Kentucky

COA: Vanmeter Acting Chief Judge of COA

Posted on May 12, 2010
Kentucky Court of Appeals Judge Laurance B. VanMeter is serving as the court?s acting chief judge following the resignation of Judge Sara Walter Combs. Her resignation as chief judge was effective today. ?I have worked with Judge Combs for many years and have admired her leadership as chief judge,? Judge VanMeter said...

AOC: Sara Combs steps down as Court of Appeals Chief Judge

Posted on May 12, 2010
It has been my privilege and honor to serve on the Court of Appeals as its Chief Judge for the past 6 years. Today, it is with both joy and some measure of nostalgia that I announce that I am relinquishing the position of Chief Judge effective immediately...

Salesman sues Oxmoor Toyota for harassment

Posted on May 06, 2010
From the Courier Journal: Salesman sues Oxmoor Toyota for harassment An African-American salesman at Louisville's Oxmoor Toyota has sued the dealership for racial harassment and hate crimes, alleging that two supervisors insulted him with racial slurs and gave him pictures of gorillas eating watermelon.

FEDERAL: Hale and Harvey New US Attorneys for Kentucky

Posted on May 05, 2010
From the Courier Journal: Two U.S. attorneys confirmed for Kentucky The new U.S. attorney for the Western District of Kentucky is no stranger to that office or the federal courts. David J. Hale, who was confirmed Thursday night by the U.S. Senate by unanimous consent, served from 1995 to 1999 as an assistant U...

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From the Bluegrass Politics Blog (Herald-Leader): "Kentucky courts slashing 113 jobs"

Posted on May 04, 2010
From the Bluegrass Politics Blog (Herald-Leader): This post regarding the AOC budget is of such importance and puts a little more meat to the AOC press release, I have taken the liberty to post most of Beth Musgrave's piece from the Herald Leader. Please note that this looks like a "real" budget cut, unlike the one last year when many jobs were eliminated but most were rehired at other positions...

LOUISVILLE NEWS: "Louisville lawyer charged with renting out man?s condo for 12 years after his death (13) (4/27/10)"

Posted on May 03, 2010
From the Courier Journal: Louisville lawyer charged with renting out man?s condo for 12 years after his death (13) (4/27/10) A Louisville attorney has been charged with defrauding an estate by continuing to rent a dead man?s condominium for nearly 12 years after his death...

LOUISVILLE NEWS: "Genny?s Diner owner sentenced to 365 days of home incarceration "

Posted on May 03, 2010
Sumpin' just don't sound right here, but you read the story and the comments to reach your own conclusions. From the Courier Journal: Genny?s Diner owner sentenced to 365 days of home incarceration (33) (4/27/10) A judge sentenced Genny?s Diner owner Frank Faris to 365 days of home incarceration Tuesday for failing to repair, sell or give away the dilapidated house he owns next to the diner on Frankfort Avenue in Clifton...

Legal News from Around the Circuit - 5/2/2010

Posted on May 03, 2010
Some headlines and news shorts: From the Courier Journal: Police admit teen wrongfully charged, deny cover-up (20) (5/1/10) Previous connections: Defense attorney, sergeant in '05 court battle (10) (5/1/10) 66 arrests at Churchill Downs Saturday during Kentucky Derby 2010 (5) (5/1/10) Man sought on murder charge for 2004 Parkhill shooting (14) (4/30/10) Salesman sues Oxmoor Toyota for harassment (52) (4/29/10) Data on 24,600 hospital patients missing (19) (4/29/10) Kentucky courts must cut 100 jobs, abolish programs due to budget shortfall (7) (4/29/10) Judge asked to bar mines from warning of inspections (4) (4/28/10) Law firm sued over referral service (8) (4/28/10) Tandy, O?Connell reject conservative endorsement (6) (4/27/10) Louisville lawyer charged with renting out man?s condo for 12 years after his death (13) (4/27/10) Churchill settles antitrust claims against horsemen group (4/27/10) Spencerian College files lawsuit over registered nursing program?s probation (4/27/10) Genny?s Diner owner sentenced to 365 days of home incarceration (33) (4/27/10)

UofL Law Moot Court Teams Meets National Success

Posted on May 03, 2010
From University of Louisville Brandeis School of Law Blog: Moot Court Teams Meet National Success By vmsmit06 on Student A moot court team from the UofL Brandeis School of Law recently won a national championship in the New York University Immigration Law Competition, placing first out of 16 teams from around the country...

GOV'T: " Stanford University Study Expresses Serious Concern About Funding of Ky. State Pension System"

Posted on May 03, 2010
From Stan Billingsley's LawReader Blog: Stanford University Study Expresses Serious Concern About Funding of Ky. State Pension System

MEDICAL: Data on 24,600 hospital patients missing

Posted on May 02, 2010
Most lawyers know already that the contents and history of many medical records are not as accurate or as through as many might think. When a psychiatric hospital cannot keep track of such sensitive records storage and maintenance, what about what goes in those records in thie first place: From the Courier Journal: Data on 24,600 hospital patients missing A flash drive containing personal information on 24,600 patients is missing from Our Lady of Peace psychiatric hospital, prompting it to warn those patients they could be at risk for fraud.

From the Kentucky Administrative Office of the Courts: Kentucky courts will axe 113 positions over the coming months to help make up an expected $6.8 million shortfall for the fiscal year that begins July 1.

Posted on May 02, 2010
From the Courier Journal: Kentucky courts must cut 100 jobs, abolish programs due to budget shortfall A budget shortfall is forcing the state's court system to eliminate more than 100 jobs, slash court spending at all levels and abolish some popular programs such a special drug court within some family and juvenile court systems...

More on "LOUISVILLE: Louisville/Florida "Law firm sued over referral service""

Posted on May 02, 2010
Here is a copy of the complaint referenced in my earlier post and which was the subject of Mr. Wolfson's story From the Courier Journal: LOUISVILLE: Louisville/Florida "Law firm sued over referral service"CLICK HERE OR COPY OF COMPLAINT IN PDF FORMAT.

LOUISVILLE: Louisville/Florida "Law firm sued over referral service"

Posted on April 29, 2010
From the Courier Journal is a story on the second lawsuit filed against local law firm Winters & Yonker (fka Winters Yonker & Rousselle) Unlike the first law suit filed by Sharon Langford, this suit names only the lawyers as defendants. Ms. Langford's suit named the lawyers and the referral service and doctor's office (Ask Gary and 1st Physicians Rehabilitation)...

Pundits, pranksters, and those pesky bloggers are at it again

Posted on April 28, 2010
Much is being said about the increasingly shrinking Courier-Journal and other local newspapers. The blame is aplenty, and oftentimes bloggers get the fickle finger pointed at them. However, as I pick up my morning CJ and note that it's the size of my old high school newspaper, I, too, wonder what is the problem...

Around the 'circuit' legal news stories - Apr. 27, 2010

Posted on April 28, 2010
Yeah, I know. It's been awhile since I ran the circuit of legal stories. But here's one today. Churchill settles antitrust claims against horsemen group Spencerian College files lawsuit over registered nursing program's probation Genny's Diner owner sentenced to 365 days of home incarceration Massey defends itself, questions MSHA actions Prosecutors don't object to delaying Sypher extortion trial Man claims store cost him $11...

"Court: Only state Senate can confirm appointees" - From the Bluegrass Politics Blog (Herald-Leader):

Posted on April 28, 2010
From the Bluegrass Politics Blog (Herald-Leader): Court: Only state Senate can confirm appointees By Government Editor on State Government By ROGER ALFORD - Associated Press Writer FRANKFORT, Ky. -- One of the most recognizable names in Kentucky education circles won a victory Thursday in a legal fight of constitutional significance...

Ky. Supreme Court warns that KBA ethics opinions may have improper chilling effect on attorney conduct. Rule provides method to seek review of Ethics Committee rulings.

Posted on April 27, 2010
From Stan Billingsley's LawReader Blog: Ky. Supreme Court warns that KBA ethics opinions may have improper chilling effect on attorney conduct. Rule provides method to seek review of Ethics Committee rulings.

U.S. Court of Appeals Senior Judge Pierce Lively to give keynote speech at Kentucky?s Law Day celebration April 30

Posted on April 27, 2010
U.S. Court of Appeals Senior Judge Pierce Lively to give keynote speech at Kentucky?s Law Day celebration April 30 Senior Judge Pierce Lively of the United States Court of Appeals for the Sixth Circuit will be the keynote speaker for the 2010 Law Day celebration at 10 a...

COURTS: "Study skews view of courts"

Posted on April 26, 2010
Maresa Fawns with the Kentucky Justice Association wrote a compelling, credible, and concerned response to the biased and manipulative study conducted by the U.S. Chamber of Commerce regarding the nation's courts and lawsuit climate. "The Chamber's" goal is to promote business and profits and resists government regulation, union representation, and anything else that get's between business and profits...

From the Courier Journal: Kentucky Supreme Court rejects state funding for Baptist college

Posted on April 23, 2010
Kentucky Supreme Court rejects state funding for Baptist college By Deborah Yetter ? dyetter@courier-journal.com ? April 22, 2010 The Kentucky Supreme Court ruled unanimously Thursday that the legislature violated the state constitution?s ban on public funding for religious education when it allocated $10 million to build a pharmacy school at a Baptist college in southeastern Kentucky...

"U.S. SUPREME COURT, REINSTATES CLASS ACTION SUIT THAT ACCUSES ALLSTATE OF ROUTINELY REFUSING TO PAY INTEREST WHEN IT IS LATE WITH A BENEFIT PAYMENT"

Posted on April 22, 2010
The salami technique of lots of little slices and thus skimming a small sum of money over a large number of times can produce large amounts in the end. What do I mean. Skim a few cents from each transaction and then multiply the number of transactions ad infinitum and you can get big bucks...

Case Manager Position Available at Louisville Law Firm

Posted on April 22, 2010
Case Manager position available for fast paced local law firm. Must be dependable, energetic and hardworking. Excellent phone skills a must. Organizational, typing & computer skills required. Legal experience preferred. Competitive pay & excellent benefits...

LOUISVILLE: Friday is Legal Aid's Seventh Annual Brush, Bottle and Barrel of the Bluegrass

Posted on April 22, 2010
Tomorrow is Legal Aid's Seventh Annual Brush, Bottle and Barrel of the Bluegrass PLEASE JOIN Raymond Burse Allen Dodd, Sr. Douglass Farnsley C. Edward Glasscock Kevin J. Hable W. Bryan Hudson Eric L. Ison Scott E. Karem Donna King Perry Susan D. Phillips Bill V...

Thomas McAdam and the City Hall Beat at the Examiner of Louisville!

Posted on April 21, 2010
The Louisville Examiner is an on-line newspaper publication that has its roots in the Hearst organization. Unlike the blogs which rely upon the major media outlets for their content, it looks like the Examiner uses contributors who provide original content and commentary...

"BOONE PROSECUTOR CAUSES MISTRIAL BY HEARSAY IN OPENING STATEMENT IN DEATH PENALTY CASE. CRAWFORD V. WASHINGTON CONFRONTATION RULE VIOLATED."

Posted on April 21, 2010
From Stan Billingsley's LawReader Blog: BOONE PROSECUTOR CAUSES MISTRIAL BY HEARSAY IN OPENING STATEMENT IN DEATH PENALTY CASE. CRAWFORD V. WASHINGTON CONFRONTATION RULE VIOLATED. By Stan on Uncategorized Assistant Boone Commonwealth Attorney Jason Hiltz made a major error in his opening statement in a death penalty case being tried in the Boone Circuit Court...

From the Courier Journal: Trucks more likely to be involved in fatal accidents

Posted on April 20, 2010
From the Courier Journal: Trucks more likely to be involved in fatal accidents Large trucks in Kentucky account for a disproportionate share of the state's fatal crashes, including the March 26 collision in Hart County that was among the nation's deadliest truck accidents in the last 20 years, according to federal reports.

From the Courier Journal: Ex-McMahan fire chief arraigned on embezzling charges

Posted on April 20, 2010
Ex-McMahan fire chief arraigned on embezzling charges Former McMahan Fire Chief Paul Barth will remain free as he awaits a June trial on federal charges that he embezzled at least $189,000 from the Crusade for Children.

Around the horn and political postings

Posted on April 20, 2010
From around the blog and news sites are some other stories of note. One can't help but sense a change in the air. Will it be an ill wind, just wind, or a good wind? Time will tell, but I will keep winking, blinking,and linking. SPRINGSTON RECEIVES EVEN MORE ENDORSEMENTS WHAT DO DISTRICT 13 METRO COUNCILWOMAN VICKIE WELCH AND COUNTY ATTORNEY MIKE O'CONNELL HAVE IN COMMON? JIM KING: QUIT THE SPIN AND GIVE IT UP COUNCILMAN KELLY DOWNARD ENDORSES SPRINGSTON Oh Snap Monday! No Budget, Kentucky?s Still Broke Legislative Branch Just Extreme Smoke & Mirrors

Judicial Politics, Big Bucks, and Blankenship - a recipe for disaster

Posted on April 20, 2010
Massie Energy, Don Blankenship, and the legal system. Not a good combination over the years. Now, with the mining disaster in my home state of West Virginia, Blankenship and money are now synonymous with death and profits. See, eg., Daily Kos: Blankenship's Bloody Coal Mine: A Deluge of Violations One no longer needs to read the tea leaves from the past to figure out what lies in our future with the recent Supreme Court's opening the flood gates on campaign contributions and the negative implications on the judiciary and judicial elections...

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