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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

WORKERS COMP - Coming and going rule used to disallow claim for pilot passenger killed in crash: Airtran Airways, Inc. v. Fortney ( COA 3/27/2009)

Posted on August 03, 2009
Airtran Airways, Inc. v. Fortney 2008-CA-001223 03/27/2009 2009 WL 804216 Opinion by Judge Clayton; Judges Lambert and Wine concurred. The Court reversed an opinion of the Workers? Compensation Board reversing an ALJ decision that a widow was not entitled to workers? compensation benefits when her husband, a pilot, died in an airplane accident while taking a flight on ComAir to Atlanta to begin his workday for AirTran...

WORKERS COMP - Coming and going rule used to disallow claim for pilot passenger killed in crash: Airtran Airways, Inc. v. Fortney ( COA 3/27/2009)

TORTS, CAUSES OF ACTION, DEFENSES - Sovereign immunity, county sheriff: Wasson v. Morris (COA 3/6/2009)

Posted on August 03, 2009
Wasson v. Morris 2008-CA-000780 03/06/2009 2009 WL 563599 Opinion by Judge Stumbo; Judge Taylor and Senior Judge Graves concurred. The court affirmed an order of the circuit court granting summary judgment to the county sheriff on a Kentucky state trooper?s negligence claim for injuries he received in the line of duty while responding to a domestic disturbance call...

PROPERTY - release of mortgage lien, faxing: Riley v. Flagstar Bank, FSB (COA 3/27/2009)

Posted on August 03, 2009
Riley v. Flagstar Bank, FSB 2008-CA-000174 03/27/2009 2009 WL 792716 Opinion by Judge Moore; Judges Clayton and Stumbo concurred. The Court reversed and remanded an order of the circuit court granting a directed verdict against appellants on their claims for penalties under KRS 382...

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PROPERTY - Oil and gas leases, pipelines, attorney fees: Holly Creek Production Corp. v. Rose (COA 3/27/2009)

Posted on August 03, 2009
Holly Creek Production Corp. v. Rose 2008-CA-000260 03/27/2009 2009 WL 792722 Opinion by Judge Clayton; Judges Moore and Stumbo concurred. The Court affirmed in part and reversed and remanded in part a judgment of the circuit court terminating an oil and gas lease...

FAMILY LAW - Juveniles, self-incrimination: C.W.C.S. v. Commonwealth (COA 3/20/2009)

Posted on August 03, 2009
C.W.C.S. v. Commonwealth 2007-CA-002040 03/20/2009 2009 WL 722729 Opinion by Judge Lambert; Judge VanMeter and Senior Judge Knopf concurred. The Court affirmed a judgment of the circuit court affirming a judgment of the district court denying a motion to suppress appellant?s incriminatory statements and denying a motion to strike appellant?s juvenile sexual offender evaluation...

ZONING, ANNEXATION, AND CHALLENGES: City of Pikeville v. Pike County, Kentucky (COA 3/20/2009)

Posted on August 03, 2009
City of Pikeville v. Pike County, Kentucky 2008-CA-001056 03/20/2009 2009 WL 723065 Opinion by Senior Judge Buckingham; Judges Dixon and Nickell concurred. The Court affirmed an order of the circuit court granting a motion to dismiss appellants? petition for declaration of rights and statutory action challenging a vote against the annexation of property belonging to appellees...

Sovereign Immunity - Revenue and taxation: St. Matthews Fire Protection District v. Aubrey (COA 3/27/2009)

Posted on August 03, 2009
St. Matthews Fire Protection District v. Aubrey 2006-CA-000518 03/27/2009 2009 WL 792493 Opinion by Senior Judge Henry; Chief Judge Combs and Judge Moore concurred. The Court affirmed a summary judgment dismissing claims against various county tax collection officials arising from their failure to assess and collect a portion of tax revenue due to the St...

FAMILY LAW - Grandparent visitation: J.G. v. J.C. (COA 3/27/2009)

Posted on August 03, 2009
J.G. v. J.C. 2008-CA-001023 03/27/2009 2009 WL 792763 Opinion by Judge Stumbo; Judge Taylor and Senior Judge Graves concurred. The Court reversed and remanded a judgment of the circuit court finding that the appellee grandparents were de facto custodians...

CRIMINAL - CR 60.02: Stoker v. Commonwealth (COA 3/27/2009)

Posted on August 03, 2009
Stoker v. Commonwealth 2008-CA-000354 03/27/2009 2009 WL 792730 Opinion by Judge Caperton; Judges Dixon and VanMeter concurred. The Court affirmed an order of the circuit court denying appellant?s pro se CR 60.02 motion. The Court held that the trial court did not abuse its discretion when it first undertook analysis under CR 60...

AOC: Laurie K. Dudgeon named to head Kentucky Administrative Office of the Courts

Posted on August 02, 2009
FRANKFORT, Ky., July 31, 2009 ? A Kentucky native with experience as a practicing attorney who has held positions with the Executive and Judicial branches of state government has been named to head the administrative arm of the state court system. Chief Justice of Kentucky John D...

KBA: Attorney John Meyers New Executive Director Ky Bar Association

Posted on August 02, 2009
FRANKFORT ? Lexington attorney John D. Meyers is the new executive director of the Kentucky Bar Association, replacing Jim Deckard, who resigned to return to private practice in February. Meyers was selected after a four-month search. He has been the association?s interim executive director and director of its continuing legal education program...

COA 2009 Minutes: July 31, 2009 (Nos. 736-759)

Posted on August 02, 2009
COA 2009 Minutes: July 31, 2009 (Nos. 736-759) 24 decisions 2 published 746 - Fedders v. Vogt Miller - expired domestic violation order (DVO) 747 - Delahanty v. Com - The controversy involves a verbal and written prohibition, promulgated by the appellant, that prohibits the county attorney and his assistants from making objections to defense counsel?s questions during preliminary hearings to establish probable cause to detain a defendant pending indictment...

CRIMINAL - juror strikes (victim of crime), evidence of recent fabrication: Allen v. Commonwealth (COA 3/6/2009)

Posted on August 02, 2009
Allen v. Commonwealth 2007-CA-002079 03/06/2009 2009 WL 563526 Opinion by Judge Wine; Senior Judge Buckingham concurred; Chief Judge Combs dissented by separate opinion. The Court affirmed a judgment and sentence of the circuit court convicting appellant on eleven counts of first-degree sexual abuse and sentencing him to eleven years? imprisonment...

CORRECTIONS - educational good time credit, incentives, and GED: Richardson v. Rees (COA 3/27/2009)

Posted on August 02, 2009
Richardson v. Rees 2008-CA-000721 03/27/2009 2009 WL 792748 Opinion by Judge Wine; Judges Caperton and Taylor concurred. The Court affirmed in part and reversed and remanded in part an order of the circuit court dismissing appellant?s petition seeking a declaratory judgment that certain statutory and constitutional rights had been violated when he was denied 60 days Educational Good Time Credit (EGT) and a monetary incentive award for earning his GED, as well seeking punitive damages, costs and attorney fees...

BUSINESS - LLC members duties to each other, corporate opportunity doctrine: Patmon v. Hobbs (COA 3/27/2009)

Posted on August 02, 2009
Patmon v. Hobbs 2007-CA-002527 03/27/2009 2009 WL 792601 Opinion by Judge Clayton; Judge Caperton concurred; Chief Judge Combs concurred by separate opinion. The Court affirmed in part and reversed and remanded in part a judgment of the circuit court finding that damages could not be awarded for the value of build-to-suit-lease agreements...

ABRITRATION - Jurisdiction lost in contract action: Pavkovich v. Shenouda (COA 3/27/2009)

Posted on August 02, 2009
Pavkovich v. Shenouda 2005-CA-000866 03/27/2009 2009 WL 792488 Opinion by Judge Acree; Chief Judge Combs and Judge Taylor concurred. The Court dismissed for lack of jurisdiction appellants? appeals from an order of the circuit court dismissing and referring to arbitration their breach of contract and fraudulent misrepresentation claims related to the purchase of real property and an order of the circuit court affirming an arbitrator?s decision that the demand for arbitration was not timely...

CIVIL PROCEDURE - Jury verdict modified in open court :Kaminski v. Bremner, Inc. (COA 3/27/2009)

Posted on August 02, 2009
Kaminski v. Bremner, Inc. 2006-CA-002439 03/27/2009 2009 WL 792518 Opinion by Judge Nickell; Judges Moore and Stumbo concurred. The Court affirmed a judgment of the circuit court entered subsequent to jury verdict finding in favor of appellee on his claim that he was terminated for filing a workers? compensation claim and an order denying a motion for a new trial alleging juror misconduct and irregularities in the jury verdict...

SCOKY MONTHLY CASE SUMMARY REPORT: June 2009

Posted on August 02, 2009
The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...

COA Argument Calendar for August 2009

Posted on August 02, 2009
Here is a shortened version of the June COA Argument calendar. Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc. Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions)...

COA 2009 Minutes: July 24, 2009 (Nos. 714-735)

Posted on July 26, 2009
COA 2009 Minutes: July 24, 2009 (Nos. 714-735) 22 decisions 3 published (714-criminal, 730-residency requirement on superintendant, 735-workers comp) Some civil decisions noted involved 722 Branham v. Burger Torts: Motor vehicle negligence - duty of driver owed to others while making u-turn Evidence: Daubert motion 726 Glass v...

COA 2009 Minutes: July 17, 2009 (Nos. 696-713)

Posted on July 26, 2009
COA 2009 Minutes: July 17, 2009 (Nos. 696-713) 18 decisions Four published Some civil decisions noted involved No. 696 Published - Daniels v. CDB Bell no right to jury trials in purely equitable remedy cases, piercing corporate veil in suit to reform contract No...

COA 2009 Minutes: July 10, 2009 (Nos. 6674-695)

Posted on July 26, 2009
COA 2009 Minutes: July 10, 2009 (Nos. 6674-695) 22 decisions None published D'Angelo v. Mussler, 2008-CA-001003 ordered to be published

CIVIL PROCEDURE - Res judicata: Harrod v. Irvine (COA 1/16/2009)

Posted on July 16, 2009
Harrod v. Irvine 2007-CA-002178 01/16/2009 2009 WL 103130 Opinion by Judge Stumbo; Judge Thompson concurred; Senior Judge Guidugli dissented by separate opinion. The Court reversed a summary judgment wherein the circuit court determined that the issues raised in appellant?s intervening complaint were previously resolved in a separate circuit court action...

Published Decisions - Will try and update and post them separately

Posted on July 05, 2009
When we/I began relying solely upon the monthly published decision summaries of the appellate courts (SCOKY and COA), we not only quit digesting the published decisions but also quit posting them individually as posts. I believe I have figured out how to copy and paste the decisions from the summaries and link to the full text...

COA Argument Calendar for JULY 2009

Posted on July 05, 2009
Here is a shortened version of the June COA Argument calendar. Click here for the entire PDF calendar. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Tuesday, July 7, 2009 01:00 PM 2008CA000634 2008CA000681 2008CA001209 JASON P...

ARGUMENT CALENDARS POSTED: July 2009 for COA and SCOKY (none)

Posted on July 05, 2009
July 2009 Argument Calendars for Supreme Court - no oral arguments set for July Court of Appeals

COA 2009 Minutes: July 2, 2009 (Nos. 652-673)

Posted on July 05, 2009
COA 2009 Minutes: July 2, 2009 (Nos. 652-673) 22 decisions 4 published

JUDICIAL VACANCIES: 2nd Circuit, 1st Division

Posted on June 28, 2009
While perusing the AOC web site's JUDICIAL VACANCIES page, I noted that they still have posted those vacancies in which the deadline has passed but there is a new announcement hidden amongst the old. Plus, the links did not work on Sunday, June 28, 2009 @ 3:50 pm...

AOC NEWS: 2009 Pretrial Services Conference, Louisville, June 28-July 1

Posted on June 28, 2009
2009 Pretrial Services Conference, Louisville, June 28-July 1 The 2009 Pretrial Services Conference is open to participants from the Kentucky Court of Justice and from outside the state court system. Presenters include Chief Justice of Kentucky John D...

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