Kentucky

Appalachian News Express editorial entitled "With malpractice claims declining, insurers should be held accountable" busts the medical insurer's claims for higher premiums is not accurate

Posted on February 17, 2008
The following opinion-editorial from the Appalachian News Report provides a stark contrast with positions taken by the Kentucky Chamber of Commerce, the Kentucky Medical Association, and the Kentucky Institute of Medicine on the need for drastic revisions to the civil justice system in Kentucky...

MINUTES (COA): February 15, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:08)

Posted on February 16, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week.  For our copy of the minutes, click here. 47 rendered decisions - Numbered 171-217 6 published - 176 (crim); 177 (crim); 182 (fam); 192 (probate); 208 (regulatory); 213 (work comp) 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...

Jim Shake For Supreme Court Justice

Posted on February 12, 2008
www.Shakein08.com

PENDING: House Bill 478 to Remove Choice of Reserving Lost Wages.

Posted on February 11, 2008
We previously posted remarks and concerns on a major revision of Kentucky's No Fault Law regarding the payment of personal injury protection benefits.  Rep. Gooch's bill has many features, all of which are signficant, and I simply addressed a few...

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COURTS: Judge Delahanty's standing objection policy to streamline district court practice being appealed by Irv Maze to the Circuit Court

Posted on February 11, 2008
It is now in the appropriate forum as the courts will now decide whether the "standing objections" policy of Judge Sean Delahanty are legal or illegal.  The Courier Journal's characterization of the policy as "don't object" is somewhat misleading since the objections are preserved in the standing policy...

PENDING: "Transparency for election donors sought"

Posted on February 11, 2008
Remember the old adage of "follow the money".  Well, pending legislation in the General Assembly would back that up so we would know who is behind the money behind some political groups claiming to be independent.  Sen. Damon Thayer, R-Georgetown, has proposed this bill, and a "tip of the hat" goes to him for his courage to requires those who are "passing the hat" for contributions which impact the political process...

CRIMINAL: McCracken Circuit Court Judge Craig Clymer asked by prosecutors to forcibly medicate murder defendant to undergo sanity evaluation

Posted on February 11, 2008
Judge weighing whether to forcibly medicate man charged in murder A western Kentucky judge [McCracken Cir. Court Judge Craig Clymer]  is considering whether to order forcibly medicating a man charged with murder so the court can evaluate his sanity and competency...

CITIES: "[Berea] may adopt curfew for juveniles"

Posted on February 11, 2008
Town may adopt curfew for juveniles A Kentucky town may adopt a curfew for juveniles in an effort to slow crime. City officials in Berea say a curfew is needed to curb juvenile crime in the city. herald leader.

PARDONS: "Women pardoned by Fletcher honor former governor"

Posted on February 11, 2008
Women pardoned by Fletcher honor former governor herald leader Former Gov. Ernie Fletcher was honored by a group of women who received pardons or had their sentences commuted by him before he left office.

CHASE LAW: Salmon P. Chase College of Law Places FOURTH in National Arbitration Competition

Posted on February 11, 2008
National Arbitration Competition Won by Texas Tech University School of Law Chase Law places fourth with team consisting of Sue Irion, Nick Maggard, Zachary Corbin & Ioanna Paraskevopoulos Third Annual Competition Promotes Arbitration among Aspiring Attorneys CHICAGO and MINNEAPOLIS , February 11, 2008--Texas Tech University School of Law received top honors in the recent 2007-2008 National Arbitration Competition, co-sponsored by the American Bar Association Law Student Division and the National Arbitration Forum...

PENDING: House Bill 498 (Follow American Medical Association disability guidelines)

Posted on February 10, 2008
Introduced by Rep. Mary  Lou Marzian on February 8, 2008, to adopt the fifth edition of the American Medical Association (AMA) "Guides to the Evaluation of Permanent Impairment". http://www.kentuckyvotes.org/Legislation.aspx?ID=58979 KLB COMMENT:  We support this legislation!

PENDING: Senate Bill 144 (Increase number of circuit judges)

Posted on February 10, 2008
Introduced by Sen. David E. Boswell on February 8, 2008, to increase by one each the number of circuit judges allocated to the Sixth (Daviess) and Fifteenth (Carroll, Grant, and Owen) Judicial Circuits. http://www.kentuckyvotes.org/Legislation.aspx?ID=58973

PENDING: House Bill 85 (Electronic titling of motor vehicles)

Posted on February 10, 2008
House Bill 85 (Electronic titling of motor vehicles)Amendment offered by Rep. Bill Farmer on February 7, 2008. The amendment passed in the House by voice vote on February 8, 2008, to require dealers to participate in electronic titling after the system has been in operation for one year...

PENDING: House Bill 27 (Stopping certain kinds of identity theft)

Posted on February 10, 2008
House Bill 27 (Stopping certain kinds of identity theft)Amendment offered by Rep. Melvin Henley on February 6, 2008. The amendment passed in the House by voice vote on February 8, 2008, to provide that notice is effective after a credit card issuer is in receipt of the notice at least 90 days and allow various parties to share information in order to assure that unsolicited offers are not sent...

PENDING: House Bill 489 (Increase regulation of timber industry)

Posted on February 10, 2008
Introduced by Rep. Leslie Combs on February 7, 2008, to require contracts for sale of timber and specify certain contents of the contracts. The bill requires notice to neighbors of timber cutting and requires marking of cut timber prior to removal from property...

PENDING: Senate Bill 143 (Expand regulation of certain recalled products)

Posted on February 10, 2008
Introduced by Sen. Ernesto Scorsone on February 7, 2008, to prohibit sale of recalled products and require the Cabinet for Health and Family Services to maintain a list of unsafe and recalled children's products and to post the list on their Internet Web site...

PENDING: House Bill 85 (Electronic titling of motor vehicles)

Posted on February 10, 2008
House Bill 85 (Electronic titling of motor vehicles)Amendment offered by Rep. Bill Farmer on February 7, 2008, to require dealers to participate in electronic titling after the system has been in operation for one year. http://www.kentuckyvotes.org/Legislation...

PENDING: Senate Bill 13 (Set up court recall provision for child witnesses)

Posted on February 10, 2008
Reported in the Senate on February 7, 2008, favorably, 1st reading, to Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=54578

PENDING: Senate Bill 16 (Limit on-the-clock political activity of city employees)

Posted on February 10, 2008
Senate Bill 16 (Limit on-the-clock political activity of city employees)Amendment offered by Sen. Dan Seum on January 30, 2008. The amendment passed in the Senate by voice vote on February 7, 2008, to make a title amendment.http://www.kentuckyvotes.org/Legislation...

PENDING: Senate Bill 25 (Tighten DUI penalties)

Posted on February 10, 2008
Senate Bill 25 (Tighten DUI penalties)Amendment offered by Sen. Ray S Jones, II on January 25, 2008. The amendment failed in the Senate (13 to 18) on February 7, 2008, to allow the victim's next of kin to consent in writing to a granting of shock probation...

Op-Ed: Call your Kentucky representative and voice your objection to HB 478

Posted on February 10, 2008
Imagine this situation.  You are in a car wreck and have $10,000 in medical benefits and lost wages protection.  You also have health insurance, but nothing to cover you for lost wages.  The current law allows you to reserve all or part of this $10,000 in benefits (called Personal Injury Protection benefits or PIP) for your wage loss and to direct those benefits to which provider of service you deem necessary...

PENDING: House Bill 478 (Limit what qualifies as a reasonable medical expense)

Posted on February 10, 2008
Introduced by Rep. Jim Gooch, Jr on February 6, 2008, a medical bill shall not be considered reasonable if the cost exceeds the customary charge in cases not involving insurance or the medical bill does not follow the Physicians' Current Procedural Terminology or the bill is not submitted within a certain timeframe...

PENDING: House Bill 362 (Require fewer local governments to provide public advocate services)

Posted on February 10, 2008
Reported in the House on February 6, 2008, favorably, 1st reading, to Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=57889

PENDING: House Bill 70 (Restore voting rights to convicted felons)

Posted on February 10, 2008
Amendment offered by Rep. Jeffrey Hoover on February 6, 2008, to add felons convicted of manslaughter in the first degree to the category of felons that would only have voting rights restored by executive pardon. http://www.kentuckyvotes.org/Legislation...

PENDING: House Bill 27 (Stopping certain kinds of identity theft)

Posted on February 10, 2008
Reported in the House on February 6, 2008, favorably, 1st reading, to Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=54143

PENDING: Senate Bill 139 (Allow wrongfully imprisoned people to sue the Commonwealth)

Posted on February 10, 2008
Introduced by Sen. Gerald A. Neal on February 5, 2008, to allow people who are wrongfully imprisoned to sue the Commonwealth for $25,000 per year of imprisonment and attorneys fees incurred during the criminal prosecution and the civil suit for restitution...

PENDING: House Bill 85 (Electronic titling of motor vehicles)

Posted on February 10, 2008
Reported in the House on February 5, 2008, favorably, 1st reading, to Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=54956 KLB COMMENT:  Of course, have they nailed down the procedures for seeing that the sold vehicle is insured at the time of the sale, the name of the insurer, and what proof is required by the dealer (and how long must they keep proof of insurance documents upon the sale)...

PENDING: House Bill 70 (Restore voting rights to convicted felons)

Posted on February 10, 2008
Reported to the House on February 5, 2008, favorably, 1st reading, to Calendar . http://www.kentuckyvotes.org/Legislation.aspx?ID=54177

PENDING: House Bill 451 (Limit attorney's fees for certain international adoptions)

Posted on February 10, 2008
Introduced by Rep. Bill Farmer on February 4, 2008, to limit attorney fees to $750 for international adoptions involving children who are not granted citizenship upon entry to the United States. http://www.kentuckyvotes.org/Legislation.aspx?ID=58669

PENDING: House Bill 247 (Prohibit unsolicited faxes)

Posted on February 10, 2008
House Bill 247 (Prohibit unsolicited faxes)Amendment offered by Rep. Bill Farmer on February 4, 2008, to add a prohibition of unauthorized cellular or wireless communications text message solicitations. The amendment also provides an exception when business relationship already exists and sets a maximum fine of $2000 for willful violation...

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