award was is a remedial provision involving a change to the procedural requirements for reopening, and thus, the exception applies retroactively to original claims that arose and were decided before the amendment's July 14, 2000 effective date...

Agreement upon reduction in force including language "of any and all claims" includes subsequently discovered discrimination claim: HUMANA, INC. V. BLOSE (SC 3/20/2008)

Posted on May 22, 2008
HUMANA, INC. V. BLOSE TORTS: Agreement upon reduction in force including language "of any and all claims" includes subsequently discovered discrimination claim 2006-SC-000783-DG.pdf PUBLISHED: REVERSING OPINION BY SCOTT JEFFERSON COUNTY DATE RENDERED: 3/20/2008 The Supreme Court reverses (Jefferson Cir...

Consumer Protection Act applied to attempted used car sale even tho not yet "purchasers": CRAIG & BISHOP, INC. V. PILES (SC 3/20/2008)

Posted on May 22, 2008
CRAIG & BISHOP, INC. V. PILES TORTS: CONSUMER PROTECTION ACT applied to attempted used car sale even tho not yet "purchasers" 2005-SC-000999-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART OPINION BY MINTON JEFFERSON COUNTY DATE RENDERED: 3/20/2008 In this case, the Kentucky Supreme Court addresses the scope of the Kentucky Consumer Protection Act (KCPA) and the legislative intent behind it in order to determine whether Appellees Piles and Warner presented sufficient evidence to recover damages from Appellant stemming from an attempted used car sale...

City's tax increase subject to 45 day rule unless adopt county's assessment: LIGHT V. CITY OF LOUISVILLE (SC 3/20/2008)

Posted on May 22, 2008
LIGHT V. CITY OF LOUISVILLE REVENUE AND TAXATION:City's tax increase subject to 45 day rule unless adopt county's assessment 2005-SC-000759-DG.pdf PUBLISHED: AFFIRMING OPINION BY SPECIAL JUSTICE JAMES PARSONS ABRAMSON, SCHRODER NOT SITTING JEFFERSON COUNTY DATE RENDERED: 3/20/2008 The Appellants "Lights" taxpayers brought a class action suit against the City of Louisville seeking a declaration or rights and refunds after the city had denied their action challenging the rate...

New hearing not required following delinquent entry of dissolution decree: THOMAS V. THOMAS (SC 3/20/2008)

Posted on May 22, 2008
THOMAS V. THOMAS CRIMINAL: Delinquent entry of decree; new hearing not required 2006-SC-000526-DG.pdf PUBLISHED: AFFIRMING OPINION BY NOBLE LAMBERT CONCURS IN RESULT ONLY; MINTON NOT SITTING DATE RENDERED: 3/20/2008 Ex-Wife raised 2 claims of error to SC: (1) that CA erred in affirming TC?s decision not to grant a hearing on evidence arising subsequent to DRC?s oral ruling ; and (2) that CA improperly applied the facts and holdings of Dubick v...

Acting as owner of vehicle can qualify as owner for purposes of forfeiture of vehicle used in drug trafficking: COM. V. COFFEY (SC 3/20/2008)

Posted on May 22, 2008
COM. V. BARRY COFFEY CRIMINAL: Acting as owner of vehicle can qualify as owner for purposes of forfeiture of vehicle used in drug trafficking 2006-SC-000172-DG.pdf PUBLISHED: REVERSING OPINION BY NOBLE MINTON DISSENTS BY SEPARATE OPINION IN WHICH ABRAMSON JOINS BARREN COUNTY DATE RENDERED: 3/20/2008 The single issue on appeal in this case is whether the bare title holder of a vehicle, which is in fact under the dominion and control of a defendant who used the vehicle for drug trafficking, is the "owner" of the vehicle for purposes of forfeiture pursuant to KRS 218A...

Suspect was not in custody during interrogation he was free to leave: BECKHAM V. COM. (SC 3/20/2008)

Posted on May 22, 2008
RODNEY DOUGLAS BECKHAM V. COM. CRIMINAL: Suspect was not in custody during interrogation he was free to leave 2006-SC-000136-MR.pdf PUBLISHED: AFFIRMING OPINION BY MINTON NOBLE CONCURS IN PART AND DISSENTS IN PART BY WHICH SCHRODER AND SCOTT JOIN BOONE COUNTY DATE RENDERED: 3/20/2008 SC affirmed Beckham's convictions and life sentence for murder and PFO 1st...

Nontestifying informants recorded statements not violate right of confrontation: TURNER V. COM. (SC 3/20/2008)

Posted on May 22, 2008
JAMIE TURNER V. COM CRIMINAL: Nontestifying informants recorded statements not violate right of confrontation 2006-SC-000097-MR.pdf PUBLISHED: AFFIRMING OPINION BY ABRAMSON BREATHITT COUNTY DATE RENDERED: 3/20/2008 Commonwealth's introduction of recorded drug transactions did not violate Turner's right to confrontation...

Overreaching indemnity agreement held unenforceable: LACK V. MAN O'WAR LLC (SC 3/20/2008)

Posted on May 22, 2008
LACH V. MAN O'WAR, LLC INDEMNIFICATION AGREEMENT: Unenforceable under certain circumstances 2005-SC-001014-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY SCOTT ABRAMSON DISSENTS BY SEP. OPINION WITH MINTON JOINING DISSENT; NOBLE NOT SITTING FAYETTE COUNTY DATE RENDERED: 3/20/2008 The contract involved in the Court of Appeals case Speedway SuperAmerica, LLC v...

LAWWIRE: March 14, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:13)

Posted on May 21, 2008
HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 29 rendered decisions Nos...

JUVENILES: Reinstating dependent's commitment to continue education: COM. V. M.(C.) (COA 3/14/2008)

Posted on May 21, 2008
COMMONWEALTH V. M.(C.) JUVENILES: Reinstating dependent's commitment to continue education 2007-CA-001468 PUBLISHED: AFFIRMING PANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCUR COUNTY: KENTON DATE RENDERED: 3/14/2008 COA held the trial court had authority to reinstate a dependent's commitment to Cabinet for Health and Family Services for purpose of facilitating the dependent's college education until the age of 21 in spite of the fact that the Cabinet had made an earlier decision to suspend such commitment after dependent had previously decided to quit college; dependent sought reinstatement after changing her mind about school and wishing to go to college...

Child custody jurisdiction and out of state proceedings: SKINNER V. SKINNER (COA 3/14/2008)

Posted on May 21, 2008
SKINNER V. SKINNER FAMILY LAW: Child custody jurisdiction 2006-CA-002523 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: WAYNE DATE RENDERED: 3/14/2008 Dad appealed from TC?s order sustaining Mom?s motion asking TC to take jurisdiction of child custody matters stemming from a prior dissolution of marriage proceeding in Tennessee...

REAL PROPERTY: Oil and gas lease interpreted that "commencing" a well did not mean re-establishing an existing well on the property: HEEL V. CHADWICK (COA 3/14/2008)

Posted on May 21, 2008
HEER V. CHADWICK REAL PROPERTY: Oil and gas lease interpreted that "commencing" a well did not mean re-establishing an existing well on the property 2006-CA-001489 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; LAMBERT, HENRY CONCUR COUNTY: METCALFE DATE RENDERED: 3/14/2008 This was a combined appeal interpreting language in an oil and gas lease from the Fraser sisters which included the condition that ?[i]f no well be commenced on said premises on or before the 1[sic] day of July 2005 this lease shall terminate as to both parties...

LAWWIRE: March 7, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:12)

Posted on May 19, 2008
March 7, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:12) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 37 rendered decisions Nos...

U.S. 6th Cir. Decisions for Week of May 12-16, 2008 (No Ky cases)

Posted on May 19, 2008
U.S. 6th Cir. Decisions for Week of May 12-16, 2008 (No Ky cases) posted.

Minutes for Kentucky Court of Appeals for MAY 16, 2008 (COA) (2008:24)

Posted on May 19, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 34 rendered decisions - Numbered 572-605 4 published -573; 578; 588; 601 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Payable PIP deducted from UIM recover even when it looks like it never will be payable and no Minton reduction given for WC offset against UIM: KENTUCKY SCHOOL BOARD ASSOCIATION V. JEWELL (COA 3/7/2008)

Posted on May 18, 2008
KENTUCKY SCHOOL BOARD ASSOCIATION V. JEWELL INSURANCE: PIP, WORKERS COMPENSATION AND SUBROGATION 2006-CA-001995 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: HENRY PRESIDING; COMBS, ACREE CONCUR COUNTY: WHITLEY DATE RENDERED: 3/7/2008 This case has an unsual procedural history since the first decision was not published, then following a request for reconsideration by the COA, the request was granted and a revised opinion published! A motion for discretion review was filed on 4/7/2008 with the Supreme Court...

Post-verdict proceedings and grant of mistrial reviewed: CHARLES D. WILLIAMS AS ADMINISTRATOR FOR THE ESTATE OF LESLIE DUNAGAN, ET AL. V. PRIMARY CARE ASSOCIATES OF SOUTHERN KENTUCKY, PLLC, ET AL. (COA 3/7/2008)

Posted on May 18, 2008
CHARLES D. WILLIAMS AS ADMINISTRATOR FOR THE ESTATE OF LESLIE DUNAGAN, ET AL. V. PRIMARY CARE ASSOCIATES OF SOUTHERN KENTUCKY, PLLC, ET AL. TORTS: MEDICAL NEGLIGENCE CIVIL PROCEDURE: POST-VERDICT PROCEEDINGS - ABILITY TO ORDER MISTRIAL AFTER JURY RENDERS VERDICT 2006-CA-002610 PUBLISHED: REVERSING AND REMANDING WITH DIRECTIONS PANEL: TAYLOR PRESIDING; THOMPSON, BUCKINGHAM CONCUR COUNTY: BARREN DATE RENDERED: 3/28/2008 The estate and the decedent's parents appeal a judgment entered in favor of Appellees following a second jury trial on their medical malpractice claim after the first trial resulted in a mistrial being ordered by the TC...

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