Kentucky

HOW TO GET AROUND THE COM. ATTN. AND APPEAR BEFORE THE GRAND JURY TO OFFER EVIDENCE THAT MAY PREVENT AN INDICTMENT?

Posted on March 04, 2008
Article by LawReader Senior Editor Stan Billingsley              March 4, 2008 A Grand Jury has the function?of protecting citizens against unfounded criminal prosecutions. Question:  What do you do when you know a case is coming before the Grand Jury and the prosecutor will not allow you to testify or will not call you as a witness, and your [...

U.S. Supreme Court setbacks IRS in tax evasion case. Ct. fails to set aside Michigan rule allowing product liability suits where FDA was defrauded in drug application

Posted on March 03, 2008
Also see other Supreme Court news: Jeannie Shawl JURIST  March 3, 2008  The US Supreme Court [official website; JURIST news archive] handed down decisions in two cases Monday, including Boulware v. US, where the Court overturned a Ninth Circuit decision upholding a criminal tax evasion prosecution...

Florida law limiting attorney fees in Worker Comp. cases to be heard by Fla. Sup. Ct. and may set precedent

Posted on March 03, 2008
?By severely limiting the fees available to a claimant’s counsel … and imposing no limits on fees paid by an employer/carrier to defend a claim, the statute denies equal protection to injured employees.?  March 3, 2008  Ledger.com AUBURNDALE | Business owners, hang on to your wallets...

Horse Breeder makes compelling argument for casino bill.

Posted on March 03, 2008
A horse breeder has explained to LawReader why his industry favors a casino bill that reserves five casino licenses for the horse industry. The version of the referendum bill passed by the House last week, (which left the race track sites to the pleasure of future legislatures), is predicted by some to be doomed to failure...

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Governor and Attorney General Announce Settlement In University Board Case. Attrition will be used to balance trustees

Posted on March 03, 2008
March 4, 2008 Governor Steve Beshear and Kentucky Attorney General Jack Conway today announced a settlement agreement that will resolve litigation filed by former Attorney General Greg Stumbo against former Governor Ernie Fletcher. ?I am pleased the matter has been resolved without further litigation or detraction from the work of the universities,? said Gov...

Federal Drug Sentencing Guidelines Take Effect

Posted on March 03, 2008
By KAREN MATTHEWS ? ap  NEW YORK (AP) ? Marsha Cunningham was no drug dealer. But when authorities busted her boyfriend in the 1990s for selling crack and powdered cocaine, they also arrested her on a crack possession charge.  Her sentence: Fifteen years behind bars, only two less than her boyfriend got...

This week in Frankfort ? Feb. 25 to March 1, 2008

Posted on March 02, 2008
FRANKFORT — A major reform of the state’s public-employee and teacher retirement systems — systems beset with unfunded liabilities totaling billions of dollars — passed the House unanimously this week, a week that also saw a constitutional amendment on casino gambling approved by a House committee...

Foreclosure bill passes House, 87-0

Posted on March 02, 2008
Legislation aimed at improving the state’s mortgage fraud and lending laws to address Kentucky’s rising number of foreclosures has passed the House.    House Bill 552, sponsored by Rep. Tommy Thompson, D-Owensboro, includes several enforcement and consumer protection provisions, including a reduction in possible prepayment penalties, a prohibition on interest-only high cost loans, stronger penalties for mortgage [...

Judge Reverses His Order Disabling Web Site

Posted on March 02, 2008
By JONATHAN D. GLATER New York Times March 2, 2008 SAN FRANCISCO ? A federal judge on Friday withdrew his earlier order disabling a Web site that allows the anonymous posting of documents to discourage unethical behavior in governments and corporations...

The Kentucky Legislature is working hard to be as unpopular as the U.S. Congress

Posted on March 01, 2008
The public is twenty years ahead of the Legislature.  Editorial by LawReader Senior Editor Stan Billingsley ? March 1, 2008   The public in poll after poll rates the U.S. Congress in popularity about at the same rate as used car salesmen.  The AP-Ipsos poll  conducted in January gave a job approval rating for Congress at only  35 [...

Sometimes elimination of options will assure success

Posted on March 01, 2008
The Advantages of Closing a Few Doors  By JOHN TIERNEY New York Times Feb. 26, 2008  The next time you?re juggling options ? which friend to see, which house to buy, which career to pursue ? try asking yourself this question: What would Xiang Yu do?  Xiang Yu was a Chinese general in the third century [...

LawReader announces technical improvements.

Posted on March 01, 2008
New search capabilities allow the fastest searchs in the industry. Find a case synopsis, statute or rule in seconds…far easier to use than our competitors.Update on New Technical Changes at LawReader: For the last year and a half, we have been moving towards a number of changes to LawReader...

Kentucky Court of Appeals to hear oral arguments March 5 in Bowling Green

Posted on March 01, 2008
March 1, 2008  FRANKFORT, Ky. – The Kentucky Court of Appeals will hear oral arguments at the Warren County Justice Center in Bowling Green on Wednesday, March 5. The proceedings are open to the public.  A three-judge panel consisting of Judge Joy A...

KBA needs your participation in important online survey

Posted on February 29, 2008
The Kentucky Bar Association is requesting your input to plan for the future.  They are asking that all KBA members complete an online survey to provide your feedback on the KBA.   We have taken the survey and are impressed with the way the survey is set up...

What?s Happening in Prisons? Crime rates flat while prisons bulge.

Posted on February 29, 2008
By DAVID CRARY,  AP  2008-02-28 Nation News  NEW YORK - For the first time in U.S. history, more than one of every 100 adults is in jail or prison, according to a new report documenting America’s rank as the world’s No. 1 incarcerator. It urges states to curtail corrections spending by placing fewer low-risk offenders behind [...

Is John McCain constitutionally ineligible to serve as president?

Posted on February 28, 2008
Feb. 29, 2008 by LawReader Senior Editor Stan Billingsley ? A news story broke on Feb. 28th. which suggested that an issue has been raised about the eligibility of Sen. John McCain to serve as president due to the fact he was born outside of the United States...

EASTER COMES EARLY THIS YEAR?ON MARCH 23. HOW IS THE DATE FOR EASTER DETERMINED?

Posted on February 28, 2008
The next time it will be a day earlier (March 22) will be in the year 2285 (277 years from now).  By LawReader CEO Gwen Billingsley ? Feb. 28, 2008   Easter this year is: Sunday, March 23, 2008, as you may know Easter is always the 1st Sunday after the 1st full moon after the Spring Equinox [...

Articles on Civil False Claims Act, Chap. 9 , 403(b) Rules, and Revenue Ruling

Posted on February 28, 2008
CIVIL FALSE CLAIMS ACT: The Supreme Court Hears Argument On “Presentment” Requirement In The False Claims Act: Justices´ Questioning Probed Statutory Construction Issues As Well As Unusual Evidentiary Posture Of The Case Fallout From The Credit Crunch May Squeeze Municipalities: Is It Time to Dust Off Rarely-Used Chapter 9  (Chap...

United States: N.Y. Appellate Court Upholds Right Of Former Directors And Officers To Corporate Attorney-Client Privileged Documents In Defense Of Third Party Action

Posted on February 28, 2008
22 February 2008  Article by Marvin G. Pickholz   The New York Supreme Court, Appellate Division, First Department, on February 19, 2008, ruled that former officers and directors of a public corporation are entitled to access to memoranda containing legal advice to the corporation...

Court Facilities Standards Committee to review judicial center projects for Campbell, Garrard, Marion and Mercer counties

Posted on February 28, 2008
Feb. 28, 2008 TIME: 10:30 a.m. EST DATE: Monday, March 3, 2008 PLACE: Administrative Office of the Courts 100 Millcreek Park, Frankfort Meeting is open to the public Who: The Court Facilities Standards Committee is a 10-member body comprised of representatives from the Kentucky Executive, Judicial and Legislative branches of government and a county official appointed by the governor...

Kentucky taxpayers encouraged to file electronic returns

Posted on February 28, 2008
Feb. 28, 2008 FRANKFORT, Ky.? The Finance and Administration Cabinet?s Department of Revenue (DOR) encourages Kentucky taxpayers to file electronically again this year. The benefits of e-filing result in reduced tax preparation time, accuracy of returns, acknowledgement of the receipt of your return and faster refunds...

Sup. Ct. opens door a little, for evidence of job bias testimony

Posted on February 26, 2008
Jeannie Shawl  Jurist Feb. 26, 2008    [JURIST] The US Supreme Court [official website; JURIST news archive] ruled Tuesday that testimony from workers who suffered job bias but were not parties to a federal age discrimination case “is neither per se admissible nor per se inadmissible” under the Federal Rules of Evidence...

Reports circulate that the FBI is conducting interviews on claimed solicitation for contributions from horse industry.

Posted on February 26, 2008
Rumors are flying in Frankfort that the FBI has interviewed state officials including legislators concerning allegations that the horse industry, which strongly wants passage of the gaming referendum, has been pressured for campaign contributions in lieu of support for passage of the bill...

Statement by Governor Beshear On Limited Expanded Gaming

Posted on February 26, 2008
Feb. 26, 2008 ?The entire leadership of the House of Representatives has on numerous occasions publicly and privately committed to me to work in a unified manner in passing a Constitutional Amendment allowing the issue of limited expanded gaming to be placed on the ballot...

Jud. Nominating Commission sends names of Cunningham, Kemper and Silverthorn to Governor for Jefferson District Court bench

Posted on February 26, 2008
Tuesday, February 26, 2008    FRANKFORT, Ky. – The Judicial Nominating Commission, led by Chief Justice Joseph E. Lambert, today announced the nominees to fill a vacant circuit judgeship for the 30th Judicial Circuit, Division 4, and a vacant district judgeship for the 30th Judicial District, Division 16, both of which consist of Jefferson County...

Competition between versions of Casino amend. delay passage in House Committee

Posted on February 26, 2008
The second attempt to dislodge Gov. Beshear?s  referendum for Casino gambling failed to get out of committee Tuesday morning.  Further attempts will of course be tried shortly. The first version of the referendum bill failed this morning in a committee meeting, with three yes votes, five no votes and three passes...

Can state courts consider allegations that a drug company misled the Food and Drug Administration to win approval for a drug?

Posted on February 26, 2008
By CHRISTOPHER S. RUGABER 02.25.08, WASHINGTON -   The Supreme Court on Monday wrestled with a Michigan law that shields pharmaceutical companies from product liability lawsuits, unless they committed fraud to get their drug approved.  At issue is whether that fraud exception, which allows lawsuits to proceed, is preempted by federal regulation of pharmaceuticals...

Justices To Review Auto Searches when driver has been arrested and moved from scene

Posted on February 26, 2008
Feb. 26, 2008 In another development on Monday, the U.S. Supreme Court accepted an appeal from the State of Arizona on whether the police need a warrant to search a car after arresting the driver and any passengers and removing them from the car?s vicinity...

Sup. Ct. to review Money Laundering standards

Posted on February 26, 2008
   New york times  By LINDA GREENHOUSE   February 26, 2008 WASHINGTON ? In colloquial terms, ?money laundering? means cleaning ?dirty? money ? the proceeds of a drug transaction, for example ? by using it in a way that hides its origins and gives it the appearance of legitimate wealth...

Supreme Court Appears Conflicted On Suit Against Pfizer Unit

Posted on February 25, 2008
February 25, 2008:  WASHINGTON -(Dow Jones)- The U.S. Supreme Court Monday appeared divided as to whether it should stop a Michigan product liability lawsuit against Pfizer Inc.’s (PFE) Warner-Lambert unit brought by diabetes patients harmed by Rezulin, a drug the company removed from the market in 2000...

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