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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

TORTS - Tort of outrage claimed for emergency treatment: Childers v. Geile (COA 11/6/2009)

Posted on January 17, 2010
Childers v. Geile 2008-CA-002114 11/06/09 2009 WL 3672891 Opinion by Judge Stumbo; Judge Lambert and Senior Judge Henry concurred. The Court affirmed a summary judgment in favor of appellees on appellants? claim for the tort of outrage related to emergency treatment appellant received, after which she miscarried...

TORTS: Bohl v. City of Cold Spring (COA 11/13/2009)

Posted on January 17, 2010
Bohl v. City of Cold Spring 2008-CA-002162 11/13/09 2009 WL 3786633 Opinion by Senior Judge Lambert; Judges Nickell and VanMeter concurred. The Court affirmed a summary judgment in favor of the appellee city on appellant?s claims for disability discrimination, retaliation, constructive discharge, intentional infliction of emotional distress (IIED), and disability harassment...

COA 2010 Minutes: January 15, 2010 (Nos. 19-48)

Posted on January 17, 2010
COA 2010 Minutes: January 15, 2010 (Nos. 19-48) 30 decisions 4 published Published Decisions with digest and link to full text decision at AOC: 21 MEDICAL NEGLIGENCE - SPONGE, NEG PER SE VS RES IPSA LOQUITOR BAXTER VS. FINE OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE, CAPERTON, AND KELLER, JUDGES...

GARNISHMENT: Brooks v. Lexington-Fayette Urban County Housing Authority (COA 11/13/2009)

Posted on January 15, 2010
Brooks v. Lexington-Fayette Urban County Housing Authority 2008-CA-001677 11/13/09 2009 WL 3786367 Opinion by Judge Nickell; Judges Keller and Moore concurred. The Court affirmed orders of the circuit court granting appellee?s costs and expenses incurred in the successful bid to quash enforcement of a non-wage garnishment and denying appellant?s request for attorney fees...

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FAMILY LAW - Custody, out of state adoption: Williams v. Bittel (COA 11/25/2009)

Posted on January 15, 2010
Williams v. Bittel 2007-CA-002568 11/25/09 2009 WL 4060081 Opinion by Senior Judge Harris; Judges Acree and Clayton concurred. The Court affirmed orders of the family court denying appellants?/cross-appellees? petition to modify custody, denying a motion to reconsider, and denying appellee?s/cross-appellant?s petition to modify custody and to stay a foreign judgment...

FAMILY LAW - Custody: Temple v. Temple (COA 11/13/2009)

Posted on January 15, 2010
Temple v. Temple 2009-CA-000044 11/13/09 2009 WL 3786862 Opinion by Judge Nickell; Judge Wine and Senior Judge Harris concurred. The Court affirmed an order of the circuit court finding that appellant waived her superior right to her son?s custody and awarding custody of the child to appellant?s mother...

FAMILY LAW - Martial property division, Brandenburg: Atkisson v. Atkisson (COA 11/13/2009)

Posted on January 15, 2010
Atkisson v. Atkisson 2008-CA-000376 11/13/09 2009 WL 3805824 Opinion by Judge Wine; Judges Acree and Stumbo concurred. The Court affirmed in part, and reversed and remanded in part, a judgment and post-judgment orders of the circuit court in a dissolution action...

EMPLOYMENT: Teco Mechanical Contractor, Inc. (COA 11/20/2009)

Posted on January 15, 2010
Teco Mechanical Contractor, Inc. 2008-CA-000305 11/20/09 2009 WL 3877578 Opinion by Judge Keller; Judge Nickell and Senior Judge Lambert concurred. The Court affirmed in part, and vacated in part and remanded, a summary judgment upholding the constitutionality of portions of KRS Chapter 337 and assessing back wages and civil penalties against the appellant contractor...

EMPLOYMENT - Kentucky Disability Retirement: Kentucky Retirement Systems v. Robb (COA 11/25/2009)

Posted on January 15, 2010
Kentucky Retirement Systems v. Robb 2009-CA-000437 11/25/09 2009 WL 4060881 Opinion by Judge Dixon; Judges Clayton and Thompson concurred. The Court affirmed a decision of the circuit court reversing a decision of the Kentucky Retirement Systems denying an employee?s application for disability retirement...

CRIMINAL - Procedure: Muncy v. Commonwealth (COA 11/20/2009)

Posted on January 15, 2010
Muncy v. Commonwealth 2008-CA-001814 11/20/09 2009 WL 3878086 Opinion by Judge VanMeter; Judge Nickell and Senior Judge Lambert concurred. The Court affirmed a final judgment of the circuit court sentencing appellant to ten years? imprisonment for two counts of first-degree trafficking in a controlled substance...

CRIMINAL - Procedure: Muncy v. Commonwealth (COA 11/20/2009)

CRIMINAL - PBT Refusal: Hoppenjans v. Commonwealth (COA 11/25/2009)

Posted on January 15, 2010
Hoppenjans v. Commonwealth 2008-CA-001388 11/25/09 2009 WL 4060451 Opinion by Judge Wine; Judges Stumbo and Thompson concurred. The Court affirmed appellant?s conviction for operating a motor vehicle under the influence of alcohol, first Offense (DUI)...

CORPORATIONS - Corporate Veil: Inter-Tel, Inc. v. Linn Station Properties, LLC (COA 11/20/2009)

Posted on January 15, 2010
Inter-Tel, Inc. v. Linn Station Properties, LLC 2008-CA-002266 11/20/09 2009 WL 3878099 Opinion by Senior Judge Henry; Judges Caperton and Dixon concurred. The Court affirmed an opinion and order of the circuit court granting a motion for summary judgment in favor of a property owner against a parent corporation of a corporation which was in turn the corporation parent of a defunct corporation against which a default judgment was obtained for the breach of a lease of an office building...

COA 2010 Minutes: January 8, 2010 (Nos. 1-18)

Posted on January 15, 2010
COA 2010 Minutes: January 8, 2010 (Nos. 1-18) 18 decisions 4 published Published Decisions with digest and link to full text decision at AOC: 1 TORTS - BANKING - FIDUCIARY DUTIES CAUDILL VS. SALYERSVILLE NATIONAL BANK OPINION AFFIRMING ** ** ** ** ** BEFORE: CAPERTON, THOMPSON AND WINE, JUDGES...

TAXATION - Corporations, physical presence: Revenue Cabinet v. Ashworth Corporation (COA 11/20/2009)

Posted on January 15, 2010
Revenue Cabinet v. Ashworth Corporation 2007-CA-002549 11/20/09 2009 WL 3877518 Opinion by Judge VanMeter; Judges Clayton and Nickell concurred. The Court affirmed in part and reversed in part and remanded an order of the circuit court reversing an order of the Kentucky Board of Tax Appeals holding that KRS 141...

PROPERTY - Foreclosures, Master commissioner: Arterburn v. First Community Bank (COA 11/20/2009)

Posted on January 15, 2010
Arterburn v. First Community Bank 2008-CA-002018 11/20/09 2009 WL 3878090 Opinion by Judge Clayton; Judge Acree and Senior Judge Harris concurred. The Court affirmed in part, and reversed and remanded in part, an order of the circuit court denying appellants? post-judgment motion to alter, amend or vacate orders of confirmation ordering payment to the master commissioner of fees and costs, appraiser?s fees and newspaper advertisement costs...

GOVERNMENT - Ethics: Turbyfill v. Executive Branch Ethics Commission (COA 11/20/2009)

Posted on January 15, 2010
Turbyfill v. Executive Branch Ethics Commission 2008-CA-001394 11/20/09 2009 WL 3878046 Opinion by Judge Wine; Judges Nickell and Thompson concurred. The Court affirmed an order of the circuit court denying appellant?s petition for judicial review and declining to order dismissal of administrative proceedings opened by the Kentucky Executive Branch Ethics Commission (EBEC) for the purpose of sanctioning appellant...

GARNISHMENT - IRS Discharge: Lifestyles of Jasper, Inc. v. Gremore (COA 11/6/2009)

Posted on January 15, 2010
Lifestyles of Jasper, Inc. v. Gremore 2008-CA-001396 11/06/09 2009 WL 3672881 Opinion by Judge VanMeter; Judges Keller and Stumbo concurred. On discretionary review, the Court reversed and remanded an order of the circuit court affirming a district court order upholding a garnishment challenge, ordering appellant to return amounts collected, and holding that a default judgment had been discharged when appellant filed a Form 1099-C, Cancellation of Debt, with the I...

APPEALS - Supersedeas Bond: Lawyers Mutual Insurance Company of Kentucky v. Stewart (COA 11/20/2009)

Posted on January 13, 2010
Lawyers Mutual Insurance Company of Kentucky v. Stewart 2009-CA-000114 11/20/09 2009 WL 3878132 Opinion by Judge Wine; Judge Nickell and Senior Judge Harris concurred. The Court affirmed an order of the circuit court denying appellant?s motion for enforcement of a supersedeas bond against the surety thereon...

CONTRACTS - Public employment: Waters v. City of Pioneer Village (COA 11/20/2009)

Posted on January 13, 2010
Waters v. City of Pioneer Village 2008-CA-000837 11/20/09 2009 WL 3877596 Opinion by Judge Clayton; Judges Moore and VanMeter concurred. The Court affirmed an order of the circuit court granting a judgment to the appellee city on its claim against appellant for breach of an employment contract...

CIVIL PROCEDURE - Mootness: Lexington-Fayette Urban County Government v. LEXHL, LP (COA 11/13/2009)

Posted on January 13, 2010
Lexington-Fayette Urban County Government v. LEXHL, LP 2008-CA-002145 11/13/09 2009 WL 3786630 Opinion by Judge Wine; Judges Stumbo and Thompson concurred. The Court affirmed a summary judgment entered in favor of the appellee newspaper on the appellant county government?s declaratory judgment action seeking a declaration that the litigation exception to the Open Meetings Act allowed it to close council meetings in order to answer requests for information propounded by administrative agencies...

ARBITRATION: FIA Card Services, N.A. v. Callahan (COA 11/13/2009)

Posted on January 13, 2010
FIA Card Services, N.A. v. Callahan 2008-CA-000732 11/13/09 2009 WL 3786143 Opinion by Judge Acree; Judges Taylor and Thompson concurred. The Court reversed and remanded an order of the circuit court denying appellant?s petition and application to confirm and enforce an arbitration award against appellee...

SCOKY Oral Arguments for January 13, 14, and 15, 2010

Posted on January 12, 2010
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here). If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, THEN Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those "accepted for oral argument...

COA Argument Calendar for January 2009

Posted on January 12, 2010
Click HERE for this month's oral argument calendar at Court of Appeals. Dates are Jan. 13, 21, and 25, 2010. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Wednesday, January 13, 2010 10:00 BRENDA SHELL v DAVID A. HAGGARD Appeal and cross-appeal from a jury verdict and judgment of the Fayette Circuit Court finding no liability in a personal injury action...

TORT REPORT: Dec.18, 2009 COA Decisions Dealing with Torts and Insurance

Posted on January 07, 2010
Dec.18, 2009 COA Decisions Dealing with Torts and Insurance Names, intro, and links to full text: PUBLISHED: NONE NOT TO BE PUBLISHED: 1276 SETTLEMENTS AND RELEASES LARRY WHITTLE v. WARD CORRELL OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING ** ** ** ** ** BEFORE: NICKELL AND STUMBO, JUDGES; HENRY,1 SENIOR JUDGE...

Tort Report: Dec.11, 2009 COA Decisions

Posted on January 07, 2010
Dec.11, 2009 COA Decisions Dealing with Torts and Insurance Names, intro, and links to full text: PUBLISHED: 1263 - CIVIL PROCEDURE, LACK OF PROSECUTION, DISMISSAL Wildcat Property Management vs. Reuss APPEAL FROM FAYETTE CIRCUIT COURT v HONORABLE KIMBERLY N...

COA 2009 Minutes: December 30, 2009 (Nos. 1290-1306)

Posted on January 07, 2010
COA 2009 Minutes: December 30, 2009 (Nos. 1290-1306) 17 decisions 1 published Published Decisions with digest and link to full text decision at AOC: 1301 FAMILY LAW - MODIFICATION OF CHILD CUSTODY, CR 60.02 WALSH-STENDER VS. WALSH OPINION VACATING ** ** ** ** ** BEFORE: LAMBERT AND VANMETER, JUDGES; HARRIS,1 SENIOR JUDGE...

COA 2009 Minutes: December 23, 2009 - None rendered

Posted on January 07, 2010
COA 2009 Minutes: December 23, 2009 Pursuant to Order of the Chief Judge: No Opinions are Being Rendered the Week of 12/23/2009.

SCOKY 2009 Minutes: December 17, 2009 (No. 274)

Posted on December 18, 2009
December 17, 2009 Supreme Court Minutes Decisions 274 One decision with One published No published disciplinary cases No motions for rehearing denied (none granted) 2 motions for discretionary review granted with 27 motions denied 3 COA decisions ordered not published Click here for full text of minutes for this month Click here for table full for text of minutes of other months Link to full text published decisions with Questions Presented as noted on the SCOKY minutes are as follows: 274 - WORKERS COMPENSATION DENNIS BRADLEY, ADMINSTRATOR OF EST...

COA 2009 Minutes: December 18, 2009 (Nos. 1271-1289)

Posted on December 18, 2009
COA 2009 Minutes: December 18, 2009 (Nos. 1271-1289) 19 decisions 1 published Published Decisions with digest and link to full text decision at AOC: 1286 - COMMERCIAL LAW, BANK ACCOUNTS, SUMMARY JUDGMENT BARNETT VS. COMMUNITY TRUST BANK, INC. APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE PAMELA R...

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