Kentucky
Kentucky Law Blog 
Kentucky Supreme Court and Court of Opinions digested and linked with focus on Kentucky law, lawyers, courts, and judges.
Post Frequency: 8.1/day Last Entry: July 25, 2010 at 09:09:44 Recent Entries: 1613
By Michael Stevens
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TORT REPORT: COA 2010 Minutes July 9, 2010 (Nos. 657-672)
Posted on July 25, 2010TORT REPORT: COA 2010 Minutes July 9, 2010 (Nos. 657-672) Above link to minutes is full text of minutes with link to full text of each decision. Total number of decisions: 16 Published Decisions: 2 (658, 661) Tort Decisions: 661, 662, Workers Comp: 671 TORT DECISIONS (CIVIL, INSURANCE, TORTS): 661...
JUDICIAL ELECTIONS: Sixth Circuit Decision Opens Door to Further partisan politics in judicial elections
Posted on July 13, 2010Due to the unique relevance to lawyers, judges, and the current campaign season, I have posted substantial portions of this story by Andrew Wolfson. One comment on the story posted on-line basically sees the writing on the wall if the changes continue in the current direction; eg...
CRIMINAL: Karen Sypher Trial - "Sypher lawyer wants judge to dismiss jury panel "
Posted on July 13, 2010From the Courier Journal: Sypher lawyer wants judge to dismiss jury panel Karen Sypher's lawyer asked a federal judge Tuesday to dismiss the entire pool of potential jurors in her extortion case, saying 60% have indicated they have already formed an opinion about her and the charges she faces...
LOCAL: Two stories on Karen Sypher upcoming federal trial; NO THREE!
Posted on July 09, 2010The Karen Sypher trial is about to begin. Here are two recent stories: Karen Sypher's lawyer offers scant details about her defense Read Comments(16) Recommend Karen Cunagin Sypher's lawyer filed a trial memorandum Thursday that describes the elements required to prove the extortion charges against her but offers no details about her defense...
LOUISVILLE: "Amnesty offered for illegal homestead exemptions"
Posted on July 08, 2010From the Courier Journal: Amnesty offered for illegal homestead exemptions Read Comments(15) Recommend Jefferson County property owners who are claiming homestead exemptions to which they are not entitled, either wittingly or unwittingly, can drop the deduction without penalty through July 31...
Lawsuit filed against Louisville, police over wrongful murder conviction
Posted on July 08, 2010From the Courier Journal: Lawsuit filed against Louisville, police over wrongful murder conviction Read Comments(69) Recommend(3) A Louisville man who spent nine years in prison after being wrongfully convicted in a homicide case has sued the city and several Louisville police officers, claiming that evidence of his innocence was ignored for years...
" Louisville man pleads not guilty in 8 murders"
Posted on July 08, 2010From the Courier Journal: " Louisville man pleads not guilty in 8 murders Louisville felon Ricky Kelly is charged in a string of murders that began during one of the deadliest periods in the city's history.
CAMPAIGN FINANCES: "Lawsuit challenges $100 contribution limit to school board candidates"
Posted on July 05, 2010From the Bluegrass Politics Blog (Herald-Leader): The following post addresses a lawsuit re limitations on campaign contributions to school board candidates. The nibbling is now beginning on limitations following the US Supreme Court's decision regarding corporate contributions to political races...
NEWS: Riding the Circuit - Legal News from around the state this past Two weeks (ending July 5, 2010)
Posted on July 05, 2010From the Courier Journal: Otter Creek prison monitoring flawed Poll finds many are sketchy on U.S. history Charges against 5-year-old point out flawed system, critics say (75) (7/3/10) Cause of Louisville baby's death after being found at day care undetermined (18) (7/2/10) Kentucky renews Passport contract, including hospital funding (10) (7/2/10) Woman charged with murder, drunk driving in death of 11-year-old boy struck while riding his bicycle (23) (7/2/10) Great weekend turns tragic for family of boy fatally struck by car (26) (6/29/10) Funeral service held for 11-year-old Dylan Geitgey who was killed in crash (2) (7/1/10) Local News: Boy fatally struck by car known as upbeat, spirited Local News: 11-year-old boy dies after being struck by car Oops! Thomas Jefferson made Freudian slip in Declaration of Independence (11) (7/2/10) Former mine safety analyst indicted (8) (7/1/10) Prosecutors, defense disagree on how to dismiss 30-year-old rape case (7) (7/1/10) Toyota says 270,000 vehicles have faulty engines (15) (7/1/10) Family of man convicted in 1990 rape claims trial errors (3) (7/1/10) Humana, University of Louisville feud costs patients (9) (7/1/10) Felner's alleged conspirator seeks dismissal of charges (1) (6/30/10) Driver in fatal crash with LMPD officer may have been under influence, report says (60) (6/30/10) Tea party sticker gets man indicted for vandalism (180) (6/30/10) Misspelling lands mom in jail (15) (6/30/10) Jury spares life of Lloyd Hammond in triple-murder trial (72) (6/29/10) Oldham: Friends, family mourn Oldham County attorney Local News: Oldham attorney Fendley near death after being kicked by horse Local News: Rick Pitino vs...
In Memoriam: "Hundreds gather to remember life of Oldham Co. Attorney John Fendley"
Posted on July 04, 2010From WHAS 11: Hundreds gather to remember life of Oldham Co. Attorney John Fendley (WHAS11) - Hundreds of people gathered inside DeHaven Baptist Church in LaGrange to remember the life of Oldham County Attorney, John Fendley. County police cruisers lined the streets at 600 West Main Street...
NEWS: Riding the Circuit - Legal News from around the state this past week (June 20, 2010)
Posted on June 20, 2010From the Courier Journal: Ethics charges against PVAs reinstated (2) (6/18/10) Court won't review award (6) (6/18/10) Ex-Lexington airport head pleads guilty to theft (1) (6/18/10) Court says pregnant woman taking illegal drug can't be charged with endangering child (81) (6/17/10) Court says inmate can't face death penalty (8) (6/17/10) Lawyer reprimanded for Comair ad (2) (6/17/10) Defendant in doctor's slaying found competent for trial (1) (6/17/10) Anchorage police officer suspended over racist e-mail (147) (6/16/10) JCPS student-assignment plan challenged in new suit (103) (6/16/10) Somali Said Biyad competent to stand trial in kids' murders at Iroquois Homes (11) (6/15/10) Legislature protects crime victim notification services (7) (6/15/10) Fed adopts rules to protect credit card customers (6/15/10) From Kentucky Open Government Blog: New blog for Rockcastle County starts with open-government concerns By Al Cross Issues of open government are the topic of the first post in a new blog for Rockcastle County, where a local water association has barred its customers from attending its board meetings "despite numerous protests by many of its water-user members," blogger Elmer Whitler writes on Rockcastle County News, which he says is "devoted to news and opinion on events and conditions important for improving life for all those who live in Rockcastle County...
SC: "Court says pregnant woman taking illegal drug can't be charged with endangering child"
Posted on June 20, 2010From the Courier Journal: Court says pregnant woman taking illegal drug can't be charged with endangering child (81) (6/17/10) FRANKFORT, Ky. -- The Kentucky Supreme Court ruled Thursday that a woman who takes illegal drugs while pregnant can't be charged with endangering her child...
From the Courier Journal: "Ethics charges against PVAs reinstated (2) (6/18/10)"
Posted on June 20, 2010Ethics charges against PVAs reinstated (2) (6/18/10) FRANKFORT, Ky. -- The Kentucky Court of Appeals Friday reinstated ethics charges brought against 11 property valuation administrators for hiring or promoting members of their families. The PVAs were charged in 2008 by the Executive Branch Ethics Commission with violating the part of the state government ethics code that prohibits state officials from using their position to obtain financial gain for themselves or their family members...
KBA Young Lawyers Section Seeking Volunteer Lawyers for Disaster Assistance
Posted on June 12, 2010From the Kentucky Bar Association: Dear Colleagues -- At the request of the Federal Emergency Management Agency (FEMA), the Young Lawyers Section of the Kentucky Bar Association is seeking volunteers to assist with disaster legal services in response to severe storms, tornadoes, flooding, and mudslides that devastated hundreds of residents of the Commonwealth on May 1...
NEWS: Riding the Circuit - Legal News from around the state this past week (June 12, 2010)
Posted on June 12, 2010From the Courier Journal: Ruling says Passport is covered by Open Records Act FRANKFORT, Ky. -- The contractor running the Medicaid managed-care program in the Jefferson County region is a public agency whose records are covered by the Kentucky Open Records Act, the attorney general's office ruled Wednesday...
LOUISVILLE: "Judge will allow prosecutors to argue Ivan Cano was sexually assaulted"
Posted on June 03, 2010From the Courier Journal: Judge will allow prosecutors to argue Ivan Cano was sexually assaulted A Jefferson Circuit Court judge will allow prosecutors to tell jurors in closing arguments of Cecil New's October murder trial that he sexually assaulted 4-year-old César Ivan Aguilar-Cano before killing him in July 2007.
NEWS: Legal news from around the circuit this past week (May 30, 2010)
Posted on May 30, 2010From the Bluegrass Politics Blog (Herald-Leader): Sen. Neal denounces Paul?s comments on civil rights General Assembly approves texting ban, tougher DUI law By John Cheves - jcheves herald-leader.com FRANKFORT -- The Kentucky House gave final approval Thursday to a ban on text messaging while driving -- a measure once thought imperiled for the session -- and a second bill that will toughen the drunken driving law...
NEWS: Predatory legal billings by companies that purchase delinquent tax liens is subject of Jefferson county lawsuit filed by attorney James Ballinger
Posted on May 26, 2010Whether or not it is legal, it is clearly not right. If it is legal, then the state needs to control this practice of legal billing blackmail for purchasing late tax bills. If the taxpayer can't pay the taxes, the tax bill purchasers get the foreclosure...
Judges: "Judge Knopf named to Kentucky ethics commission"
Posted on May 26, 2010From the Courier Journal: Judge Knopf named to Kentucky ethics commission Retired Judge William L. Knopf has been named to fill an unexpired term on the Executive Branch Ethics Commission that ends in July 2012.
IN MEMORY: Former Ky Supreme Court Justice Walter Baker Dies
Posted on May 26, 2010From the Courier Journal: Ex-lawmaker Walter Baker dies Former legislator and state Supreme Court Justice Walter A. Baker, who upon his appointment to the high court in 1996 was described by one lawyer as being "as near perfect as a human being can be," died Monday in Glasgow after a battle with cancer...
READERS WRITE TO CJ: "Jurors' responsibilities" by Judge Charles L. Cunningham, Jr.
Posted on May 23, 2010From the Courier Journal: The following letter to the editor was written by Jefferson Circuit Court Judge Charles Cunningham - - - As a society, we ask an awful lot of persons who serve as jurors. We command their attendance, dictate their behavior, and impose extraordinary responsibility upon them...
NEWS: Legal news from around the circuit this past week (May 23, 2010)
Posted on May 23, 2010Legal news around the circuit: From the Courier Journal: Stephanie Pearce Burke, Mason Trenaman move on in Jefferson District Court race Louisville defense attorney Stephanie Pearce Burke and Mason Trenaman, an appointed district judge, are moving on to face each other in the November general election for Jefferson District Court's 14th Division seat...
LEGAL BLOGS: A short review of useful posts fro John Day's Day on Torts Blog
Posted on May 17, 2010Sometimes I just like to play catch up on some really good trial and law blogs to get back to what is good and needed to try cases and practice law. Well, John Day out of Tennessee has one of those blogs. After spending four days in court on a case, I thought it would be a good time to decompress over some trial tips and other stuff: This is the first one I came to, and it reminded me of the flip side of the "constructive cross" which is a cross-examination with no punch or substance asking questions of no consequence and which basically are misleading, irrelevant and a waste of time...
NEWS: Legal news from around the circuit this past week (May 15, 2010)
Posted on May 16, 2010Legal news around the circuit From the Courier Journal: Editorial | C-J Endorsement Checklist Here are the candidates in selected races in Tuesday's primary election in which The Courier-Journal has made endorsements. Poll: Sitting judges outscore challengers All of the Jefferson County judges up for election this year outscored their challengers in a recent Louisville Bar Association poll...
BLOG: I am BACK! Been out for a week in trial.
Posted on May 16, 2010Please do not think I have been on a holiday this past week. I was trying a motor vehicle case involving back surgery with defenses of disputed liability and causation (priors and claim of minor impact). My client was awarded over $312,000. Four days in trial, some issues with the technical equipment, but all is well that ends well.
COA: Vanmeter Acting Chief Judge of COA
Posted on May 12, 2010Kentucky 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, 2010It 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, 2010From 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, 2010From 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...
From the Bluegrass Politics Blog (Herald-Leader): "Kentucky courts slashing 113 jobs"
Posted on May 04, 2010From 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, 2010From 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, 2010Sumpin' 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, 2010Some 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, 2010From 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, 2010From 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, 2010Most 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, 2010From 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, 2010Here 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, 2010From 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, 2010Much 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, 2010Yeah, 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, 2010From 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, 2010From 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, 2010U.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, 2010Maresa 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, 2010Kentucky 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, 2010The 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, 2010Case 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, 2010Tomorrow 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, 2010The 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, 2010From 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, 2010From 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, 2010Ex-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, 2010From 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, 2010Massie 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...
" Kentucky ranked most transparent state for online government spending records"
Posted on April 20, 2010From Kentucky Open Government Blog: Kentucky ranked most transparent state for online government spending records By Jon Hale A new report, rating each state's use of online databases to give the public information about government spending, lists Kentucky as the only state getting an "A" grade...
The Constitution in 2020: Religion in the Public Sphere
Posted on April 20, 2010From University of Louisville Brandeis School of Law Blog: The Constitution in 2020: Religion in the Public Sphere By vmsmit06 on Student The Kentucky Lawyer Chapter and the University of Louisville Louis D. Brandeis School of Law Student Chapter of the American Constitution Society present: "The Constitution in 2020: Religion in the Public" on April 27 at the Louisville Bar Association...
2010 LEGISLATION: "House passes juror and radon bills; GOP fails again with discharge petition"
Posted on March 31, 2010From the Bluegrass Politics Blog with the Kentucky Herald Leader (www.Kentucky.com), I submit the following squib and link: House passes juror and radon bills; GOP fails again with discharge petition By Jack Brammer on KY General Assembly FRANKFORT -- Any Kentuckian who is at least 80 and disabled may have his or her name removed from the list of prospective jurors under a bill the House approved 85-5 Friday...
2010 LEGISLATURE: "Senate approves ban on texting while driving"
Posted on March 30, 2010From the Bluegrass Politics Blog with the Kentucky Herald Leader (www.Kentucky.com), I submit the following squib and link: Senate approves ban on texting while driving By Government Editor on KY General Assembly By Jack Brammer - jbrammer@herald-leader...
STATE: Jury convicts all 8 defendants in Clay County vote-buying case FROM BLUEGRASS POLITICS BLOG/KENTUCKY.COM
Posted on March 29, 2010Jury convicts all 8 defendants in Clay County vote-buying case By Government Editor on State Government By Bill Estep - bestep@herald-leader.com FRANKFORT ? Some of the most powerful politicians in Clay County corrupted the election process in recent years, buying and stealing votes in pursuit of power and money, a federal jury ruled Wednesday...
JUDICIAL ELECTIONS: Sitting Judge fined for illegal campaign contributions in election that put her on the bench
Posted on March 28, 2010Judge Katie King and her father, mayoral candidate (and metro councilman) Jim King, were fined $15,000 each today (3/25/2010). His violation was giving $130,000 to her campaign, and her violation was accepting it. Although, the Kentucky Registry of Finance concluded the violations were "not knowing", the Kentucky Attorney General has referred the matter to Special Prosecutor Hart McGibben for investigation (and he has been sitting on this for months!)...
APPELLATE DECISIONS (Pretrial deadlines): COA decision addresses effect of new trial date and old pretrial deadlines
Posted on March 23, 2010A new trial date may or may not affect the existing pretrial deadlines, eg., disclosures of witnesses, experts, damages, exhibits, instructions etc. Some guidance when the new trial order may not be clear is found in the COA decision of Rawlings v. Interlock Industries, Inc...
APPELLATE DECISIONS: COA reverses a denial of JNOV and addresses prejudice of voir dire questions relating to plaintiff's occupation/profession as lawyer
Posted on March 23, 2010This COA decision announced Mar. 5, 2010 and authored by Judge Combs arose from a trial out of Jefferson County and resulted in Judge Judith McDonald-Burkman being reversed. The decision was styled Jospeh L. and Julie Hardesty vs. Scot-Bilt Homes and Kenneth S...
TORT REPORT: COA Published Six Tort Decisions in Jan. 2010
Posted on March 22, 2010The COA published 6 torts decisions and 1 insurance law decision in January 2010. TORTS A. Baxter v. AHS Samaritan Hospital, LLC 2008-CA-000541 01/15/2010 2010 WL 133796 Opinion by Judge Keller; Judge Acree concurred; Judge Caperton dissented in part by separate opinion...
APPELLATE DECISIONS: COA Reverses Trial Judge's dismissal for lack of prosecution for failure to make required findings
Posted on March 21, 2010Senior Status Judge Lambert authored a decision which reversed and remanded the trial judge's dismissal for lack of prosecution for failure to make the required findings. I can't say whether this published decision will mark a change in appellate attitude regarding these dismissals for lack of movement by one side or the other, but one might think depriving any party of their Constitutional rights to a jury trial for not moving the case forward is a harsh remedy which ignores the facts of the case...
TORTS (wrongful termination): Brett v. Media General Operations, Inc. (COA 1/29/2010)
Posted on March 21, 2010Brett v. Media General Operations, Inc. 2008-CA-000620 01/29/2010 2010 WL 323136 Opinion by Senior Judge Harris; Judges Lambert and VanMeter concurred. The court affirmed a summary judgment entered by the circuit court in favor of appellant?s former employer, a television station, and its general manager and an order awarding costs to the employer...
APPELLATE DECISIONS: COA reverses a denial of JNOV and addresses prejudice of voir dire questions relating to plaintiff's occupation/profession as lawyer
Posted on March 21, 2010This COA decision announced Mar. 5, 2010 and authored by Judge Combs arose from a trial out of Jefferson County and resulted in Judge Judith McDonald-Burkman being reversed. The decision was styled Jospeh L. and Julie Hardesty vs. Scot-Bilt Homes and Kenneth S...
APPELLATE DECISIONS: Subrogation/reimbursement language in policy did not include UM/UIM proceeds
Posted on March 20, 2010The Court of Appeals in a case of first impression interpreted an insurance policy's subrogation language to rule that the clause was ambiguous and did not include a claim against the uninsured motorist policy. The language in the policy - "claim against any person, firm, or corporation for the injuries and damages sustained as a result of the occurrence on or about the above referenced date," and the language in the subsequently signed reimbursement agreement (which was objected to as changing the terms of the policy and without additional consideration) - "the amount paid by the third party which represents reimbursement to the Insured for such expenses" were interpreted to include a third party tortfeasor and not another insurer...
FAMILY LAW: COA Holds Workers Compensation settlement was marital property in divorce per KRS 403.190
Posted on March 20, 2010Senior Status Judge Harris recently addressed the issue of whether workers compensation benefits were marital property and thus subject to equitable distribution in a divorce. Here is a squib and link to the decision: Day v. Day 2008-CA-000133 12/11/2009 2009 WL 4722579 Opinion by Senior Judge Harris; Judges Lambert and VanMeter concurred...
LOUISVILLE: "Ali tried in state mock trial match"
Posted on March 09, 2010From Courier Journal: Ali tried in state mock trial match Muhammad Ali was surprisingly relaxed as he prepared to go on trial in downtown Louisville on Sunday. Perhaps it was because he wasn't feeling like himself. In fact, he wasn't himself at all. He was Josh Barrett, a 15-year-old who was playing the legendary boxer in a mock trial competition.
LOUISVILLE: "U of L course sees law through lens of literature" taught by attorney Donald Vish
Posted on March 08, 2010From Courier Journal is a very interesting story regarding a "Law and Perspective" course at UofL Law entitled "Law and Literature" taught by attorney Donald Vish: U of L course sees law through lens of literature In most of their classes, they pore over torts, contracts and other exacting areas of the law...
LAWYERS: Couier Journal Story - "Law firm, medical clinic accused of trading clients"
Posted on March 06, 2010Andrew Wolfson of the Courier Journal has followed up with a story on the recent lawsuit filed against a local law firm alleging ties with "Ask Gary". Please see our earlier Feb. 5, 2010 post which contains a link to a copy of the actual complaint filed - LAWYERS: Winters, Yonker and Rousselle plus 1st Physician Rehab named in lawsuit filed in Jefferson Circuit Court...
From Bluegrass Politics Blog: Bill would force legislature, courts to disclose spending
Posted on March 06, 2010From Bluegrass Politics Blog: Bill would force legislature, courts to disclose spending By Government Editor on State Government By John Cheves - jcheves@herald-leader.com FRANKFORT -- The General Assembly and the state courts would have to disclose details of their spending online in a bill the House State Government Committee approved Thursday...
Kentucky Open Government Blog - useful site for lawyers and those interested in government openness
Posted on March 06, 2010I have the Kentucky Open Government Blog in my RSS aggregator since many of its posts are useful for lawyers and government information. Here are some recent posts to whet your appetite: Louisville SPJ hosting session on freedom-of-information issues; register by March 10 Committee OKs bill for openness in family courts Louisville Freedom-of-information session March 13 Bill to open child-abuse death records turned into one for a study that wouldn't be done until 2012
COA 2010 Minutes: February 26, 2010 (Nos. 194-230)
Posted on March 06, 2010COA 2010 Minutes: February 26, 2010 (Nos. 194-230) 37 decisions 5 Published 2 Petitions for rehearing DENIED 1 motion to reconsider DENIED 1 motion for interlocutory relief DENIED Tort/Insurance Decisions: 194 Collins v. Brown 212 Abney v. KFBM Workers Compensation Decisions: 209 Evans v...
Tech: Two posts on iPhone and why lawyers should get this over the other smartie phoney thingees
Posted on March 01, 2010Two recent tech posts at TechnoEsq.com. For what it is worth, I finally went to a 'smart' phone; and the one I picked was the iPhone. It allows me to access my calendars (outlook at work, iCal on my Mac Mini); multiple email accounts (some solely at gMail for listserves, outlook at the office, and Mail on my Mac Mini); my contacts on both work and at home; my Sugar Synch files (which synchronizes files between apple and windows! and is available in the sky and on the road) my Evernote (which runs on both windoze and apple) my Drop Box files FastCase legal research Web browser using Safari and much much more Enuff about me, here are two recent posts from Finis Price: Another Reason the iPhone is the Lawyer?s Phone By Finis Price on lawyer Not a week after finishing the final draft of an article discussing the iPhone?s superiority over phones such as the Droid and Nexus One (basically Android OS phones) for attorneys, an analysis by DisplayMate has revealed the Nexus One?s screen, while offering a higher resolution in icon displays actually lacks the sharpness and correct coloring ...
COURTS: Judge Willett named chief judge, chief regional judge for Jefferson County Circuit Court
Posted on February 27, 2010FRANKFORT, Ky. -- Jefferson County Circuit Court Judge Barry Willett was recently named the chief judge of Jefferson County Circuit Court and the chief regional circuit judge for the Metro Region, which is comprised of Jefferson County. Judge Willett was elected by his fellow Jefferson County circuit judges to serve as their chief judge...
AOC: Courthouse construction under Lambert's tenure and a build now pay later is financially squeezing the courts and the counties per Lexington Herald Leader editorial
Posted on February 17, 2010Courthouse construction and alleged excesses portrayed in following editorial from the Lexington Herald Leader. Ouch as the financial bird that flew the coop this past decade under the tenure of former Chief Justice Lambert has come home to roost on Chief Justice Minton in a financial quagmire not of his own making but the repercussions are now being felt during his watch...
INSURANCE - Unfair Claims: SHAHEEN v. PROGRESSIVE CASUALTY INSURANCE COMPANY
Posted on February 17, 2010Judge Russell's opinion addresses an attempted dismissal of a claim alleging a violation of the Kentucky Unfair Claims Settlement Practices Act in which the liability insurer's proffer of policy limits was rejected by the plaintiff who wanted an unconditional offer but the insurer conditioned its tender upon a release of its insurer...
Jefferson County School Closings and Court Closings Available as Text Message Alerts from Fox 41
Posted on February 15, 2010Yes. And they are free to boot. Just have to have a text messaging cell phone. That's all! Choose from the following message categories: News - Choose to get Breaking News, AMBER Alerts, the Daily Weather Forecast and more. Severe Weather Alerts - Be alerted when severe weather threatens...
COURTHOUSES: New Pike County Courthouse spotlighted in W.Va. Newspaper
Posted on February 15, 2010From the Williamson Daily News on the new Pike County Courthouse and property formerly owned by Justice Will T. Scott: Making way for progress? Williamson Daily News Some of the controversy surrounding the new courthouse is centered on the site on which it will be built...
JEFFERSON TRIAL COURTS: OPEN TUESDAY FEB. 16, 2010 - read below for details
Posted on February 15, 2010Courts OPEN - Jefferson Trial Courts, Circuit, Family and District will operate on regular hours Tuesday, February 16, 2010. The new jury panel is to report at 10 a.m.
Weekly News Roundup - Feb 8 - 14, 2010
Posted on February 14, 2010Please click on the links for the entire and complete stories found at news sites and other blogs: Kentucky Divorce Arbitration Death Blow By Diana L. Skaggs on Case Law - Kentucky Attorney Diana Skaggs Takes Issue With Ct. of Appeals Ruling Which Voids Family Court Arbitration Procedures ? Ruling virtually invites Sup...
ELECTION FINANCES: Jefferson County Kings are not the only elected folks facing financial scrutiny in the commonwealth over their campaign spending and fundraising
Posted on February 14, 2010If you don't think a few bucks from a candidate's father to get her a judicial seat (a/k/a Katie King) is endemic of a campaign finance problem, then take a look elsewhere as seats are for sale and outside interests pony up bucks to put their people in office...
AOC: "Bust of McAnulty unveiled Thursday" from BG Politics Blog
Posted on February 14, 2010From Bluegrass Politics Blog at Herald Leader: Bust of McAnulty unveiled Thursday By Beth Musgrave on Steve Beshear By Beth Musgrave - bmusgrave@herald-leader.com FRANKFORT ? A bust of the state?s first black Supreme Court justice was unveiled Thursday as part of a Black History Month celebration...
NEWS: "Beshear defends Toyota on MSNBC"
Posted on February 14, 2010From Bluegrass Politics blog. As Governor defends Toyota's recall of defective foot pedal, did he insert foot in mouth by supporting a business that might have reckless disregarded the safety of the consumers? Here's the story: Beshear defends Toyota on MSNBC By Government Editor on Steve Beshear And more: Beshear urges Washington to treat Toyota fairly By Government Editor on Steve Beshear Beshear, Daniels urge fair treatment for Toyota Govs...
AOC: Justice McAnulty bust to be unveiled Feb. 11 as part of Black History Month celebration Chief Justice Minton, Gov. Beshear to be among speakers at Capitol
Posted on February 09, 2010FRANKFORT, Ky., Feb. 8, 2010 ? A bust of Justice William E. McAnulty Jr. will be unveiled Thursday, Feb. 11, as part of a tribute to the late justice during the Black History Month program at the Capitol in Frankfort. The event will take place at noon in the Capitol Rotunda and is open to the public...
Weekly News Roundup - Jan. 31-Feb. 7, 2010
Posted on February 07, 2010Please click on the links for the entire and complete stories found at news sites and other blogs: U of L student dragged through legal system for crime she didn't commit Tiffany Washington had just finished classes at University of Louisville in late April 2008 when she returned to her townhouse apartment near campus to find an urgent message from her father telling her to call him...
MEDICAL: Nursing home bill now 'on life support'
Posted on February 07, 2010The following bill to improve nursing home staffing during the day shift or first shift falls short of the mark. Why? I understand most admissions occur at the second or evening shift with dinner, showers and getting residents ready for bed stretching staffing too...
UofL Law: The Value of a Diverse Judiciary is the Focus of Tuesday's Forum
Posted on February 07, 2010The Value of a Diverse Judiciary is the Focus of Tuesday's Forum By vmsmit06 on Student Chief Justice John D. Minton Jr., Judge Denise Clayton, and Judge Joan A. ?Toni? Stringer will speak at the next program in our Diversity Forum Series on Tuesday, February 9...
U of L student dragged through legal system for crime she didn't commit
Posted on February 07, 2010The following stories highlight something amiss with the Louisville Metro Police Department. The allegations and concerns are serious, and I would suspect this story is only the tip of the legal iceberg as potential legal actions are brewing against the officer and others concerned...
COURTS: Lawreader post on judicial struggles elsewhere on adequate funding
Posted on February 05, 2010Retired Judge Stan Billingsley has a post on the struggle over dollars between the judiciary and the legislature as state courts struggle to make payroll in the face of reduced revenues and shrinking budgets. Of course, the courts have always been at the fulcrum point between the executive and the legislature with the strength flowing from public support and confidence in the rule of law and the administration of justice...
LAWYERS: Winters, Yonker and Rousselle plus 1st Physician Rehab named in lawsuit filed in Jefferson Circuit Court
Posted on February 05, 2010I just received a copy of a complaint filed in the Jefferson Circuit Court against the law firm of Winters and Yonker styled by Sharon Langford. The named defendants are: Winters, Yonker & Rousselle, PSC Bill Winters Marc E. Yonker Joseph L. Rousselle, Jr...
AOC: Courthouse construction program creating financial crisis in courts; $76 million increase in funding needed to continue to enable courts to stay open 5 days a week, 52 weeks per year per AOC Director
Posted on February 04, 2010Kentucky.com story on budget woes of AOC and financial strain created by courthouse construction initiative in the face of a weakening economy. State struggles to pay for new courthouses By Linda B. Blackford - lblackford@herald-leader.com The state court system laid off 47 people last fall, and judicial officials say they're looking at even more drastic measures in the upcoming budget cycle...
NEWS: "Man hurt in recalled Camry continues recovery; retains counsel"
Posted on February 03, 2010The following WAVE3 story addresses the Toyota recall and Todd Allen who was injured in a crash involving a recalled Toyota Camry. Mr. Allen has hired a Louisville, Kentucky injury lawyer to pursue his claim for injuries: Man hurt in recalled Camry continues recovery; retains counsel By Jon Chrisos ? bio | email Posted by Charles Gazaway - email LOUISVILLE, KY (WAVE) - A Louisville man remains hospitalized in fair condition after a crash in a recalled Toyota Camry...
JEFFERSON COUNTY COURTS: 2009 Judicial Evaluation Results Available Now at LBA; see links below
Posted on February 03, 2010Judicial Evaluation Results The results of the LBA's annual judicial evaluation of local sitting judges are now available for download. The judicial evaluation, which has been conducted since 1979, is designed to provide constructive criticism to sitting judges in order to allow them to improve their performance and maintain the high quality of justice delivered throughout Jefferson County...
LBA: Results of judicial evaluations to be announced today at Louisville Bar Association Conference - Tuesday, Feb.2, 2010 @ 10:30 am - Media and members and public invited
Posted on February 02, 2010MEDIA ADVISORY Contact: Steven Valdez svaldez@loubar.org 502.569.1357 Louisville Bar Association to Announce Results of Judicial Evaluation by Attorneys of Local Judges Louisville, KY -- On Tuesday, February 2 at 10:30am in the Louisville Bar Center located at 600 West Main St...
From Louisville News and Politics: 'THE SPORT OF KINGS: KING SAGA CONTINUES'
Posted on February 02, 2010The following post by Ed Springston addressing the lack of action by the legal system regarding the campaign finance irregularities surrounding the judicial campaign of Judge Katie King should give lawyers pause on how others perceive us and the judicial system...
2010 Legislature: "Restitution bill seeks to overcome unintended consequence"
Posted on February 01, 2010Restitution bill seeks to overcome unintended consequence FROM COURIER JOURNAL The House Judiciary Committee Wednesday approved a measure aimed at reversing the effect of a law the General Assembly passed last year that forces some defendants convicted of theft to relinquish their drivers' licenses until they pay restitution.
LAWYERS: "Civil liberties lawyer David Friedman accused of keeping cash owed to clients"
Posted on January 30, 2010Civil liberties lawyer David Friedman accused of keeping cash owed to clients David Friedman, who won major court victories for the American Civil Liberties Union of Kentucky as its volunteer general counsel for 25 years, including a Ten Commandments case before the U...
Weekly News Roundup - Jan. 26-30, 2010
Posted on January 30, 2010Please click on the links for the entire and complete stories found at news sites and other blogs: News: IT'S OFFICIAL: SPRINGSTON IN FOR 28TH DISTRICT HOUSE SEAT Fee-dispute trial outcome still unknownJudge Willett named chief judge, chief regional judge for Jefferson County Circuit Court Kentucky State Auditor Crit Luallen to audit prison contract Attorney William O...
JEFFERSON COUNTY JUDICIAL ELECTIONS 2010: "Only one primary race for Jefferson District Court this year"
Posted on January 30, 2010Only one primary race for Jefferson District Court this year Jefferson County District Court has 17 divisions, but only one will feature a primary race for judge this year. Three candidates want to be the district court judge for the 14th division: Jan Brightwell, Stephanie Pearce Burke and Mason Trenaman...
BLAWGS: Some recent law blog posts - Jan. 26, 2010
Posted on January 28, 2010For those who practice family law, the Divorce Law Journal published by Louisville attorney Diana Skaggs is a must read for keeping current on local and national legal developments in this area. You can subscribe via email or RSS feeds. Here are some posts from this past week...
STATE: Some press releases from Kentucky
Posted on January 26, 2010Judge Willett named chief judge, chief regional judge for Jefferson County Circuit Court National Report Gives Kentucky High Marks for Outcomes in Child Welfare and Public Assistance; Council of State Governments study indicates children in foster care are safe Attorney General Conway Announces Availability of Child Sexual Abuse Prevention Grant Two Community Presence Caregivers Sentenced For Abusing A Patient Beshear budget proposal spares education and health care priorities with no tax increases and limited cuts Attorney General Conway Announces Indictment against Former Lewis County Clerk Governor Beshear welcomes Judicial Branch to Kentucky?s Open Door site Former Madison Manor Nurse?s Aide Pleads Guilty to Abuse of a Patient
FINANCES: "Ky. Supreme Court: No private money in General Fund" from BlueGrass Politics Blog
Posted on January 26, 2010Ky. Supreme Court: No private money in General Fund By Government Editor on Steve Beshear By Jack Brammer - jbrammer@herald-leader.com FRANKFORT? The Kentucky Supreme Court has ruled that the governor and state legislators can't transfer money to the state's General Fund from accounts where public and private dollars are co-mingled...
More on the Katie King - Jim King Campaign Finance Story as Legislation Proposed to Clear up the mess
Posted on January 26, 2010The news stories indicate that Jim King gave his daughter $145,000 in the midst of her campaign to be used for her judicial campaign knowing she would put the money in her campaign as her own money. Some may question whether or not the statute was really that unclear and had enough wiggle room to permit a father to give his daughter $145,000 to finance her campaign under the guise of a "personal" gift...
Weekly News Roundup - Jan. 17-25, 2010
Posted on January 26, 2010Please click on the links for the entire and complete stories found at news sites and other blogs: Obama picks U.S. attorneys for Kentucky IT'S OFFICIAL: SPRINGSTON IN FOR 28TH DISTRICT HOUSE SEAT YES IT IS TRUE: CRIMINAL CHARGES FILED AGAINST KING ATTORNEYS SHERYL SNYDER AND AMY CUBBAGE: LIES AND DECEPTION AT FROST, BROWN, AND TODD FOX41'S BILL LAMB: LEAVE MY FRIEND ALONE! Senate passes ultrasound abortion bill Week two of Lawson/Nighbert trial Jury says Conti doesn't have to pay damages to Medicare, Medicaid Prosecution plays taped conversations in bribery trial Ten Commandments reposted on Kentucky courthouse walls in Leitchfield Conference of death penalty opponents ends with call for compassion Lawyers fight over whether fee to be split King files for mayor, releases stand on library, parks King proposes labor plan Search-dog handler said he saw suspect at murdered boy's apartment complex A handler of search dogs testified Monday in Jefferson Circuit Court that he saw Cecil Eugene New II coming out of the basement of the apartment complex where 4-year-old César Ivan Aguilar-Cano lived just days after the child disappeared in June 2007.
VERDICTS: "Jury says Conti doesn't have to pay damages to Medicare, Medicaid" from Courier Journal
Posted on January 26, 2010Jury says Conti doesn't have to pay damages to Medicare, Medicaid A jury has rejected the U.S. Justice Department's claim that Louisville businessman Tony Conti and his wife, Victoria Conti, should pay up to $1.4 million in damages for allegedly overbilling Medicare and Medicaid for back braces.
LAWYERS: "Prosecutors, public defenders spared more budget cuts" from Courier Journal
Posted on January 26, 2010Prosecutors, public defenders spared more budget cuts After seeing their state budgets shrink dramatically in recent years, Kentucky's prosecutors and public defenders would be spared from further cuts in 2011 and 2012 under Gov. Steve Beshear's proposed budget...
ELECTIONS: "Ruling will affect Kentucky contribution law" from Courier Journal
Posted on January 26, 2010Ruling will affect Kentucky contribution law The U.S. Supreme Court decision allowing corporations and unions to spend money to support or oppose political candidates will invalidate state law in Kentucky, but not in Indiana.
LAWYERS: "Lawyers fight over whether fee to be split" from Courier Journal
Posted on January 26, 2010Lawyers fight over whether fee to be split After rising young Louisville lawyer Hans Poppe helped win a $3.8 million verdict last June for a client, prominent attorney William McMurry, who had hired Poppe out of law school 10 years earlier, demanded a cut of the $1...
TORT REPORT: SCOKY Jan. 21, 2010 Decisions
Posted on January 24, 2010There were three civil/tort decisions from SCOKY for Jan. 2010: The Jewell decision is probably the most significant for those practicing motor vehicle insurance law since it addressed PIP, UIM, and Workers Compensation assignments. I suggest it be read in its entirety...
SCOKY: JAN 2010 Court Week
Posted on January 24, 2010Jan. 17-21, 2010 marked SCOKY's Court Week. Part of these proceeds in the form of the argument calendar and minutes have been posted. The argument calendar with cases, issues and briefs is available by clicking here. I was unable to capture any of these live arguments (well, just one)...
FEDERAL: Juror's use of internet research results in juror misconduct and new trial in taser death case
Posted on January 17, 2010FROM COURIER JOURNAL: Judge finds jury misconduct in case on Taser-related death A federal judge has ruled there was jury misconduct in a civil case brought against Louisville police by the estate of a man who died after being shocked with a Taser. U...
LAWYERS: "Bar association votes to disbar fen-phen attorney:" Melbourne Mills Jr. AND Lester Burns, Jr.
Posted on January 17, 2010FROM COURIER JOURNAL: Bar association votes to disbar fen-phen attorney The Board of Governors of the Kentucky Bar Association has voted to disbar two prominent attorneys. Melbourne Mills Jr. AND Lester Burns, Jr.
Weekly News Roundup - Dec. 26, 09 -- Jan 17, 2010
Posted on January 17, 2010Sorry for the delay - I have been a bit 'under the weather'. Please click on the links for the entire and complete stories found at news sites and other blogs: Bar association votes to disbar fen-phen attorney Judge finds jury misconduct in case on Taser-related death Court backs Grayson Commandments display City won't challenge furlough decision Bill would limit what candidate could spend Key witness takes stand in bid-rigging trial PVAs push for changes to ethics rules Bill would restore funding for social workers Abortion bill passes Senate panel Ky...
Coming to the nuisance and trying to close the plant down may smell worse than the actual plant
Posted on January 17, 2010Interesting twist on the following story. You buy a home near a packing plant that employs many people and has been there for years, and most probably got a good price on your residence due to its close proximity to the packing plant, and now want to limit the plant saying it smells worse than you believed with added benefit of the value of your home and others increasing should the plant move and thousands thrown out of work...
More on Wayside Christian Mission Woes as the zoning rules may strike back
Posted on January 17, 2010Every time I read a story about the Wayside Christian Missions zoning woes to provide shelter for the homeless, the phrase "no room at the inn" keeps running across my brain. Louisville has homeless persons. Government cannot handle the problem, and this has been traditionally a private charitable concern for centuries...
ELECTIONS: Jim King throws $760,000 of his own money into his mayor's campaign
Posted on January 17, 2010The reason stories about Jim King's campaign finances keep ending up on these pages is simply because of the campaign violations he and his daughter Judge Katie King committed in getting her elected for a district judge's seat in Jefferson County. So here is another story in which Jim King has contributed $760,000 of his own money to his campaign for metro mayor...
JEFFERSON COUNTY: "Fired prosecutor to run against county attorney"
Posted on January 17, 2010Fired prosecutor to run against county attorney The former head of criminal prosecutions for the Jefferson County attorney's office, who was fired earlier this week by County Attorney Mike O'Connell, announced Wednesday that she will run against him in this year's election...
COURTS: "State courts system putting expense data online"
Posted on January 17, 2010FROM Herald Leader's Bluegrass Politics Blog: State courts system putting expense data online By Government Editor on State Government The state judicial system will start putting its contracts and expenditures on a government web site aimed at opening state government to public scrutiny...
HELP HAITI: Kentucky Lawyers Care can help get money to the American Red Cross to help Haitians NOW and cut through the red tape
Posted on January 15, 2010I am proud to post this following email I received from attorney Phil Grossman. I am not sure who has taken the lead, but it does not matter. It is amazing what can be accomplished when no one worries about who gets the credit. There are over 16,000 lawyers in Kentucky, and if each one gives $10, then $160,000 can be raised nearly over night...
LAS: Upcoming Consumer/Public clinics on foreclosure, bankruptcy and divorce (Jan 2010)
Posted on January 13, 2010Louisville's Legal Aid Aid Society is offering the following clinics: Foreclosure clinics will be held: Thursday at 5 p.m.; Jan. 19 at 11 a.m.; Jan. 26 at 11 a.m.; Jan. 28 at 5 p.m.; Feb. 2 at 11 a.m.; Feb. 4 at 5 p.m.; Feb. 9 at 11 a.m.; Feb. 11 at 5 p...
FAMILY LAW: QDROs For Ky State Retirement Benefits By Diana L. Skaggs
Posted on January 13, 2010From Divorce Law Journal: Ky Criminal Background Checks - New Way To Access QDROs For Ky State Retirement Benefit
UofL Law: UofL Law Library Enhances Its Digital Collection
Posted on January 13, 2010From UofL Law School is the following post by Virginia Smith. Click on link for entire post. UofL Law Library Enhances Its Digital CollectionPRESS RELEASE UofL Law Library Enhances Its Digital Collection January 6, 2010 LOUISVILLE, Ky. ? The University of Louisville Law Library, in conjunction with University Libraries, has enhanced its digital collection with the addition of 88 plates from H...
January 2010 Oral Argument Calendars Posted at the Kentucky Court Report
Posted on January 12, 2010SCOKY Oral Arguments for January 13, 14, and 15, 2010 COA Argument Calendar for January 2009
Jefferson Prosecutor fired for failing to report officers' court absences
Posted on January 06, 2010Prosecutor fired for failing to report officers' absences The head of criminal prosecutions for the Jefferson County attorney's office was fired Tuesday for not enforcing a policy designed to track police officers who failed to appear in court.
AOC announces changes to service providing criminal record reports
Posted on January 06, 2010AOC announces changes to service providing criminal record reports Tuesday, January 05, 2010 The Administrative Office of the Courts is making changes to its service that provides criminal background reports. A fee increase and a new online service will be effective Jan...
CJ: "Trust accounts for lawyers mandatory"
Posted on December 31, 2009Trust accounts for lawyers mandatory Twenty-two years after it was recommended by the American Bar Association, Kentucky next month will finally make it mandatory for lawyers to participate in a banking program that raises money for legal aid to the poor...
Open Door and the Judicial Cabinet's Legal Expenses
Posted on December 27, 2009This past week I received an email annoucing the judiciary's participation in the open government portal documenting various expenses of the three branches of government. I was curious how the data base worked and what kind of information was available...
WEEKLY ROUNDUP: Law News from around the circuit - Dec. 21-25, 2009
Posted on December 26, 2009Legal news stories from around the circuit. Be sure to click on the heading link to go to the provider for the entire story. Please note we obtain these links from various newspapers and blogs, mostly in Kentucky but also throughout the nation. Support these organizations by clicking on the titles for the entire story...
AOC: "Judicial Branch financial information now on Kentucky?s OpenDoor website"
Posted on December 26, 2009FRANKFORT, Ky., Dec. 21, 2009 ? Chief Justice of Kentucky John D. Minton Jr. announced today that the Judicial Branch has joined the e-Transparency initiative launched by the Executive Branch earlier this year. Judicial Branch expenditures and contracts are now posted on Kentucky?s OpenDoor website at www...
COURTHOUSE DEDICATIONS: Jackson (12/29/09) and Robertson (1/4/10) Counties
Posted on December 21, 2009Jackson County Judicial Center Dedication Ceremony Tuesday, December 29, 2009 1:00 PM EST 101 First St., McKee, KY 40447 Project details: Jackson County Robertson County Judicial Center Dedication Ceremony Monday, January 04, 2010 2:00 PM EST 73 E. Walnut St...
JUDGES: Governor appoints four judges to fill vacancies - Marshall; Delaney; Earle; Mullins
Posted on December 21, 2009Gov. Steve Beshear announced Dec. 18 his appointment of four judges to fill vacancies. Dwight Stacy Marshall was appointed to the Family Court judgeship in the 31st Judicial Circuit, Division 3, which consists of Floyd County. Jay Brett Delaney was appointed to the judgeship in the 18th Judicial Circuit, Division 1, which consists of Harrison, Nicholas, Pendleton and Robertson counties...
LAW SCHOOLS - UofL: "Carpe Diem: Privacy Protection in Employment Act" by Ariana Levinson
Posted on December 21, 2009From SSRN - abstract of law review article to be published by UofL Law School's Ariana Levinson: LEGAL SCHOLARSHIP NETWORK: LEGAL STUDIES RESEARCH PAPER SERIES UNIVERSITY OF LOUISVILLE SCHOOL OF LAW "Carpe Diem: Privacy Protection in Employment Act" Akron Law Review, Forthcoming University of Louisville School of Law Legal Studies Research Paper Series No...
KBA: 'KENTUCKY BAR ASSOCIATION ROUNDTABLE SEEKS ADEQUATE FUNDING FOR CRIMINAL JUSTICE SYSTEM'
Posted on December 21, 2009FRANKFORT, Ky. -- An advisory group of judges, prosecutors, defense lawyers and law professors seeking common ground to ensure proper funding of the state?s criminal justice system forwarded its findings today to Gov. Steve Beshear and the leadership of the Kentucky General Assembly for their consideration in the budget-making process...
Courier Journal Special Report - Children in Crisis
Posted on December 20, 2009Deborah Yetter with the Courier Journal did a special report on Children in Crisis. Kentucky leads the nation in deaths from child abuse and neglect and at least half the deaths have come after the cases came to the attention of child welfare authorities...
WEEKLY ROUNDUP: Law News from around the circuit - Dec. 12-20, 2009
Posted on December 20, 2009Legal news stories from around the circuit. Be sure to click on the heading link to go to the provider for the entire story: Lexington lawyer named one of 2009's top 10 A Lexington lawyer who fought for five years to uncover one of the largest legal frauds in Kentucky history has been selected as one of the best lawyers of 2009 by a legal publication...
Kentucky chief justice supports attempt to open family courts
Posted on December 20, 2009Kudos to the Kentucky Supreme Court Chief Justice John Minton's statement supporting an attempt to open family courts. Apparently, the timing is in response to the Courier Journal series "CHILDREN IN CRISIS". Hopefully, his support is stronger than his lukewarm moves to open up the AOC and make it more "transparent"...
Blawgs: Check out "Plaintiff Trial Lawyer Tips" by Paul Luvera
Posted on December 18, 2009Trying cases or just mediating all the time? Well, if you tried, trying, or plan to try again, then here is a useful blog with a name that says it all - Plaintiff's Trial Lawyer Tips. Very useful. Eg., here are some recent posts. SIMPLE TRIAL PREPARATION CHECKLIST VOIR DIRE DONE RIGHT ERIC OLIVER & COMMUNICATION CONCEPTS The blogger is none other than nationally known Paul Luvera...
From UofL Law: " House Approves Yarmuth's Resolution Honoring Career of Louisville Native and Supreme Court Justice Louis Brandeis"
Posted on December 18, 2009Thanks to Virginia Smith at UofL Law for the following post at the school's web site: House Approves Yarmuth's Resolution Honoring Career of Louisville Native and Supreme Court Justice Louis Brandeis By vmsmit06 on Student Wednesday December 16, 2009 (Washington, DC) Today, the House of Representatives approved ? by a vote of 423 to 1 - H...
2010 Legislature: Prefiled bill to remove dueling from oath might not be the best investment of legislative time or taxpayer dollars to place on the ballot in the midst of a national economic crisis
Posted on December 17, 2009I like Representative Owens, but I don't think we need to change the oath to remove dueling. It provides us with a link to the past. Once upon a time disputes were resolved by duels rather than the courts or other legitimate means. Alexander Hamilton was killed one...
Daniel Mongiardo on Tort Reform
Posted on December 17, 2009I found the following YouTube video by LTGOV Dan Mongiardo on "Tort Reform" at Jacob Payne's PageOne Louisville Web Site - Fancy Scripted Videos From Fancy Candidates
COURTS: Scoville Law Firm dropped from law suit by Diana Ross
Posted on December 17, 2009An order filed in Fayette Circuit Court on Monday removes The Scoville Firm PLLC from the lawsuit filed by Diana Ross, the Lexington Herald-Leader reported. Law firm representing Nunn dropped from wrongful death lawsuitLEXINGTON, Ky. ? The law firm representing former state Rep...
LAWYERS: Lawyers USA names Angela Ford, Lexington Lawyer, a TOP Ten nationally for 2009
Posted on December 17, 2009From Bluegrass Politics Blog is a post on Angela Ford and Fen Phen Crusade earning her a top ten lawyer award for 2009! Pretty heady stuff. Interestingly enough, Angela did not make the "Super Lawyers" or "Best Lawyers" lists for Kentucky. Keep in mind Angela has been fighting this good fight for 5+ years against the "diet drug lawyers"; so this is not a recent development...
JUDGES: Judicial Nominating Commission announces nominees for vacant judgeship that serves Floyd County
Posted on December 17, 2009FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant Family Court judgeship in the 31st Judicial Circuit, Division 3, which serves Floyd County. The three attorneys named as nominees to fill the vacancy are David Allen Barber, Cynthia Elaine Elliott and Dwight Stacy Marshall, all of Prestonsburg...
JUDGES: Judicial Nominating Commission announces nominees for vacant judgeship that serves Letcher County
Posted on December 17, 2009FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant District Court judgeship in the 47th Judicial District, which consists of Letcher County. The three attorneys named as nominees to fill the vacancy are James A...
ELECTIONS: Post at PageOne on Mayoral Candidate Jim King for those koncerned
Posted on December 15, 2009Normally, I would not get too worked up about the Louisville Metro Mayor's election since it is not directly related to the courts, but the ruckus over Jim and Katie King's intertwining finances in last year's elections, the paternal input into judicial evaluations, and failure of Judge Katie King to accept responsibility for campaign finance decisions of her own campaign (allowing her father to take the hit) mandates some mention and monitoring the comings and goings in that race...
2010 SESSION: Proposed bill to open ALL government expenses to public scruting - all three branches!
Posted on December 15, 2009If the AOC won't move toward transparency and financial accountability on its own, then it looks like the legislature will take up the cause. Here's a post at Bluegrass Politics Blog from the Herald Leader: Lawmakers push measure to list government expenses on the Web By Jack Brammer on State Government FRANKFORT ? Two Republican lawmakers are backing a proposal for consideration in the upcoming legislative session to require each branch of government to divulge its expenses on a Web site...
JUDGES: * Judicial Nominating Commission announces nominees for vacant judgeship that serves McLean and Muhlenberg counties
Posted on December 15, 2009FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant District Court judgeship in the 45th Judicial District, which consists of McLean and Muhlenberg counties...
JUDGES: Judicial Nominating Commission announces nominees for vacant judgeship that serves Harrison, Nicholas, Pendleton and Robertson counties
Posted on December 15, 2009FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant Circuit Court judgeship in the 18th Judicial Circuit, Division 1, consisting of Harrison, Nicholas, Pendleton and Robertson counties...
Tigers by the Tale. Is a blogging post journalism, legal literature, or just plain old advertising for some hits on the net?
Posted on December 14, 2009I just read a post from a lawyer prognosticating about the legal claims that possibly could arise against a prominent golfer by those who use him in their advertising. The blog post was embedded in the firm's web site. Talk about hitting one out of the woods and into a sand trap...
Law News from around the circuit ending Dec. 11, 2009
Posted on December 12, 2009Legal news stories from around the circuit. Be sure to click on the heading link to go to the provider for the entire story: State police blamed in death Agreeing to serve as a confidential informant for the Kentucky State Police after being charged with a crime in high school, 17-year-old Lebron Gaither of Lebanon, Ky...
Does law protect fetuses from mothers'
Posted on December 11, 2009Does law protect fetuses from mothers' cocaine use? State-Journal.com By Kevin Wheatley Two attorneys have argued before the Kentucky Supreme Court whether a Casey County woman could be charged with endangering the life of her child for using cocaine during her pregnancy...
COURTS: Jefferson Clerk's office to be closed Christmas Eve, Christmas
Posted on December 11, 2009Clerk's office to be closed Christmas Eve, Christmas The Jefferson County Clerk's Office and all of its motor-vehicle customer-service locations will be closed Dec. 24 and 25 in observance of Christmas, Clerk Bobbie Holsclaw has announced.
COURTS: Taylor County to dedicate new justice center Dec. 15
Posted on December 11, 2009Taylor County to dedicate new justice center Dec. 15 State and local officials, public invited to attend official opening of the Taylor County Justice Center.
Courts - "Trial of Blogger Accused of Threatening 7th Circuit Judges Opens"
Posted on December 11, 2009Lawyers, Judges, and Sanctions...... oh my! Here's a chilling story found at the Indiana Law Blog. Chilling to me as I write another blog post, that is: Courts - "Trial of Blogger Accused of Threatening 7th Circuit Judges Opens" By Marcia Oddi on Courts in general Just so you know, a trial with bizarre facts is taking place in Brooklyn...
BOOKS: Stan Billingsley's book for sale: "PROSECUTORIAL ACCOUNTABILITY: HOW THE COURTS AND LEGISLATURE PROTECT PROSECUTORS FROM ACCOUNTABILITY FOR VIOLATION OF LAWS, ETHICAL RULES & CITIZEN?S RIGHTS"
Posted on December 11, 2009Click here to purchase: PROSECUTORIAL ACCOUNTABILITY: HOW THE COURTS AND LEGISLATURE PROTECT PROSECUTORS FROM ACCOUNTABILITY FOR VIOLATION OF LAWS, ETHICAL RULES & CITIZEN?S RIGHTS - By Judge Stan Billingsley (Ret.) Judge Billingsley?s new book discusses our non-functioning system for ethics accountability for federal and state prosecutors...
Law News from around the circuit ending Dec. 6, 2009
Posted on December 06, 2009Legal news stories from around the circuit. Be sure to click on the heading link to go to the provider for the entire story: Corrections will not appeal lethal injection decision [BLUEGRASS POLITICS BLOG] By Beth Musgrave on Steve Beshear By Beth Musgrave - bmusgrave@herald-leader...
NUNN: "Nunn's legal team in 'quandary'" from Herald Leader
Posted on December 06, 2009This story highlights a legal issue of some interest relating to the rights of a potential claimant to a civil defendant's assets who is also a criminal defendant. Fifth Amendment rights against self-incrimination come into play in both the civil and criminal matters; not to mention the criminal defendant's rights to his or her assets to defend the criminal matter...
LAWYERS: "Lexington lawyer, wife indicted in oil scam" - HERALD-LEADER
Posted on December 06, 2009FROM KENTUCKY.COM - HEARLD-LEADER: Lexington lawyer, wife indicted in oil scam A Lexington lawyer took part in a long-running scheme to fleece investors of more than $34 million selling fraudulent investment programs to drill oil and gas wells, a federal grand jury charged Friday...
Other Blogs: "NEW CASTLE ATTORNEY JOHN M. BERRY JR. AND ACLU HAVE SUED REED N. MOORE JR IN HIS CAPACITY AS CHAIRMAN OF KBA INQUIRY COMMISSION. The Federal lawsuit alleges the KBA Inquiry Commission violated Berry?s Constitutional Rights to Criticize Ac
Posted on December 04, 2009From Stan Billingsley at the LawReader blog: NEW CASTLE ATTORNEY JOHN M. BERRY JR. AND ACLU HAVE SUED REED N. MOORE JR IN HIS CAPACITY AS CHAIRMAN OF KBA INQUIRY COMMISSION. The Federal lawsuit alleges the KBA Inquiry Commission violated Berry?s Constitutional Rights to Criticize Actions of the Legislative Ethics Commission
Law Blogs: "KENTON COM. ATTN. SUED FOR MALACIOUS PROSECUTION BY ACQUITTED SCHOOL TEACHER WHO WAS ALLEGED TO HAVE HAD SEX WITH A MALE STUDENT"
Posted on December 04, 2009From Lawreader: KENTON COM. ATTN. SUED FOR MALACIOUS PROSECUTION BY ACQUITTED SCHOOL TEACHER WHO WAS ALLEGED TO HAVE HAD SEX WITH A MALE STUDENT
ELSEWHERE BLOGS: A Taste of Indiana Law Blog Posts
Posted on December 03, 2009Not all that glitters is found at this blog. (wink). There are some golden nuggets found north of us at the Indiana Law Blog. Every now and then I share some of these with you. Better yet, subscribe to Marci Oddi's blog directly! Courts - More on "States Letting Lawyers Provide 'A La Carte' Menu of Legal Services" Courts - "Today is the first day of the so-called 'days are days' approach to calculating time" under the Federal Rules...
Family Law: "Williams v. Bittel, Ky COA, Custody Modification and Stay of Foreign Judgment" posted at Divorce Law Journal
Posted on December 03, 2009Williams v. Bittel, Ky COA, Custody Modification and Stay of Foreign Judgment
The 7th Annual Great Escape Luncheon and Silent Auction - Friday Dec. 4, 2009
Posted on December 03, 2009Friday afternoon is a great opportunity to support your local county law library downtown, rub elbows with some of your friends, lawyers and judges, and meet the staff. The silent auction is fantastic, and the special drawing is a great escape at home...
Law News from around the circuit ending Dec. 2, 2009
Posted on December 02, 2009Legal news stories from around the circuit. Be sure to click on the heading link to go to the provider for the entire story: A place for Truth and Justice To clear the record, "Truth and Justice," the Barney Bright sculpture that stood outside Louisville's downtown Legal Arts Building for nearly 30 years, was never lost...
LAWYERS: Nunn's attorneys seek release of money from auction of his home
Posted on December 02, 2009FROM KENTUCKY.COM: Nunn's attorneys seek release of money from auction of his homeThe attorneys for former state Rep. Steve Nunn have asked a Fayette Circuit Court judge to release money from the sale of Nunn's home in Glasgow to pay legal fees, according to a motion filed Monday.
SCOKY: Supreme Court upholds sanity
Posted on December 02, 2009Supreme Court upholds sanity It wasn't even close. A unanimous Supreme Court upheld the Beshear administration's early release of thousands of inmates. The opinion makes clear that the legislature intended for the early- release program to apply to people sentenced before it became law and that the legislature was well within its authority to do so...
In Memoriam: A. Robert Doll, prominent Louisville lawyer, dies at age 82
Posted on December 02, 2009A. Robert Doll, prominent Louisville lawyer, dies at age 82 A. Robert Doll, a founding member and former managing partner of the law firm Greenebaum, Doll McDonald, died Sunday at Baptist Hospital East in Louisville. He was 82. Mr. Doll joined the fledgling Louisville law firm Greenebaum, Barnett Carroll in the 1950s after a stint with the Internal Revenue Service...
November 2009 Minutes Available for SC and COA at Kentucky Court Report
Posted on December 02, 2009Here are the Kentucky Court Reports postings with links to the minutes for November 2009 for the Supreme Court of Kentucky (SCOKY) and the Court of Appeals for Kentucky (COAKY). Each post contains a link to the full text of the minutes with a short digest of the published decisions (with name, link to full text, topical note, and digest note)...
December 2009 Oral Argument Calendars Posted at the Kentucky Court Report
Posted on December 01, 2009SCOKY Oral Arguments for December 9, 10 and 11, 2009 COA Argument Calendar for December 2009
Criminal Cases: "A governor's son sentenced to die? Kentucky saw it in past" from CJ
Posted on September 30, 2009Here's an interesting historical perspective by Joe Gerth of the Courier Journal: A governor's son sentenced to die? Kentucky saw it in past Louisville Courier-Journal It's a sad story that involves a murder, a wasted political career, a failed suicide attempt and a Kentucky governor's son being sentenced to death...
Verdicts: Story on $101 Million Verdict against Ventas
Posted on September 29, 2009$101 million dollar verdict rendered against Ventas in federal court. Story by Andrew Wolfson of Courier Journal: Line between competition and ethics at heart of record award By Andrew Wolfson ? awolfson@courier-journal.com ? September 14, 2009 The $101 million verdict returned Sept...
Recent Criminal Cases in the News
Posted on September 29, 2009My Google news alert provided me with the following: Teen Sentenced For 2008 Slaying WLKY.com LOUISVILLE, Ky. -- A Louisville teen was sentenced Friday for the death of a police detective's cousin. James Gore shot 34-year old Delshawn Banks in May .....
MUSIC: LawLaPalooza 2009 at Phoenix Hill on Thurs. Oct 1 - Battle of the Bands to Benefit the Judge Ellen B. Ewing Foundation
Posted on September 29, 2009Don't forget Lawlapalooza - Battle of the Bands to Benefit the Judge Ellen B. Ewing Foundation - at Phoenix Hill on Thursday Night, Oct. 1, 2009 at Lawlapalooza is the Louisville legal community's annual battle of the bands, staged since 2005, to benefit the Judge Ellen B...
More on King Campaign Finance Violations: "Conduct Of King Attorney Questioned" from wlky.com
Posted on September 29, 2009The following story shows how the allegations surrounding the King campaign finance violations spilled over to allegations against the attorney representing the King(s): Conduct Of King Attorney Questioned Registry Investigating Gifts Jim King Gave Daughter During Campaign By Andy Alcock/WLKY...
AG: Attorney General Conway Files Suit Against Merck alleging Consumer Practice Act Violation against Merch for Vioxx marketing
Posted on September 29, 2009Attorney General Jack Conway today filed suit in Franklin Circuit Court against pharmaceutical giant Merck & Co. alleging violations of Kentucky's Consumer Protection Act related to the anti-inflammatory drug Vioxx. General Conway is seeking injunctive relief, civil penalties, and other equitable relief related to Merck's marketing of Vioxx...
News: Around the Circuit - Kentucky Law News stories 9/29/2009
Posted on September 29, 2009Norton, Anthem hold third day of talks Norton Healthcare and health insurer Anthem conducted their third day of negotiations toward a new contract Monday, but made no statement about any progress. U of L reports possible attempted sex assault The University of Louisville issued a campus-wide alert on Monday after a possible attempted sexual assault on its Belknap Campus...
Criminal Trials: "Juror: Stinson verdict was a "no brainer" - WHAS11
Posted on September 28, 2009WHAS news story on unidentified juror regarding Stinson trial: Juror: Stinson verdict was a "no brainer" 11:57 PM EDT on Monday, September 21, 2009 WHAS11 Coverage Tell Us: Do you agree with the verdict in the Stinson trial? Raw: Entire closing argument from Stinson defense Raw: Entire closing argument from Stinson prosecution Video: The verdict is announced (WHAS11) - For the first time since they acquitted former coach Jason Stinson, a juror on that case is talking about the decision to clear him...
CRIMINAL: "After 10 years, Jessica Dishon's family still seeks justice in Bullitt teen's murder" by Emily Hagedorn of Courier Journal
Posted on September 28, 2009The following story from the Courier Journal may be a human interest piece, but it is also a reminder that behind the recent stories regarding judicial campaign violations, AOC layoffs, criminal trials against a coach, and more, are the people. People who expect the system to work; to find the criminals and bring them to justice...
Judges: Kristi Castillo appointed district court judge in Cumberland & Monroe Counties
Posted on September 27, 2009From Kentucky.com:Beshear appoints Williams' law associate to judgeship By Jack Brammer - jbrammer@herald-leader.com FRANKFORT ? Gov. Steve Beshear appointed Kristi Renee Castillo, an associate in the Burkesville law firm of Senate President David Williams, to a district court judgeship...
State Judges: Story from State Journal on Judge Rhorer's stepping down from bench and Squire Williams stepping up to the bench
Posted on September 27, 2009Here's a story from the State Journal. Emotions ran high By Charlie Pearl September 22, 2009 Judge Reed Rhorer says the toughest part of family court was the child abuse cases. ?Over the years there have been newborns who eventually died because of neglect and abuse of their custodians,? Rhorer says...
More links to stories on the Judge King Campaign Finance Violations
Posted on September 27, 2009My earlier post (Judicial Elections - Stories on Judge Katie King's Campaign Finance Violations of the law) linked mostly to the series of stories in the news. Here are some links to the bloggers: BTW - here is a link to a google search I also overlooked Jim King's response posted in the Courier-Journal: Letters to the Editor: King defends gifts to daughter Special Prosecutor Decision In King Case On Hold, reports WLKY22 Sep 2009 by Drteds The Jefferson County attorney has asked that office to appoint a special prosecutor to investigate possible criminal wrongdoing by Rep...
Judicial Elections - Stories on Judge Katie King's Campaign Finance Violations of the law
Posted on September 27, 2009Here are some of the stories surrounding the Katie King campaign for Jefferson District Court judge in 2009 and campaign finance violations arising from $145,000 in gifts from her father to his daughter. September 26, 2009 - WLKY.com story - Board: Kings Violated Finance Law...
KY COURT REPORT: COA 2009 Minutes: September 25, 2009 (Nos. 980-1000)
Posted on September 26, 2009COA 2009 Minutes: September 25, 2009 (Nos. 980-1000)
SCOKY Oral Arguments for September 23, 24, 2009 at the Kentucky Court Report
Posted on September 22, 2009Here is the link to dates, times, issues, full text briefs, and underlying COA decision (if applicable) for SCOKY Oral Arguments for September 23, 24, 2009
Kentucky Court Report - - - COA 2009 Minutes: September 11, 2009 (Nos. 923-951)
Posted on September 20, 2009For those who have not check out the Kentucky Court Report lately, here is a post on how we do the minutes now. I have figured out how to easily copy the links and more importantly some of the text directly out of the decisions so that you can get a small taste of what each of the published decisions addressed...
AG: Political Bridge Blog posts re: Kentucky AG Office:
Posted on September 19, 2009Political Bridge Blog posts re: Kentucky AG Office: Deputy Attorney General of KY Threatens Reporter from South Carolina with Witness Tampering Attorney General Jack Conway Accepted a $50,000 Check From an Organization Associated with OxyContin
Lexington: Lexington balks; gas rate settlement stalls
Posted on September 17, 2009Lexington balks; gas rate settlement stalls Kentucky.com - Lexington,KY,USA By Andy Mead - amead@herald-leader.com Lexington's Urban County Council, apparently caught off guard by a request to approve a proposed settlement in a natural gas rate case, may have derailed or delayed the settlement...
State News: Nunn's case puts target on violent offenders' gun rights
Posted on September 17, 2009Nunn's case puts target on violent offenders' gun rights Kentucky.com Kentucky House Speaker Greg Stumbo pledged Wednesday to propose legislation named for Ross that would allow a judge to require those with a domestic violence order against them to wear an ankle bracelet that tracks their whereabouts...
AOC: Administrative Office of the Courts announces operational cuts, abolishes 47 positions to prepare for Judicial Branch budget deficit
Posted on September 17, 2009Here is more complete information on the earlier post I had regarding AOC layoffs. As the AOC faces a nearly $35 million shortfall for 2010, 47 AOC positions in Frankfort have been abolished. The departments affected are Clerk Services, Mediation, Real Property, Records and Statistics, and Training...
News: More Kentucky Women Elected to Office than Ever Before, More Progress is Needed
Posted on September 15, 2009More Kentucky Women Elected to Office than Ever Before, More Progress is Needed (Frankfort, KY) Kentucky women continue to increase their numbers in elected office, although the Commonwealth still trails the rest of the country according to a report issued today by Secretary of State Trey Grayson...
COA 2009 Minutes: September 4, 2009 (Nos. 892-923)
Posted on September 13, 2009COA 2009 Minutes: September 4, 2009 (Nos. 892-923)
State News: Gillispie says he checked into rehab
Posted on September 12, 2009From CJ:Report: Gillispie says he checked into rehab A Houston television station is reporting that former Kentucky coach Billy Gillispie said he has checked into an alcohol-related rehabilitation program following his arrest on a drunken-driving charge last month.
Courts: Judge Finds Young Defrauded Investors
Posted on September 12, 2009Judge Finds Young Defrauded Investors Franklin Circuit Court Judge Thomas Wingate issued an order finding that Anthony L. Young and Young Oil Corp. committed fraud and violated the Kentucky Securities Act. The case against Young was brought by the Kentucky Department of Financial Institutions (DFI)...
Lawyers: CJ Feature Story on Attorney Angela Ford and her fight for Fen Phen Victims against the Diet Drug Lawyers - Cunningham, Gallion and Mills
Posted on September 11, 2009Here's a Courier Journal story by Andrew Wolfson featuring Angela Ford and her efforts at protecting her clients who were victimized by the Diet Drug Lawyers case: Attorney toppled diet-drug case Goliaths Monday Sep 7, 2009 She stands only 5-foot-3 and says she weighs ?just north of 100 pounds...
Local News: "After 10 years, Jessica Dishon's family still seeks justice in Bullitt teen's murder"
Posted on September 11, 2009From Courier Journal: After 10 years, Jessica Dishon's family still seeks justice in Bullitt teen's murder By Emily Hagedorn ? ehagedorn@courier-journal.com ? September 10, 2009The files detailing the investigation of Jessica Dishon's murder sit in neat piles in a cinder-block room at the Bullitt County Sheriff's Office.
Louisville Metro Considering Crackdown on Saggy Pants
Posted on September 11, 2009Interesting Courier Journal story on local Lou Metro council resolution is as follows re: droopy pants. To help start off the debate i refer to an image on the left from Flint Michigan on the degree of violations and efforts at establishing objective standards:Louisville Metro Council votes against saggy pants For what it's worth, the Louisville Metro Council took a symbolic vote Thursday night against droopy pants...
News: Recent Law-related Stories from Around the Commonwealth
Posted on September 11, 2009Lawsuit could halt bridges project Preservation organizations' lawsuit could halt progress on a project already years behind schedule. Pastor won't comment on ordaining sex offender Advocates for victims of sexual abuse are protesting plans by a local church to ordain a registered sex offender Sunday...
State News: Attorney General Conway Announces $2.3 Billion Settlement With Pfizer
Posted on September 11, 2009Attorney General Conway Announces $2.3 Billion Settlement With Pfizer By Allison Gardner Martin Communications Director 502-696-5651 (office) on Office of the Attorney General Pfizer to pay Kentucky $5.4 Million for Medicaid Fraud, Consumer Protection violations
Recent appointments for judgeships: Williams, Edwards, Wilcox, Holton, Leach Huddleston
Posted on September 11, 2009FRANKFORT, Ky. ? Governor Steve Beshear today announced the following judicial appointments to serve until the general election on Nov 2, 2010. Gov. Beshear has appointed the Honorable Squire Needham Williams III, as Circuit Judge for the 48th Judicial Circuit, Division 3, Family Court, consisting of Franklin County...
Judges: Bell, Castillo, Poindexter Nominees for District Court Judgeship in Cumberland and Monroe Counties
Posted on September 11, 2009FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant District Court judgeship in the 60th Judicial District, which serves Cumberland and Monroe counties...
COA 2009 Minutes: August 28, 2009 (Nos. 856-881)
Posted on September 07, 2009COA 2009 Minutes: August 28, 2009 (Nos. 856-881) COA 2009 Minutes: August 28, 2009 (Nos. 856-881) 26 decisions 5 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 859 Howell v. Commonwealth REVERSING BEFORE: MOORE AND WINE, JUDGES; HENRY,1 SENIOR JUDGE...
COA 2009 Minutes: August 21, 2009 (Nos. 818-855)
Posted on September 07, 2009COA 2009 Minutes: August 21, 2009 (Nos. 818-855) COA 2009 Minutes: August 21, 2009 (Nos. 818-855) 36 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 818 Lawson v. Com. CLAYTON, JUDGE: This is an appeal of the denial of a motion to alter, amend or vacate pursuant to Kentucky Rules of Criminal Procedure (RCr) 11...
SCOKY 2009 Minutes: August 27, 2009 (Nos. 174-207)
Posted on September 07, 2009SCOKY 2009 Minutes: August 27, 2009 (Nos. 174-207) No Minutes for July 2009 as SCOKY was in recess for month. August 27, 2009 Supreme Court Minutes Decisions 174-207 34 decisions with 18 published 12 published disciplinary cases Link to full text published decisions with opening paragraph from decision for idea of issues 174 Keith A...
AG: 2009 Outstanding Commonwealth and County Attorney Awards Go to Wright, Coleman, Milliken, and George
Posted on September 07, 2009Attorney General Jack Conway today presented awards for the 2009 Outstanding Commonwealth?s and County Attorneys at the Kentucky Prosecutor?s Conference at the Lexington Convention Center. Nearly 700 prosecutors, county attorneys and staff- from across Kentucky are attending the three-day conference sponsored by the Office of the Attorney General...
Local Blogs, Mentoring and More: Check out the Divorce Law Journal for up to date state and local developments in family law
Posted on September 04, 2009Law-specific blawgs are great. Those in the know share the knowledge and experience with others providing a source of news, inspiration, and some perspiration from their work. Plus the commentary and analysis of the law and procedure serve as a wonderful mentor for those on their own or alone...
AOC: Judicial Nominating Commission announces nominees for vacant judgeship in Boone and Gallatin counties
Posted on September 04, 2009Judicial Nominating Commission announces nominees for vacant judgeship in Boone and Gallatin counties
Law Firms: Dinsmore & Shohl and Woodward Hobson & Fulton Merge in Louisville
Posted on September 04, 2009From Dinsmore's Press Release: Cincinnati-based law firm Dinsmore & Shohl LLP and Louisville-based Woodward, Hobson & Fulton L.L.P., announced the merger of their firms. Woodward, an icon in the Kentucky legal community with a large corporate, litigation and labor & employment law practice, will combine with Dinsmore & Shohl effective September 1, 2009...
Trial WebCast: Courier Journal has live web cast of Stinson Trial in Jefferson Circuit Court
Posted on September 04, 2009Wow. Talk about technological giant steps. Just last week, Judge Susan Schultz Gibson was ruling against the media being in the courtroom during voir dire, then the CJ's lawyer dropped an order when Judge Martin McDonald had been overrule and the press permitted, then voila' the Fourth Estate gets a seat in the gallery...
AOC: Campbell County to break ground for judicial center addition, renovation Sept. 1Campbell County to break ground for judicial center addition, renovation Sept. 1
Posted on August 29, 2009Campbell County to break ground for judicial center addition, renovation Sept. 1
Are the blawgers getting the law right on dealership liability following the tragic fatalities involving a test drive of the Dodge Challenger from Commonwealth Dodge in Louisville?
Posted on August 28, 2009I am saddened by the deaths of two innocent people who were killed last Sunday in Louisville when a high performance vehicle (Dodge Challenger) was speeding during a test drive. I am also saddened by the fact that some law firms were blogging away on this story seemingly within hours regarding potential legal liability and potential wrongful death lawsuits arising from this tragedy...
JUDGES: Nominees announced for vacant circuit and district court positions in Jefferson County
Posted on August 26, 2009FRANKFORT, Ky., Aug. 26, 2009 ? The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill three vacant judgeships that serve Jefferson County. The nominees are for the vacant circuit judgeship in the 30th Judicial Circuit, Division 11, and the vacant district judgeships in the 30th Judicial District, Divisions 7 and 9...
Judges: Gray, Hunt and Williams are nominated to Family Court Vacancy for Franklin County
Posted on August 22, 2009John D. Minton Jr., today announced the nominees to fill the vacant Family Court judgeship in the 48th Judicial Circuit, Division 3, which serves Franklin County. The three attorneys named as nominees to fill the vacancy are Roy Church Gray III, Rex Lee Hunt and Squire Needham Williams III...
COA 2009 Minutes: August 21, 2009 (Nos. 818-855)
Posted on August 22, 2009COA 2009 Minutes: August 21, 2009 (Nos. 818-855) 36 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 818 Lawson v. Com. CLAYTON, JUDGE: This is an appeal of the denial of a motion to alter, amend or vacate pursuant to Kentucky Rules of Criminal Procedure (RCr) 11...
AOC: Accord reached with Codell Construction on bonding requirements.
Posted on August 20, 2009Although I understand that Rome was not built in a day, I do remember the promise of transparency in the AOC's finances (since it is taxpayer money) made back in the fall of 2008. See, AOC: "Cleaning up court construction mess" from Herald Leader editorial...
TORT DEFORM: Is the legal system or the medical system that needs to be reformed? Sounds like physician, heal thyself.
Posted on August 20, 2009In the last ten days, I have had two posts on the failure of medicine to heal itself from rampant costs and preventable medical mistakes that kill 98,000 patients a year. Reforms to the legal tort system by making victims receive less compensation to pay for their doctors' mistakes have not worked...
AOC: Court Facilities Standards Committee to review judicial center projects planned for Allen and Morgan counties
Posted on August 19, 2009Court Facilities Standards Committee to review judicial center projects planned for Allen and Morgan counties
Courier Journal News: Gallion gets 25 years; Cunningham 20 years in fen phen cases
Posted on August 18, 2009Gallion gets 25 years in fen-phen fraud case Louisville Courier-Journal U.S. District Judge Danny Reeves also ordered the disbarred lawyers to pay $127 million restitution to their victims, and to forfeit $30 million to the government. The sentencings cap a legal fraud case described as one of the biggest in U...
Criminal cases: "Fen-phen lawyers vow to appeal lengthy sentence"
Posted on August 18, 2009Per Beth Musgrave at Bluegrass Politics blog, Fen-phen lawyers vow to appeal lengthy sentence. Not really a surprise here, dontcha think?
Courier Journal: "New Stinson charge dismissed"
Posted on August 17, 2009New Stinson charge dismissed A Jefferson Circuit judge [Susan Schultz Gibson] on Friday dismissed a felony wanton-endangerment charge against former Pleasure Ridge Park High School football coach Jason Stinson in the death of a 15-year-old player who collapsed from heat stroke during practice...
Herald Leader Op-ed: "Tort reform doesn't cut health costs"
Posted on August 17, 2009It's been awhile since I posted on tort reform's failure to provide better care or even save costs. Actually, it's only been a week since I posted on how preventable medical mistakes result in 98,000 deaths per year! See, eg., Medical: Preventable medical mistakes kill 98,000 annually...
Blog's Lights Out on the Pitino Story. Read about it elsewhere. Sypher deserves a fair trial. Pitino deserves a timeout. At least from this blog.
Posted on August 16, 2009Pitino, Pence, Sypher, Earhart, Witnesses, Families, Extortion, and more et al. Stories on these topics are so easily found in the news that I see no reason to clog this blog with them. Plus, the blogosphere is inundated with opinions on this point. It's a high profile criminal case with careers and lives at stake which not only include the defendant and the witnesses, but their families...
Courier Journal: "Life in prison sought for diet-drug pair"
Posted on August 16, 2009Life in prison sought for diet-drug pair Attorneys William Gallion and Shirley Cunningham Jr. "spit in the face of the law" and should receive sentences long enough to guarantee they spend the rest of their lives in prison, federal prosecutors say.
Courier Journal: "Private prison plagued by problems, reports show"
Posted on August 16, 2009Private prison plagued by problems, reports show A private women's prison in Eastern Kentucky that has been plagued by allegations of sexual assaults by corrections officers is chronically understaffed, leading to poor employee morale and security concerns, according to a state monitor's reports.
COA 2009 Minutes: August 14, 2009 (Nos. 788-817)
Posted on August 16, 2009COA 2009 Minutes: August 14, 2009 (Nos. 788-817) 30 decisions 5 published 790 L.(N.) v. Commowealth LAMBERT, SENIOR JUDGE: N.L., a child under eighteen, appeals from an opinion and order of the Kenton Circuit Court that affirmed the Kenton District Court?s judgment that he was a juvenile sexual offender...
Federal: ACLU Lawyers Friedman and Sharp awarded $44,000 in atty fees for fighting Ten Commandments display
Posted on August 15, 2009LOUISVILLE, Ky. (AP) - A federal judge has awarded attorneys' fees to the plaintiffs in a lawsuit over a Ten Commandments display at a county courthouse. U.S. District Judge Joseph H. McKinley awarded the more than $44,000 in attorney fees to the plaintiffs - Raymond Harper, Ed Meredith and the American Civil Liberties Union of Kentucky - who won an injunction against displaying the commandments in the county courthouse...
Judges: Governor appoints Kaltenbach and Hammons appointed judges
Posted on August 14, 2009Here are some recent appointments to fill those judicial vacancies that have been vacant since the first of the year. It's about time as many of the senior status holdovers six-month runs are coming to an end. Of course, the money saved the taxpayers was picked up by the retirement accounts, and a golden opportunity for transitioning from old judge to new judge with an overlap for mentoring has come and gone...
UofL & Public Service: Concert tonight to benefit flood victims!! (Fri. Aug. 14)
Posted on August 14, 2009Here's a borrowed post from UofL Law Blogs. Good music, good time, and good use of the money. Sounds like a winning trifecta. If you found about this event here and are in attendance tonight, have a little fun and say "mikee sent me." The Cardinal Lawyer: This season's final Red Barn Summerfest concert will benefit flood victims Many have asked about ways to deliver aid to individual victims of the August 4 flood...
Insurance: NY Health insurer fined for promising "peace of mind" for just 5 bucks a day
Posted on August 14, 2009Could this mark a trend in insurance advertising? Promising security and peace of mind seems to be a common advertising spiel of insurance companies while overlooking the cancellations and the uncommon exclusions of coverage which negate that promise or assurance...
UofL Law Blog: "The Cardinal Lawyer: The Andrew Franklin Young Writing Award and Memorial Fund"
Posted on August 13, 2009The Cardinal Lawyer: The Andrew Franklin Young Writing Award and Memorial Fund » Reprinted from the July 2009 issue of Kentucky Bench & Bar « Andrew Franklin Young died tragically on March 19, 2009. In the weeks that followed, his classmates, friends, and family members contributed money to the University of Louisville School of Law to honor his memory...
Bluegrass Politics Blog: ' * Judge sets Jan. 11 date for Lawson trial By Beth Musgrave on US Senate Race '
Posted on August 12, 2009Judge sets Jan. 11 date for Lawson trial By Beth Musgrave on US Senate Race
Lawreader: Court Appeals Allows Blood Test of Unconscious Defendant Suspected of DUI"
Posted on August 12, 2009Ouch. From Lawreader: Court Appeals Allows Blood Test of Unconscious Defendant Suspected of DUI By Stan on Uncategorized The Court of Appeals issued a decision on Friday August 7th. which held that a Blood Test ordered by police officer at hospital was admissible even though the officer testified that he filled out the consent form and he believed the defendant was unconscious.
Medical: Preventible edical mistakes kill 98,000 annually
Posted on August 12, 2009In the midst of the health reform and health insurance changes debate, I find the following investigatory story to be very disturbing. Even before the changes are made to increase the availability of insurance and reduce the costs, the medical profession already kills with negligence 98,000 annually! With tort reformists already wanting to put a cap on the amount of the recoveries and/or take away those injured or killed by medical mistakes to have a jury decide their cases, how do they explain mistakes that kill? One proposal is to place the decision on negligence and damages into the hands of medical experts seems absurd in light of the fact these medical experts and their health systems kill, not a few, nearly a hundred thousand yearly...
AOC NEWS: AOC encourages Kentucky schools to use new online system to speed up background checks of personnel, volunteers
Posted on August 10, 2009FRANKFORT, Ky. -- Kentucky school systems now have access to a new process that will greatly reduce the time required to receive the results of criminal background checks for school personnel and volunteers. School systems that use AOCFastCheck will receive their reports in days instead of weeks...
KBA: The Kentucky Bar Foundation makes contribution to UofL Law's scholarship program
Posted on August 09, 2009The following post is from the UofL Law School blogs with kudos to the Kentucky Bar Foundation and Louisville Attorney John Martin with Landrum & Shouse: The Cardinal Lawyer: Correspondence from Todd Horstmeyer and the Kentucky Bar Foundation July 28, 2009 Dear Dean Chen: Enclosed is a picture of the Kentucky Bar Foundation Secretary-Treasurer, John R...
COA 2009 Minutes: August 7, 2009 (Nos. 760-787) found at the Kentucky Court Report
Posted on August 09, 2009COA 2009 Minutes: August 7, 2009 (Nos. 760-787) 28 decisions 6 published 760 - Price v. Garcia Police officer testimony pertaining to weather conditions permitted but not qualified to testify as expert as to area of impact - expert required. 762 - New Life Cleaners Parol evidence rule, mistake of law vs...
DEPOSTIONS: Cross-examination by the use of compelled witness drawings should be a "no no"
Posted on August 07, 2009How many times at a deposition have you seen a lawyer ask a witness other than his client to draw the accident scene with location of the cars, area of impact, lanes of travel, etc.? We have all been trained to draw conclusions from questions and answers, but drawing diagrams is a whole new area for us to "Gogh"...
FEDERAL: "Nursing student, expelled over blog, ordered reinstated"
Posted on August 07, 2009From Courier Journal: Nursing student, expelled over blog, ordered reinstated A federal judge has ordered the reinstatement of a University of Louisville nursing school student who had been expelled for writing a blog post describing a patient giving birth.
FEDERAL: "Judge denies injunction to stop kindergarten busing"
Posted on August 07, 2009From Courier Journal: Judge denies injunction to stop kindergarten busing U.S. District Judge John Heyburn rejected a motion Tuesday to halt 2009-10 kindergarten assignments under Jefferson County Public Schools' new assignment plan ? but legal challenges remain.
CRIMINAL CASES: "Stinson's attorneys ask judge to prohibit testimony about water breaks and running"
Posted on August 06, 2009Weeks before trial, and defense counsel file interesting motion claiming prosecutors have no scientific evidence to back up claims. From Courier Journal. Stinson's attorneys ask judge to prohibit testimony about water breaks and running Attorneys for former Pleasure Ridge Park football coach Jason Stinson want a judge to keep out testimony from his trial that players were denied water or ran more than normal at a practice last year where sophomore lineman Max Gilpin collapsed and later died, saying the allegations are not relevant to the teen's death...
NEWS: Legal stories from around the state
Posted on August 06, 2009Driver pleads not guilty in triathlete's death The driver charged in the death of a bicyclist Saturday pleaded not guilty during an arraignment Monday morning. Police say Kenneth Yates, 25, of Louisville, was driving drunk when he struck and killed John Carr, 47, on Chamberlain Lane...
GOVERNMENT: Kentucky Retirement system's land deal criticized by state auditors
Posted on August 06, 2009I will spare you one of my diatribes on the government's mishandling of government pensions and the neverending drain. From the Courier Journal: Retirement systems' land deal criticized FRANKFORT, Ky. ? State auditors have released a report sharply criticizing the Kentucky Retirement Systems for a bad real-estate deal in 2006.
NEWS: "State auditor releases alert in light of Bullitt online theft"
Posted on August 06, 2009From Courier Journal: State auditor releases alert in light of Bullitt online theft State Auditor Crit Luallen recommends an in-depth defense when it comes to technology security for local governments. Luallen released an ?Auditor's Alert? Wednesday in light of the Bullitt County electronic payroll theft of $415,989...
CIVIL CASES: "Widow of fatal Comair flight wants trial"
Posted on August 06, 2009From Courier Journal is following story of remaining Comair case with widow willing to let the jury decide the case! Widow of fatal Comair flight wants trial Comair spokesman Jeff Pugh cited the pending litigation and declined to comment on the case, other than saying the airline was trying to settle with Hebert...
UofL Law: July Faculty Kudos
Posted on August 05, 2009July's Kudos taken en toto from the UofL Law School Blog: Linda Ewald served on a panel on the new Rules of Professional Conduct at the KBA Convention in Covington and was reappointed as chair of the KBA Ethics Committee, a position she?s held since 2001...
LAWYERS: "Remembering Lively Wilson"
Posted on August 04, 2009From UofL Law School Blog Remembering Lively Wilson By rbwimb01 on Student Lively Wilson was an admired and respected member of the legal profession who made a significant impact on the judicial system in Southern Indiana and Kentucky. A native of Kentucky and a Harvard Law School graduate, he was a role model and mentor to an entire generation of lawyers in the region...
CRIMINAL NEWS: Justice Cabinet releases annual report on hate crimes
Posted on August 03, 2009Justice Cabinet releases annual report on hate crimes The Kentucky State Police reported 56 incidents of hate crime in 2007, 13 percent fewer than in 2006, according to a recent report released by the Kentucky Justice and Public Safety Cabinet. Compared to the surrounding states, Kentucky reported fewer hate crimes than Missouri, Illinois, Tennessee, Ohio, and Virginia, but more hate crimes than Indiana and West Virginia.
CRIMINAL CASES: James Earhart appointed by court to represent Karen Sypher
Posted on August 02, 2009Courier Journal story: Sypher back in court over attorney issue A woman accused of trying to extort millions of dollars from University of Louisville men's basketball coach Rick Pitino told a U.S. District Court judge in Louisville Friday that she can't afford to pay an attorney to represent her...
KBA: Atty John Meyer new Executive Director of Ky Barr Association
Posted on August 02, 2009F RANKFORT ? 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...
Judiciary: Here's the link to the judicial vacancies, nominees, and eventual appontments
Posted on August 02, 2009To watch for the judicial vacancy announcements, nominees, and eventual appointments, click here Most recent list as of 8/2/2009: Judicial Appointments 25th Circuit, 3rd Division (Family Court) Ira Dean Newman 25th District, 1st Division Charles William Hardin 30th District, 6th Division Olu A...
MORE ON POLITICS: OP-ED FROM CJ - " The politics of a newspaper"
Posted on August 02, 2009This was an interesting piece by the CJ's Arnie Garson to explain the liberal leanings of his paper. However, when he takes the basic position that if you are on the left, the right will complain; on the right, the left will complain; and in the middle you stand for little and are boring to boot, I just shake my head in amazement as he just misses the real concerns behind the question...
POLITICS: What does enticing legislatures to resign with pensions and FDR's court packing scheme have in common? Numbers, numbers, numbers.
Posted on August 02, 2009Anyone remember FDR's failed court packing scheme to get the numbers he wanted to pass his New Deal changes? Well, at least FDR had a cooperative legislature. However, this post at PAGE ONE reminds me of that move but Beshear is more enticing and less threatening as he tries to get the numbers he needs to get his agenda pushed through the legislature...
JUDICARY: Hardin, Newman, Newman & Costanzo Appointed to Bench by Beshear
Posted on August 01, 2009Governor Beshear Appoints Circuit, District Judges FRANKFORT, Ky. ? Governor Steve Beshear announced the following judicial appointments. The Honorable Charles William Hardin, of Richmond, has been appointed District Judge of the 25th Judicial District, Division 1, consisting of Clark and Madison counties...
JUDICIARY: Timothy Jon Kaltenbach, Leo Lansden ?Lanny? King and Joe Christopher ?Chris? McNeill are nominees for vacant circuit court seat in Paducah
Posted on August 01, 2009Judicial Nominating Commission announces nominees for vacant judgeship in McCracken County FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant circuit judgeship in the 2nd Judicial Circuit, Division 1, which serves McCracken County...
COURTS and TECH: "Texting, tweeting tempt jurors, frustrate judges"
Posted on August 01, 2009The following story from the Courier Journal only addresses half the potential problem of the digital age and jury trials. Once upon a time, a fair and impartial jury that limited its decision to the law and evidence presented in the courtroom was a given...
AOC: Laurie K. Dudgeon named to head Kentucky Administrative Office of the Courts
Posted on August 01, 2009FRANKFORT, 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...
JUDICARY: Hardin, Newman, Davis & Costanzo Appointed to Bench by Beshear
Posted on August 01, 2009Governor Beshear Appoints Circuit, District Judges FRANKFORT, Ky. ? Governor Steve Beshear announced the following judicial appointments. The Honorable Charles William Hardin, of Richmond, has been appointed District Judge of the 25th Judicial District, Division 1, consisting of Clark and Madison counties...
Judiciary: Here's the link to the judicial vacancies, nominees, and eventual appontments
Posted on July 26, 2009To watch for the judicial vacancy announcements, nominees, and eventual appointments, click here.
COURT CASES: Jefferson Jury finds in favor of jeweler in case of family jewels
Posted on July 22, 2009From Courier Journal: Jeweler doesn't have to refund money to Brown-Forman heirs A Jefferson Circuit jury unanimously decided Tuesday night that Louisville jeweler Jim Jackson does not have to refund $800,000 to the family of former Brown-Forman Corp...
COURTS: Judge Spainhour locks up social worker who misses child welfare hearing
Posted on July 22, 2009Bullitt judge locks up Jefferson county social worker for being a 'no show': Social worker jailed by Ky. judge Faced with conflicting court appearances on the same day in late June, state social worker Aaron Jackson said he followed a supervisor's directive to attend family court in Jefferson County and notify Bullitt County court officials that he'd miss a child-welfare hearing there...
BLUEGRASS POLITICS BLOG POST: "Forester will remain on bid-rig trial"
Posted on July 22, 2009Forester will remain on bid-rig trial By Beth Musgrave on KY Courts FRANKFORT -- A federal judge on a high-profile bribery case involving prominent road contractor Leonard Lawson will remain on the case even though his son-in-law is a lobbyist for the Kentucky Association of Highway Contractors.
LOUISVILLE: "Prosecutors: JCPS inquiry into Gilpin ' self-serving'"
Posted on July 22, 2009From Courier Journal: Prosecutors: JCPS inquiry into Gilpin ' self-serving' Jefferson County prosecutors want a school district report on the death last year of Pleasure Ridge Park football player Max Gilpin excluded from ex-coach Jason Stinson's trial because it selectively used information to reach a "self-serving and wholly inaccurate conclusion...
COURT CASES: Bullitt votes to sue First Federal over online theft
Posted on July 22, 2009From Courier Journal: Bullitt votes to sue First Federal over online theft Bullitt County Fiscal Court voted unanimously on Tuesday to sue First Federal Savings Bank over the online theft of $415,000 in county funds.
JUDICIARY: Current list of judical vacancies open for applicants
Posted on July 22, 2009Taken from AOC web site is list of judicial vacancy announcements: The following judicial vacancies are in the process of being filled by appointment. Each vacancy notice provides a deadline by which interested attorneys should submit an application (questionnaire)...
JUDICIARY: Here's a list of the judicial nominees throughout the state following the exodus of sitting judges for senior status in January 2009 copied en toto and as in from AOC pages
Posted on July 22, 200921st Circuit, 1st Division William Evans Lane Allen Keith McCormick George William Moore News Release 25th Circuit, 1st Division Christopher Micah Davis Ira Dean Newman Nora Jeanne Shepherd News Release 25th Circuit, 3rd Division (Family Court) Garrett Turner Fowles Charles William Hardin Thomas Jackson Smith III News Release 27th District, 1st Division Bridget Leigh Dunaway Wendell Lewis ?Skip? Hammons Jr...
JUDICIARY: Bowling, Costanzo and Yoakum Nominees for Bell Circuit judgeship
Posted on July 22, 2009Judicial Nominating Commission announces nominees for vacant judgeship in Bell County The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., announced July 21 the nominees to fill the vacant circuit judgeship in the 44th Judicial Circuit, which serves Bell County...
STATE: How many ways can the state save money? The list is endless, the taxpayers listless.
Posted on July 22, 2009How can the state make ends meet in down times? Here is a new one. You have read about -- Property values go down but property valuations at the PVA's remain firm, thus an effective tax increase for those asked to tighten their belts. Clerks use a different book to asses car values for tax purposes (the higher value of course)...
VERDICTS: "Jury: DuPont negligent in '04 spill"
Posted on July 22, 2009From the Ashland Indepdendent: Jury: DuPont negligent in '04 spill Says plaintiffs are entitled to 10 times the damages they would have otherwise collected Kenneth Hart/The Independent Ashland ? A jury has found chemical giant DuPont guilty of gross negligence in a 2004 leak at its Wurtland plant that released clouds of sulfuric acid over large portions of Greenup County...
KY LEGAL NEWS: From newspapers and blogs from around the Commonwealth
Posted on July 21, 2009Judge to rule on release of Lawson interview By Government Editor on Featured Coal lobbyist pleads guilty in domestic case By John Cheves on State Government Media says Lawson statements should be released By Beth Musgrave on State Government McConnell also will vote against Sotomayor confirmation By Joe Arnold Bunning will vote against Sotomayer, first time he's rejected SCOTUS nominee By Joe Arnold Wayside Hotel Plan in Jeopardy? By Joe Arnold Karem drops pension battle
MEDICAL: "New Parkinson's therapy teaches patients to think big"
Posted on July 21, 2009New Parkinson's therapy teaches patients to think big Alan Leibson mirrored the movements of a physical therapist, pushing his arms out wide, then twisting to one side and the other. "Good!" said therapist Becky Graf, prompting a smile and thumbs-up from Leibson.
PUBLIC SERVICE ANNOUNCEMENT: Free Legal Aid Clinic in Louisville on July 27
Posted on July 21, 2009From the Courier Journal is a story about Legal Aid assistance available on July 27: Free legal aid clinic offered A free legal aid clinic to help draft wills, powers of attorney and other life-planning documents will be held July 27 from 1 to 3 p.m. at the Legal Aid Society, 416 W...
KY NEWS: "Justice Cabinet releases 2008 Kentucky Victimization study"
Posted on July 21, 2009Justice Cabinet releases 2008 Kentucky Victimization study By Jennifer Brislin 502-564-8220 (office) 502-753-9766 (cell) on Justice and Public Safety Cabinet Although there have been no large-scale acts of domestic terror in the United States since Sept...
OP-ED: What does the delayed judicial appointments and the use of Medicaid dollars to balance the budget have in common? Creative accounting.
Posted on July 21, 2009Fiscally financial funny games continue at the state level. We have already seen the rule of law and constitutional mandates take a back seat in the delayed judicial appointment processes as many judgeships remained constitutionally vacant through the bulk of 2009 to save a buck with no transparency as to the AOC finances that got us here...
JUDICIARY: Lane, McCormick and Moore nominees for vacant circuit court judgeship in Bath, Menifee, Montgomer, and Rowan
Posted on July 21, 2009Judicial Nominating Commission announces nominees for vacant judgeship in Bath, Menifee, Montgomery and Rowan counties FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant circuit judgeship in the 21st Judicial Circuit, Division 1, which serves Bath, Menifee, Montgomery and Rowan counties...
JUDICIARY: Davis, Howe, and Williams nominated for vacant circuit court judgeship in Boyd County
Posted on July 20, 2009Judicial Nominating Commission announces nominees for vacant judgeship in Boyd County FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant circuit judgeship in the 32nd Judicial Circuit, Division 1, which serves Boyd County...
JUDICIARY: Dunaway, Hammons, and Holland are nominees for district court judge for Knox and Laurel counties
Posted on July 20, 2009Judicial Nominating Commission announces nominees for vacant judgeship in Knox and Laurel counties FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant district judgeship in the 27th Judicial District, Division 1, which serves Knox and Laurel counties...
DIVORCE LAW: "Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02" from Divorce Law Journal
Posted on July 20, 2009Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02 By Diana L. Skaggs on Civil Procedure and Local Rules
TRIALS: "Courts - "Tweeting, Texting, Googling Banned for Mich. Jurors" By Marcia Oddi on Courts in general "
Posted on July 18, 2009Courts - "Tweeting, Texting, Googling Banned for Mich. Jurors" By Marcia Oddi on Courts in general
KY DIVORCE: Stipp v. Charles, Ky COA, Venue, Division Of Marital Property, Amount Of Maintenance By Diana L. Skaggs on Marital Property
Posted on July 18, 2009Stipp v. Charles, Ky COA, Venue, Division Of Marital Property, Amount Of Maintenance By Diana L. Skaggs on Marital Property at www.divorcelawjournal.com
UofL Law: Trying to take a bite outa Brandeis brings out the best in UofL Law as Willihnganz Busts Bruce Miller on his stats
Posted on July 17, 2009If you are going to cast dispersions on the local law school, it's best to have your ducks in order, and if the UofL Law folks are correct J. Bruce Miller had his stats wrong. The Cardinal Lawyer: Provost Willihnganz responds to J. Bruce Miller's attack on the University of Louisville Provost Shirley Willihnganz has written a comprehensive response to J...
SCOTUS: What do Brandeis and Sotomayor have in common? Contentious confirmations, maybe.
Posted on July 17, 2009This post from the UofL Law Faculty blogs strikes close to home and provides a little insight on daylight disinfectant: Peter Scott Campbell's blog: Wall Street Journal Republishes Brandeis Confirmation Articles Every time there are confirmation hearings for a new Supreme Court justice, there is renewed interest (at least on the media?s part) in the confirmation hearings of Brandeis...
LOUISVILLE: Wayside Christian Mission could use your support at the zoning hearing on July 20, 2009 at 8:30 a.m.
Posted on July 17, 2009I received the following email from Nina Mosely at the Wayside Christian Mission, and I wished to share it with others who might wish to help. The work they do is an important safety net for those in need in this community. I have worked in the kitchen with our church group and can tell you the volunteer efforts are needed and appreciated...
The lawsuit by UK's former b-ball
Posted on July 15, 2009The lawsuit by UK's former b-ball coach to enforce a questionable contract for a job not well done (and I'm not even talking about the rumors running rampant over his off court antics) keeps getting messier by the minute. The most recent story in the news about the need to hire Texas lawyers to defend the action in the Lone Star State reminds me of Warren Zevon's song "Lawyers, Guns and Money" with lyrics such as "Send lawyers, guns and money; Dad, get me out of this ...
AOC: Boyd County to dedicate new judicial center July 17
Posted on July 15, 2009Boyd County to dedicate new judicial center July 17 FRANKFORT, Ky. -- The public is invited to a dedication ceremony for the Boyd County Judicial Center on Friday, July 17, at 11 a.m. EDT at 2805 Louisa St. in Catlettsburg. ?This beautiful, modern and secure facility is a very welcome addition to Boyd County and the city of Catlettsburg,? Boyd County Judge-Executive William ?Bud? Stevens said...
JUDICIARY: Lane, McCormick and Moore are nominees for Bath, Menifee, Montgomery and Rowan Circuit Court Judge
Posted on July 15, 2009Judicial Nominating Commission announces nominees for vacant judgeship in Bath, Menifee, Montgomery and Rowan counties FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant circuit judgeship in the 21st Judicial Circuit, Division 1, which serves Bath, Menifee, Montgomery and Rowan counties...
OP-ED from CJ: re driver's license revocations for certain convictions
Posted on July 11, 2009From Courier Journal: Do what will work A new Kentucky law requires judges to automatically revoke the driver's licenses of anyone convicted in cases involving any of 15 misdemeanor or felony theft charges, until they've fully paid restitution. Supporters say this will ratchet up the pressure to repay victims in a more timely way, and that makes sense...
COURTS: Another Ten Commandments' case, and Jackson County too
Posted on July 11, 2009From Courier Journal: Jackson Co. sued over 10 Commandments A federal lawsuit alleges that Jackson County officials are violating the Constitution by posting stand-alone displays of the Ten Commandments at both entrances to the county courthouse, outside various offices and even next to a women's restroom.
Jefferson County: "Lawsuit pits sons vs. jeweler over necklace"
Posted on July 11, 2009From Courier Journal: Lawsuit pits sons vs. jeweler over necklace By Andrew Wolfson ? awolfson@courier-journal.com ? July 11, 2009 . . . The year after Jean McCauley Brown died in 2004, her husband, retired Brown-Forman Corp. chairman Robinson S. Brown Jr...
KY NEWS: Law-related stories from around the state
Posted on July 10, 2009Law stories from around the Commonwealth: Judge lets new bid-rigging indictment stand FRANKFORT, Ky. ? In a significant victory for the prosecution, a federal judge ruled Monday that a revised indictment in the highway bid-rigging case will stand. Bankruptcy judge OKs GM sale plan A bankruptcy judge has ruled that General Motors Corp...
NEWS: GM may repay loans, but what about the injured?
Posted on July 10, 2009What's wrong with this picture? The new GM promises repayment of loans. However, all those injured claimants will probably get nada, zero, nothing. GM chief says company will make money, repay loans CEO: The new General Motors will be far faster and more responsive to customers than the old one, and it will make money and repay government loans faster than required...
Lawyers: "Bullitt lawyer enters state Senate race" from Courier Journal
Posted on July 10, 2009Bullitt lawyer enters state Senate race Shepherdsville lawyer John E. Spainhour is the first Bullitt County resident to enter the District 20 state Senate race.
FEDERAL: Will bid-rigging case result in another judicial recusal?
Posted on July 10, 2009A few weeks ago I remarked that the number of judicial recusals in the Leonard Lawson bid rigging case was sounding like a Commodores' song, "One, Twice, Three Times a Recusal". Actually, the tune is more like Queen's "Another one bites the dust" as the funky finger of foreknowldge may fall upon Judge Forrester who is the father-in-law of highway industry lobbyist, relatively speaking that is...
NEWS: CJ story shows that those folks injured with claims could be "affected" (eg. uncollectible) if government plan goes through
Posted on July 08, 2009The GM bankruptcy could hurt hundreds of victims with claims against GM under the government plan: Appeals loom for GM plan Groups representing plaintiffs in car accidents said Monday that they would oppose General Motors' attempt to quickly exit bankruptcy protection, arguing that hundreds of victims could be hurt by the government-led plan.
LOU NEWS: "City can't charge police for take-home cars [from courier journal]"
Posted on July 08, 2009City can't charge police for take-home cars [from courier journal] Louisville Metro government cannot charge police officers for take-home patrol cars unless the fees are negotiated under the police union contract, a state agency ruled Tuesday.
KY NEWS: "Galbraith runs again for governor; Dea Riley is his running mate"
Posted on July 08, 2009From Bluegrass Politics Blog: Galbraith runs again for governor; Dea Riley is his running mate By Jack Brammer on Steve Beshear FRANKFORT ? Gatewood Galbraith is going to run again for governor. Galbraith, a Lexington attorney who has run unsuccessfully for governor four times, has filed a slate with the Kentucky Registry of Election Finance to run as an independent for governor in 2011...
OTHER BLAWGS: What's happening on other Kentucky Legal Blogs!
Posted on July 08, 2009A short roundup of recent posts from other Kentucky legal blogs: MacSpeech Dictate Legal for Lawyers from TechnoEsq KY. SUPREME COURT INVITES CASE TO EXPAND EXPUNGEMENT LAW from Lawreader The Cardinal Lawyer: The zoo story from UofL Law New Law Increases Dollar Amount of Felony and Misdemeanor from Lawreader Synchronized Audio and Notes with LiveScribe from TechnoEsq Faculty Blogs: Law of the Realm of the King of Pop from UofL Law SHELBY CIRCUIT JUDGE GRANTS WRIT LIMITING PRETRIAL CONFERENCES IN DISTRICT COURT from Lawreader Peter Scott Campbell's blog: John Marshall Harlan and an Unsung Civil Rights Case from UofL Law
COURTS: From courthouse construction to courthouse rentals - law, bricks, and mortar travails continue as Family Courts of Madison County become a tenant of Sen. Worley's new building
Posted on July 06, 2009John Cheeves post at the Herald Leader's Bluegrass Politics blog is somewhat disturbing on two fronts as it addresses the Madison County family courts' rental of a building to house the family courts business. The landlord is Sen. Worley; the tenant is the county; the occupant of the rented premises is to be the family courts...
KY NEWS: HB 369 Forms etc available at clerks office - new law prohibits a person who owes restitution for certain theft offenses from driving until the restitution is paid in full
Posted on July 05, 2009FRANKFORT, Ky. -- The Kentucky court system has the legal forms and processes in place to carry out a bill that prohibits a person who owes restitution for certain theft offenses from driving until the restitution is paid in full, with an option to apply for a hardship license...
News: "UK seeks to move Gillispie lawsuit'
Posted on July 03, 2009From Courier Journal: UK seeks to move Gillispie lawsuit The University of Kentucky Athletics Association has asked a federal judge to either dismiss a lawsuit brought by former basketball coach Billy Gillispie or move the case to Kentucky.
KBA News: CHARLES E. ?BUZZ? ENGLISH, JR., BEGINS SERVICE AS KENTUCKY BAR ASSOCIATION PRESIDENT
Posted on July 02, 2009CHARLES E. ?BUZZ? ENGLISH, JR., BEGINS SERVICE AS KENTUCKY BAR ASSOCIATION PRESIDENT Sets fund-raising for KLEO Summer Institute as one of his first priorities Charles E. ?Buzz? English, Jr., of Bowling Green, officially begins his one-year term as president of the Kentucky Bar Association (KBA) today, Wednesday, July 1...
Lawsuits: "College student sues anonymous newspaper poster"
Posted on July 02, 2009From Courier Journal: College student sues anonymous newspaper poster The anonymous post appeared online Aug. 13, 2008, under a Richmond Register story, headlined, "You can buy it at the mall, but you can't wear it there."
Jefferson News: " Gilpin's parents upset with JCPS findings"
Posted on July 02, 2009From Courier Journal: Gilpin's parents upset with JCPS findings The mother of 15-year-old Max Gilpin said Wednesday that she is "furious, angry and hurt" by the results of the Jefferson County Public Schools' inquiry into her son's death. "They are taking no responsibility for what happened, and they only presented what made them look good," Michele Crockett, Max's mother, said in a telephone interview...
JUDGES: Olu Stevens, Sadiqua Reynolds and Erica Lee Williams appointed to bench in Jefferson County
Posted on July 02, 2009Three judicial vacancies filled by appointments in Jefferson County as noted in story from Bluegrass Politics blog. Beshear notes diversity in appointment of 3 judges in Jefferson County FRANKFORT ? Gov. Steve Beshear filled three judicial vacancies in Jefferson County Wednesday, naming Olu Stevens, Sadiqua Reynolds and Erica Lee Williams to the bench...
Louisville News: "C-J files lawsuit challenging anti-litter ordinance"
Posted on July 02, 2009From the Courier Journal: C-J files lawsuit challenging anti-litter ordinance The Courier-Journal filed a lawsuit Monday against Louisville metro government over an anti-litter ordinance that the newspaper says violates constitutional protections of free speech and the press.
Louisville News: "Former teacher sues over reprimand"
Posted on July 02, 2009From the Courier Journal: Former teacher sues over reprimand A former elementary school teacher and current employee of the Jefferson County Board of Education has filed a lawsuit against the school board claiming his free speech right was violated when he was reprimanded for refusing to serve as a fund-raising director for the United Negro College Fund.
Judicial Vacancy Announcements - Here's a new one for the 2nd District.
Posted on June 28, 2009Judicial vacancies. Even without the questionable tabling of seeking nominations in an untimely manner and in probable violation of the state's constitutional mandate of "shall" (Section 118) to save some money by adding financial demands to the retirement system, I am still bumfuzzled regarding the obscure way the judicial vacancy announcements are made...
LEGAL NEWS: Here are some recent legal stories found in the state's news and blogs on-line
Posted on June 28, 2009Feds launch civil rights probe of Kentucky?s Medicaid program PRP coaches testify that Stinson did nothing wrong Three assistant football coaches for Pleasure Ridge Park High School say they never heard former head coach David Stinson use profanity, ridicule players for getting a drink or deny players water during the Aug...
NEWS CATCHUP: Here are some recent law stories locally and around the state
Posted on June 26, 2009High court rejects new trial for Taylor A Kentucky death row inmate condemned for the rape and murder of two Louisville high school students in 1984 lost his bid for a new trial Thursday when the state Supreme Court ruled that a judge properly handled a DNA testing issue...
ETHICS: Snitch Rule for Lawyers Discussed at LawReader
Posted on June 25, 2009I was hoping to receive a guest post from a reader with some comments on the new ethical rules. But, alas my hopes were dashed. But, Lawreader did come through with a comment by Stan Billingsley, as follows: NEW RULE CREATES DUTY OF LAWYERS TO REPORT ETHICAL VIOLATIONS OF THE CODE OF PROFESSIONAL RESPONSIBILITY...
LOUISVILLE: Sypher Criminal Trial Continued for Six Weeks
Posted on June 25, 2009Allowing the defense the opportunity to prepare a defense is most reasonable and not unexpected. Courier Journal story: Government agrees to delay Sypher extortion trial The government has agreed to delay for at least six weeks the trial of the woman accused of trying to extort millions of dollars from Louisville men's head basketball coach Rick Pitino.
DIET DRUG LAWYERS: Government to seize $30 million from diet drug lawyers Gallion and Cunningham's bank accounts
Posted on June 24, 2009Just a reminder that there is a criminal and a civil component to the diet drug lawyers - Gallion and Cunninham: Judge rules U.S. can seize $30 million from lawyers A judge has granted the federal government's request to seize $30million and three bank accounts from a pair of Kentucky lawyers convicted of bilking clients in a settlement over the diet drug fen-phen.
STATE GOV'T: Ky Retirement System Unloads Piece of Property
Posted on June 24, 2009This is an old story, but I let it sit on the back burner to see if any further developments occurred in the pension area of state government. The Kentucky Retirement Systems continues to be under concerns of financial viability, and I keep watching to see if the Senior Status Judicial Drain will cost those retired judges their security in their retirement and whether or not the state will be asked to rescue it...
LOUISVILLE: COA upholds million dollar retaliation and discrimination claim against Louisville and Ron Bishop
Posted on June 24, 2009From Bluegrass Politics Blog and Beth Musgrave: Appeals court upholds ruling against Bishop FRANKFORT ? A three judge panel of the state Court of Appeals on Friday upheld a nearly $1 million retaliation and discrimination claim against the city of Louisville and Ron Bishop, who now heads the Fayette County jail...
RANDOM THOUGHT: Where did all that money come from for those banks repaying stimulus money?
Posted on June 24, 2009Now riddle me this Batman. If many of our nation's banks were in a financial meltdown and needed funds just months ago and to the tune of billions upon billions of dollars, then where did all that money come from recently to start paying off those stimulus funds? Makes you want to say something like, Hmmmmmmm...
RANDOM THOUGHT: Zoning at Javanon Resolved, but not all questions answered
Posted on June 24, 2009Here's the most recent CJ piece: Javanon allowed to keep metal building The controversial Javanon Soccer Club facility received the city zoning approval it needed Monday to keep operating, but not before zoning board members complained about the city's slipshod handling of the case...
LOUISVILLE: Judge Gibson orders school to give prosecution interviews from investigation
Posted on June 24, 2009What should have been an easy decision took a most tortured path as Circuit Court Judge Gibson finally ruled that the JCPS interviews of the Gilpin death must be disclosed. The criminal case and the civil case are different with different rules. The commonwealth is entitled to the statements and so will the defense...
Are the recusals in the bid rigging case of robed roulette or recusal round-robin event? Now its Judge Karl Forester!
Posted on June 23, 2009Didn't the Commodores have a song entitled, "Once, Twice, Three Times A Recusal"? Or something like that. Actually, if you applied the song to the bid-rigging case in federal court it would need to be extended to "Once, Twice, Thrice, Four Times a Recusal"...
More end of the year CLE's - Last chances from UK Law
Posted on June 22, 2009UK/CLE - LAST CHANCE CLE OPPORTUNITIES Have you earned all of your required CLE credit for this reporting year? The last day of the 2009 CLE attendance period is Tuesday, June 30! The University of Kentucky Office of Continuing Legal Education (UK/CLE) is presenting its annual Last Chance Video Conference on June 29 and 30, 2009, at the UK College of Law in Lexington, Kentucky...
If music will soothe the savage beast, then what will it do to a lawyer???
Posted on June 19, 2009And if the lawyers have guitars, sing protest songs, and rock at the Lawlapalooza, then the beatings go on (of the drums that is). Here is a post from the University of Louisville Law School Blogs. And the groupie dancing at the end in front of the band is none other than the Disco Dean! UofL Law alumnus Daniel J...
More End of the year CLEs - Who says CLE's can't be fun. Check this one out at the LBA for June 26
Posted on June 19, 2009Don't want to sit through another "boring" CLE program? You don't have to! The LBA is excited to bring a new kind of CLE program to the Bar Center as we welcome Sean Carter, Lawpsided Seminars on Friday, June 26. To register for this course, click here or call the LBA at 583...
More End of Year CLEs - This time we have some WEBINARs from the KJA
Posted on June 19, 2009Click here for information on Webinars (seminars at your computer): Event Dates Event Type Event Name / Location June 19, 2009 Continuing Education Big Truck Cases: Jump Start Your Next Case with these Winning Tactics Louisville, Kentucky June 19, 2009 1 Hour Ethics Teleconference Impaired Lawyers and the Rules of Professional Conduct All you need is a telephone June 22, 2009 Continuing Education Last Minute Ethics - On-Site Seminar 10602 Timberwood Circle, Suite 8, Louisville, KY June 22, 2009 1 Hour Ethics Teleconference The New "Squeal Rule" in Kentucky All you need is a telephone June 23, 2009 1 Hour Ethics Teleconference Ethics Problems Which Lawyers Should ? But Don?t Always ? Avoid All you need is a telephone June 24, 2009 1 Hour Teleconference Representing Foreign Nationals in a General Practice All you need is a telephone June 25, 2009 1 Hour Teleconference Social Media in Your Practice All you need is a telephone June 26, 2009 Continuing Education Mediation & ADR Louisville, Kentucky June 30, 2009 1 Hour Teleconference DUI Legislation and Practice All you need is a telephone
More End of the Year CLEs - Some from the Kentucky Justice Association
Posted on June 19, 2009Kentucky CLE Self Study The Kentucky Bar Association allows attorneys to earn up to six hours of CLE credit per year through accredited CLE CDs. Some restrictions apply. Please call the KJA office at (502) 339-8890 to place your order. Attorneys are responsible for completing a minimum of 12...
End of the year CLEs - Just a start
Posted on June 19, 2009Here are some CLE notices that I have received via email. Check them out. Some of these are available at your desk via computer OR telephone. From the LBA: The New Ethics Rules: They Are Here - A Review of the New Lawyer Rules & the Discipline Process WHEN June 23, 2009...
COAKY Arguments in Bowling Green on June 19 & 23, 2009 - Public invitied.
Posted on June 18, 2009Kentucky Court of Appeals to hear oral arguments June 19 and 23 in Bowling Green By Jamie Ball Public Information Specialist 502-573-2350, x 2233 jamieball@kycourts.net http://courts.ky.gov on Kentucky Court of Justice The public is invited to observe as the Court of Appeals hears oral arguments in cases on appeal from Christian, Floyd, Henderson, Lee and Warren counties.
Gambling in the news - and here is what LawReader has to offer on the legal side of the track
Posted on June 18, 2009Gambling, gambing, and more gambling. The mainline media has gambling rambling; the legislature is gambling rambling as they are sampling some bills, but here are some interesting links from Retired Judge Stan Billingsley at www.Lawreader. SILLIEST LAWSUIT OF THE YEAR FILED IN CAMPBELL COUNTY CIRCUIT COURT...
JUDICIAL VACANCIES: District Court Judge vacancy for Knox, Laurel Counties - deadline is July 2, 2009
Posted on June 15, 2009District Court Judge vacancy for Knox, Laurel Counties - deadline is July 2, 2009. 27th Circuit, 1st Division Notice (49KB-PDF) Questionnaire (19KB-PDF)
JUDICIAL VACANCY: Bell County Circuit Judge - questionnaire due July 2
Posted on June 13, 200944th Circuit Notice (49KB-PDF) Questionnaire (19KB-PDF)
JUDICIAL VACANCIES: Boyd Circuit Court Judge - deadline is June 26
Posted on June 10, 2009Circuit Court Judicial vacancy for Boyd County - deadline for apps is June 26, 2009 32nd Circuit, 1st Division Notice (48KB-PDF) Questionnaire (19KB-PDF)
Toll Free Number for Disaster Legal Services for Victims in Breathitt, Floyd, Owsley, and Pike Counties
Posted on June 10, 2009PUBLIC SERVICE ANNOUNCEMENT TOLL-FREE NUMBER FOR DISASTER LEGAL SERVICES 877-499-7698 For Victims in Breathitt, Floyd, Owsley, and Pike Counties A toll-free legal aid line is now available for victims of severe storms, tornadoes, flooding, and mudslides in Kentucky, which occurred during the period of May 3-20, 2009...
LAWYERS WANTED, LAWYERS NEEDED - Kentucky Disaster Legal Relief
Posted on June 10, 2009Colleagues -- In May, severe storms, tornadoes, flooding, and mudslides devastated many residents of the Commonwealth. The Federal Emergency Management Agency (FEMA) has asked for the implementation of disaster legal services in Kentucky in response to these natural disasters...
JUDICIAL VACANCIES: Family Court Judge in Madison, Clark Counties - Deadline was June 5
Posted on June 07, 2009Sorry, another late announcement - Family Court Judge vacancy in Clark and Madison Counties. Deadline was June 5. 25th Circuit, 3rd Division - Family Court Notice (59KB-PDF) Questionnaire (32KB-PDF)
JUDICIAL VACANCY: District Court in Clark and Madison Counties - Deadline was JUNE 5
Posted on June 07, 2009The deadline for questionnaires for this vacancy for District Court Judge in Clark and Madison Counties was due JUNE 5! Ouch. Hope you got the word. If you are really interested, complete the application and send it in. 25th District, 1st Division Notice (59KB-PDF) Questionnaire (32KB-PDF)
JUDICIAL VACANCY: Circuit Court - Bath, Montgomery, Menifee Counties - Deadline due for questionnaires are June 26, 2009
Posted on June 07, 200921st Circuit, 1st Division Notice (49KB-PDF) Questionnaire (19KB-PDF)
JEFFERSON CIRCUIT COURT JUDGE VACANCY: Questionnaires due at AOC on JUNE 12, 2009
Posted on June 07, 2009This vacancy is for Judge Martin McDonald's seat on the bench. 30th Circuit, 6th Division - JEFFERSON COUNTY Notice (33KB-PDF) Questionnaire (32KB-PDF)
JUDICIAL VACANCY: Jefferson District Court, Div. 11 (Eckert) and 17 (Bartholomew) - Those seeking appointment must have applications in by June 12
Posted on June 07, 200930th District, 17th Division - JEFFERSON COUNTY - Judge Matthew K. Eckert Notice (33KB-PDF) Questionnaire (32KB-PDF) 30th District, 11th Division - JEFFERSON COUNTY - Judge Judith K. Bartholomew Notice (33KB-PDF) Questionnaire (32KB-PDF)
JUDICIAL VACANCY ANNOUNCEMENTS: Here is a list of some of the upcoming (and some past due) Judicial vacancies created by the retirements in January of this year.
Posted on June 07, 2009These announcements of judicial vacancies and seeking of nominations almost slipped by me! Check each notice for deadline; I have tried to post them the best I can. Some are past due. The link at the site to go and see when the upcoming vacancies are posted is at the AOC - CLICK HERE...
LOUISVILLE: Zoo Train Wreck injures 22
Posted on June 03, 2009This story is a sad one regarding the injuries caused by the train wreck at the Louisville Zoo. Although, the Zoo is claiming it was inspected, that does not explain that trains like that should not wreck the way it did. Res ipsa loquitor is still an evidentiary law in Kentucky so that the "act speaks for itself"...
GOV: Judge Orders Gov. Beshear to testify in bid rigging case
Posted on June 03, 2009I have not posted much on the trials and tribulations developing in the Lawson/Nighbert bid rigging trial in federal court. But, Judge Reeves is ordering the Governor to show up and testify. Not by deposition; not by proxy. Here are some links to recent posts from the Herald Leader's Bluegrass Politics Blog: Beshear says he will testify at bid-rig trial By Beth Musgrave on Steve Beshear Judge: Beshear must testify in bid-tampering trial By Government Editor on Steve Beshear
Yes, I have been AWOL from this
Posted on June 03, 2009Yes, I have been AWOL from this blog most of May. Hope, I have not lost you, but I will try and do better. Sometimes, you just gotta take a break.
TECH: LBA twitters away with new Twitter Page
Posted on May 15, 2009Another twitter me this and twitter me that as social media expands in the LBA. I am not twittering yet, but those of you who are, then feel free to leave some anonymous comments on the value and/or interesting asides on the twitter teching. LBA Announcements By vmsmit06 on Student The Louisville Bar Association would like to inform members of our law school community about their new Twitter page...
LAWYERS: Louisville attorney and Kentucky Justice Secretary Brown paying back fed taxes
Posted on May 15, 2009Bluegrass Politics Blog reports on a local Kentucky politician and lawyer with tax woes. Taxing problems are not the exclusive domain of the Obama administration's appointees. Here is John Cheeves link with a teaser comment: Justice Secretary Brown paying back taxes Kentucky Justice Secretary J...
LOUISVILLE: Fairness Campaign to Host Prop 8 ?Day of Decision? Protest or Celebration Rally
Posted on May 09, 2009Twitter me this and twitter me that, but twitter me quickly where I'm at. Interesting press release using Twitter to get the word out with date to be twittered and facebooked to those in circle. Fairness Campaign to Host Prop 8 ?Day of Decision? Protest or Celebration Rally 24-Hour Notice of Rally Date to be Released Via Twitter and Facebook (Louisville) As the California Supreme Court draws nearer to a ruling on the state's controversial Proposition 8, the recently-passed law defining marriage as between a man and a woman, Louisville's Fairness Campaign joins organizers from across the country hosting a "Day of Decision" rally?either a public protest or celebration based on the court's ruling...
LOUISVILLE: Some UofL Law Students will be protesting Sen. Mitch McConnell's presence at their graduation - Mitch "you do not speak for us!"
Posted on May 08, 2009University of Louisville Law student not pleased with Sen. Mitch McConnell and will be protesting during graduation exercises. Dear Sen. McConnell, As a few of the members of the Brandeis School of Law Class of 2009, we welcome you to our commencement...
New Ethics Rules to take effect July 15, 2009 - anyone willing to do commentary/digest of them???
Posted on May 08, 2009[LINKS TO RULES and RULES WITH CHANGES CORRECTED; note that the additions to the rules are underscored, and the deletions in brackets]. The Rules of Professional Responsibility have been revised with a little mixup in the news. Here are some of the stories, with links to the rules and changes...
KENTUCKY BAR FOUNDATION SPONSORS ?CARE? PROGRAM FOR FINANCIAL LITERACY
Posted on May 07, 2009FRANKFORT, Ky. -- As the challenges of today?s economy continue to come into focus, high school seniors in more than 20 schools in Fayette, Jefferson, Clark, Madison, Pulaski and Pike counties are benefiting from an innovative approach to financial literacy sponsored by the Kentucky Bar Foundation, Inc...
Supreme Court Justice Venters Speaker at 2009 Law Day in Frankfort
Posted on May 05, 2009Justice Daniel J. Venters of the Supreme Court of Kentucky will be the keynote speaker for the 2009 Law Day celebration Friday, May 1, at the Kentucky Capitol in Frankfort. The annual event will begin at 10 a.m. in the chamber of the House of Representatives...
TECH TIPS: Just a reminder and thanks to Finis Price and his TechnoEsq.com blog and web site which combines law and technology into a seamless web
Posted on May 04, 2009Every now and then, I like to remind you of the technical side of life and the law. Here are some links to one of my favorite blogs and web sites - TechnoEsq.com. Finis Price is a first rate lawyer, first rate computer professional, and when you combine the two - a rare find in this world of specialties! Plus, he's a good person which at my age means a lot! He recently attended the ABA Legal Tech Show, and I am anxious to read about new and useful developments...
KBA: If you want the KBA to email your CLE Credits, you need to give them permission!
Posted on May 04, 2009On the KBA Website - Because Kentucky Supreme Court rules mandate the confidentiality of KBA CLE records, please email a brief note to cle_reg@kybar.org indicating ?I grant the KBA permission to email my CLE records to me.?
AOC: Job vacancy for AOC Director application deadline this week!
Posted on May 03, 2009Judicial Branch accepting applications for AOC director Interested individuals have until May 8, 2009, to apply for the position of director (151KB-PDF)of the Kentucky Administrative Office of the Courts.
New Ethics Rules to take effect July 15, 2009 - anyone willing to do commentary/digest of them???
Posted on May 03, 2009The Rules of Professional Responsibility have been revised with a little mixup in the news. Here are some of the stories, with links to the rules and changes. Should anyone wish to do any commentary on the rules, just email me and we'll post them! Here is the LINK to the revised rules in PDF which are effective JULY 15, 2009!!! Here is a link to the rules prior to 7/15/2009 with changes and deletions noted and marked! CLICK HERE...
Legal News from Around the Circuit - Apr 23-May 3, 2009
Posted on May 03, 2009Some recent stories: Top Louisville lawyer sought on tax charges kills himself Courier JOurnal As one of Louisville's leading real-estate attorneys, Hank Diamond closed some of the biggest deals in town, fellow lawyers say -- and he had the Range Rover, Lexus and $520,000 Tudor-style home in Mockingbird Valley to prove it...
Jefferson Courts: Jefferson County ending routine subpoenas of police officers
Posted on May 03, 2009Big change for those practicing in Jefferson District Court per following Courier-Journal story. Very well written and researched, and due to importance (and fear it may be off line in a week!), the entire story is posted but you may wish to see the on-lines comments at the CJ's site...
CLE: 2009 Kentucky Law Update Schedule Released by KBA
Posted on April 30, 20092009 Dates KENTUCKY LAW UPDATE Dates and Locations Please select the location you would like to attend and you will be directed to the driving directions for that program. September 2-3 Covington (W/TH) Northern Kentucky Convention Center September 10-11 Lexington (TH/F) Lexington Convention Center September 22-23 London (T/W) London Community Center October 1-2 Owensboro (TH/F) RiverPark Center October 6-7 Ashland (T/W) Ashland Plaza Hotel October 20-21 Prestonsburg (T/W) Jenny Wiley State Resort Park October 29-30 Paducah (Gilbertsville) (TH/F) Kentucky Dam Village State Resort Park November 5-6 Bowling Green (Th/F) Holiday Inn & Sloan Convention Center December 3-4 Louisville (TH/F) KY International Convention Center
Legal Aid Society's Brush, Bottle, and Barrel of the Bluegrass - Friday, April 24 at 5:30 - 8:30 p.m.
Posted on April 24, 2009Fifteen select artists who participate in the Cherokee Triangle Art Fair will be on hand to display and sell their art in advance of the Fair. The event also features tasting of Kentucky wines, bourbons and beers, food from local producers, and a silent auction...
SCOKY: "Supreme Court upholds convictions of three death row inmates"
Posted on April 24, 2009Supreme Court upholds convictions of three death row inmates The Kentucky Supreme Court yesterday upheld the convictions of three death row inmates, including the state's only woman facing execution. Caudill and Goforth were convicted of killing 73-year- old Lonetta White of Lexington in 1998 by bludgeoning her with a hammer...
Lou Criminal News: " Karen Sypher charged with extortion of Rick Pitino"
Posted on April 24, 2009The Courier Journal has just posted a story regarding criminal charges filed against Karen Sypher. Here's the headline and link with an extract: Karen Sypher charged with extortion of Rick Pitino The Courier-Journal ? April 24, 2009 Six days after the disclosure that University of Louisville men?s basketball coach Rick Pitino was the target of an extortion attempt, a Louisville woman was charged today with extortion and lying to the FBI...
Chief Justice Roberts Speaks at UofL
Posted on April 23, 2009Chief Justice Roberts stops in Louisville to speak at the McConnell Center. I could NOT find the video of it on line, but should someone know where the link is, then please email it to me. Chief Justice John Roberts speaks at U of L from CJ U.S. Supreme Court Justice John Roberts was mildly critical of the U...
Jefferson County Courts: Suit filed by Judge Montano's estate for medical negligence against doctors and hospital
Posted on April 22, 2009The family of Judge Kathleen Voor Montano has sued treating doctors and the hospital claiming negligent treatment caused her death at the hospital. Here is a link to the Courier Journal story of Apr 15 by Jason Riley. Family files suit over judge's death The family of Kathleen Voor Montano has filed a wrongful-death lawsuit against Baptist Hospital East, Louisville Pulmonary Care and two doctors, claiming they were negligent in their treatment of Montano...
KBA: Scott Turow to speak at KBA Convention
Posted on April 22, 2009ATTORNEY AND FAMED AUTHOR SCOTT TUROW TO BE FEATURED AT KENTUCKY BAR ASSOCATION?S ANNUAL CONVENTION, JUNE 10-12 FRANKFORT, Ky. -- The Kentucky Bar Association?s Annual Convention, June 10-12, at the Northern Kentucky Convention Center in Covington will feature attorney and best-selling author Scott Turow, attorney and former ABC World News Correspondent Tim O?Brien, and ?Thomas Jefferson? as presented by acclaimed living history performer Patrick Lee of Ashland, Mo...
More on former Senior Status Judge Maricle from the U.S. Justice Watch - "Exclusive- Maricle was in rush to assert control of Russell County Cases"
Posted on April 22, 2009Over the years I have noted that some bloggers and blogs become "the" blog for reporting on certain stories. Jacob Payne at Page One Blog is "the" blogger and thus the ultimate source of information on the University of Louisville fiascos involving the nursing student dismissal and Dean Robert Felner...
News: Louisville Forum on Officer Absent and Cases Dismissed
Posted on April 21, 2009Here is a short link to the forum story following the Officer Absent, Case Dismissed series by the Courier Journal at the Louisville Forum. I looked for the video on line to no avail. Should you know, then email me the link. For what it is worth, I think the police are unnecessarily taking the brunt of the heat for a problem that has existed for years with its dysfunction becoming the norm and accepted practice...
News: The Pitino Postings and the Cry of Extortion
Posted on April 21, 2009For such a potentially hot topic, the blogosphere is not nearly as red, or read, as one might imagine. In the meantime, here are some links to stories on this developing legal matter: Pitino extortion claims causing buzz in Louisville Kentucky.com AP Story More details emerge in Pitino extortion case Courier Journal Husband of accuser defends Pitino Courier Journal The Unofficial Rick Pitino Extortion Rumors List Bleacher Report - ?Apr 19, 2009? Libel, or the Relevance of the RIck Pitino Soap Opera Bleacher Report - ?Apr 20, 2009
AOC: And another groundbreaking event for a courthouse and a price tag of $18.9 million. Cha-ching.
Posted on April 21, 2009Even in the face of concerns over the budget, courthouse construction, bonding of the construction companies, and family hiring, the courthouses keep on coming. Here is an AOC press release on breaking ground in Whitley County: Whitley County to break ground for $18...
LBA: 2008 Judicial Evaluations Out on Jefferson County Judges
Posted on April 20, 2009The Louisville Bar Association has announced the results of this year?s Judicial Evaluation of the Jefferson Circuit and Family court judges. A total of 23 judges were evaluated in this year?s evaluation. Due to the smaller size of the litigation bar and the nature of the practice, approximately 700 survey packets were sent to those members of the Kentucky Bar Association who reside and/or are employed in Jefferson County and who qualify under the evaluation participation guidelines...
News Roundup: Some law-related news stories the past week or so.
Posted on April 20, 2009Playing a little catchup here with some law-related stories from Louisville and the around Kentucky. Public defenders get $2 million to avoid shutdown @ Bluegrass Politics Blog Supreme Court approves revisions to attorney code @ Bluegrass Politics Blog Legal action possible over doctors' hiring From Courier Journal - The controversy over Norton Healthcare's hiring of eight University of Louisville faculty neurosurgeons could be headed for a courtroom...
LOU: Metro employees sue over stairwell collapse from CJ
Posted on April 17, 2009Metro employees sue over stairwell collapse [from Courier Journal] Two people injured when a stairwell collapsed last month in a century-old Main Street building have filed a lawsuit against the property owner and his wife, claiming the couple should have known the structure was unsafe.
General Growth files for bankruptcy protection
Posted on April 16, 2009From Yahoo.com/Reuters comes the following story. Note that General Growth Properties owns four malls in Kentucky, to include Mall St. Matthews and Oxmoor Center in Louisville, Florence Mall in Northern Kentucky, and Greenwood Mall in Bowling Green. Click on title for entire story: General Growth files for bankruptcy protection By Ilaina Jonas and Emily Chasan Ilaina Jonas And Emily Chasan ? 1 hr 15 mins ago NEW YORK (Reuters) ?General Growth Properties (GGP) Inc, the second largest U...
News: Link to Google stories on racketeering case involving former circuit court (and senior status judge) Cletus Maricle out of Clay County
Posted on April 16, 2009Here is a link to some news feeds at Google.com on former Senior Status and Circuit Court Judge Russell Cletus Maricle currently indicted for racketeering and election fraud out of Clay County: CLICK HERE. Here's an older story that I overlooked: FBI agent: Clay judge coached witness Keep him in jail, prosecutor urges By Bill Estep - bestep@herald-leader...
SCOKY ARGS for April 15-16, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)
Posted on April 16, 2009Sorry for the tardiness!!! Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and COA decision are below! WEDNESDAY, APRIL 15, 2009 9:00 a...
News: Nursing student court hearing cancelled
Posted on April 15, 2009Jake Payne a Page One blog continues to post on the UofL nursing student dismissal. Unfortunately, I am late in noting this development, but better late than never: Remember Nina Yoder, the nursing student the University of Louisville wrongly expelled from the School of Nursing because of what she wrote on her personal MySpace profile? She was scheduled to get her day in court? today...
News: Clay County Election Fraud Involves Senior Status Judge and County Clerk
Posted on April 14, 2009Here's an AP story out of the Herald Leader on this most unfortunate mess in Clay County with Senior Status Judge Russell Cletus Maricle involved [picture at left]. Election-fraud case stirs disgust in Clay Co. By BRUCE SCHREINER - Associated Press Writer MANCHESTER, Ky...
UK Law: David A. Brennen New UK Law Dean
Posted on April 13, 2009LEXINGTON, Ky. (April 9, 2009) ? David A. Brennen has been named dean of the University of Kentucky College of Law ending completion of formalities and approval by the UK Board of Trustees. Brennen is joining the University of Kentucky from the University of Georgia School of Law where he has been a professor since 2006 and from the Association of American Law Schools where he is completing a two year term as deputy director...
Legal Aid and UofL Law: Louisville Law Clinic Open House and Reception Tuesday, April 7, 2009; TIME 5:30 - 7:30p.m.
Posted on April 06, 2009Please make plans to join the UofL Alumni Association, Brandeis School of Law and the Law School Alumni Council at the Legal Aid building for the Law Clinic Open House. The Clinic will enable the law school to refocus legal education into an active, hands-on enterprise...
Louisville Forum on April 8, 2009 (noon) to discuss "Case Dismissed? The impact of absent police witnesses"
Posted on April 06, 2009Wednesday, April 8th Luncheon Meeting Noon at Vincenzo?s Case Dismissed? The Impact of Absent Police Witnesses Featuring: Pat Byron, President emeritus, Mary Byron Project Ronnie Harris, General Counsel and Chief of Staff, Office of the Circuit Court Clerk Michael O?Connell, Jefferson County Attorney Chief Robert White, Louisville Metro Police Department Guests - $20 ? Louisville Forum Full Members ? No Charge ? Basic Members $13 RSVP by noon, Monday, April 6, 2009 502...
Rules: peremptory challenge to strike a member of a racial minority from the jury panel
Posted on April 06, 2009In light of a couple of recent Kentucky decisions on the issue, David Kramer has prepared prepared a supplemental comment as follows under CR 47.03 for the 2009 pocket part (due out in May) of the West Civil Practice Series Vol. 7 about use of a peremptory challenge to strike a member of a racial minority from the jury panel...
Bowling Green Lawyer J. Marshall Hughes Spends $355,205 of own money in legislative loss
Posted on April 03, 2009Jake Payne at the PageOne Blog pointed to the Kentucky Gazette for the following story on Bowling Green lawyer's legislative campaign which cost over $300k of his own money in loss against Reynolds: J. Marshall Hughes spent $407,464? $355,205 of his own money? on his losing campaign against Mike Reynolds...
Breaking News: Herald Leader Blog Reports Cunningham & Gallion Found Guilty in Diet Drug Trial
Posted on April 03, 2009BlueGrass Politics Blog reports on this late-breaking story: Fen-phen jury: Gallion and Cunningham guilty on all counts By H-L Justice Team on wire fraud By Beth Musgrave - bmusgrave@herald-leader.com FRANKFORT ? After deliberating for two days, seven women and five men convicted William Gallion and Shirley Cunningham Jr...
Louisville Verdict: Jury awards couple $10.6 million in Louisville against BB&T (formerly Bank of Louisville)
Posted on April 03, 2009$10.6 Million Verdict reported in Jefferson County against bank for fraud in the inducement. Story by Jason Riley of Courier Journal: Jury awards couple $10.6 million in Louisville By Jason Riley ? jriley@courier-journal.com ? April 1, 2009 A Jefferson Circuit Court jury this week found Branch Banking & Trust, or BB&T, liable for fraud and awarded a Louisville couple $10...
INSURANCE: Attorney Brad Smith New CEO of KFBM
Posted on April 01, 2009Smith takes over as CEO of Kentucky Farm Bureau Insurance Bradley R. Smith, chief operating officer Kentucky Farm Bureau Insurance Cos. has succeeded Roger L. Simpson as CEO, the insurer announced.
COURTS: Officer Absent, District Court Prosecutions and a hard-hitting letter to the editor
Posted on March 31, 2009The recent stories by the Courier Journal on Officer Absent has prompted the following letter to the editor. It has been several weeks, with no real substantive developments on solving the problem of district court dismissals for failure of police officers to show up as witnesses...
CIVIL RULE AMENDMENTS: New Rule to Protect Privacy in Pleadings and other Court Filings of Documents
Posted on March 30, 2009Civil Rule 7.03 is new, new, new. In a nutshell: Attorney shall redact SSN, DOB, TIN, financial account number in civil matters (DOB ok in criminal pleadings) from those documents FILED WITH THE COURT. Attorney is the custodian of the original. Court may order unredacted filed under seal...
New News: US Justice Watch On Line Paper in S.Central KY reporting on local legal news
Posted on March 30, 2009I just discovered this interesting blog out of southcentral Kentucky. US Justice Watch does not have that many stories yet, nor do they have an RSS feed, but they seem to be putting out a lot of stories on the Judge Maricle case. Here are a few links of recent stories: Bond Denied Again in Judge Maricles Criminal Indictment United States Magistrate Judge Robert E...
CIVIL RULES: Kentucky Rules of Civil Procedure Amended Effective Apr. 1, 2009
Posted on March 30, 2009Recent changes to the Kentucky Rules of Civil Procedure are to take effect on April 1, 2009. Thanks to David Kramer, here is a short summary of the changes and a link to SCOKY Orders. Attached is an Order of the Kentucky Supreme Court amending the Kentucky Rules of Civil Procedure effective 4/1/09...
STATE: Unemployment Insurance Task Force Appointed AFTER State Loses $45 million in fed money (or now you lose it, now you don't)
Posted on March 29, 2009Where were these folks and this task force as the state was losing federal stimulus money for unemployment funds??? Looks like the door was closed after the horse got out of the barn on this one. See, Courier Journal story - Ky. will miss out on $45 million for jobless benefits Fri Mar 27, 2009...
AOC News: Chief Justice Minton releases legal opinion on bonding required for Kentucky court facilities construction program
Posted on March 25, 2009The 'in house' review of the bonding program for courthouse construction is complete and CJ Minton has opined it was inadequate. Of course, this was exposed by the Herald Leader and only addresses one of the concerns raised by their special edition. See more at Law and Mortar...
More on federal indictment of Senior Status Judge Cletus Maricle
Posted on March 21, 2009Lawreader has posted the text of the indictment. Click here. From Bluegrass Politics Blogger, John Stamper: Judge arraigns 4 of 8 charged in Clay Co. corruption case Our earlier post: JUDICIARY: Senior Status Judge Cletus Maricle Indicted for racketeering
JUDICIARY: Jefferson County Commission on Racial Fairness passes resolution that Gov, CJ Minton, "seek out" qualified minorities for appointment to judiciary
Posted on March 20, 2009FRANKFORT, Ky. -- The Jefferson County Commission on Racial Fairness has unanimously passed a resolution that calls for the Judicial Nominating Commission, Chief Justice of Kentucky John D. Minton Jr. and Gov. Steve Beshear to seek out, nominate and appoint qualified African-Americans and other minorities to the Kentucky judiciary...
JUCICIARY: Governor and Chief Justice Agree to Postpone Making Judicial Appointments until later in year
Posted on March 20, 2009List of Judicial Vacancies The four names in blue are vacancies due to election; the 23 other vacancies are due to retiring judges who took senior status. The vacancies are listed, from top to bottom, in the order in which they will be filled. The determination on which vacancies to fill first was based on several factors, including the jurisdiction's caseload, the number of other judges in that jurisdiction and the level of coverage by senior judges for that jurisdiction...
UofL: Call for papers for Second Annual Conference on Innovation and Communication Law
Posted on March 20, 2009From UofL Law: Call for Papers By vmsmit06 on Faculty Second Annual Conference on Innovation and Communication Law Louisville, KY USA August 21 and 22, 2009 The University of Louisville will host the second annual Conference on Innovation and Communication Law on August 21 and 22, 2009...
Laws: HB 28 regarding father's rights does not make it this session; sponsor says it's "dead"
Posted on March 19, 2009Paternal rights bill dead for session [Courier Journal story by Andrew Wolfson] Shane Benton hasn't seen his son since August, he said, because of a ruling four months earlier in which the Kentucky Supreme Court held that a man who fathers a child during an affair with a married woman has no parental rights...
JUDICIARY: Open Records Procedures Proposed for Judiciary
Posted on March 19, 2009Here's story from Andrew Wolfson, Courier Journal, regarding proposal to institute open records procedures in the judiciary (even though SC decision years ago held Kentucky Open Records statute did not apply to the courts). Will it include the AOC, financial matters, court house construction, salaries, etc? Proposal would open judicial branch's records Council to help draft proposal this year By Andrew Wolfson ? awolfson@courier-journal...
Criminal News: Attorney?s illness causes concern, delays in fen-phen case
Posted on March 19, 2009Attorney?s illness causes concern, delays in fen-phen case By H-L Justice Team on William Gallion
JUDICIARY: Senior Status Judge Cletus Maricle Indicted for racketeering
Posted on March 19, 2009Senior Status Judge Cletus Maricle indicted by feds for Clay County racketeering. Here's post at Bluegrass Politics Blog with Herald-Leader. Several Clay County officials indicted on vote-buying charges By John Stamper on State Government Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has charged...
LBA: Racial Fairness Commission Meeting - Wednesday, March 18 @ 4:00 p.m.
Posted on March 18, 2009The public is invited to attend a meeting of the Chief Justice Racial Fairness Commission in the Crown Room of the Jefferson County Judicial Center (700 W. Jefferson St.). The Commission is chaired by Court of Appeals Judge Denise Clayton.
AOC News: Foster Care Needed in Bracken, Fleming, Lewis, Mason, Robertson, Kenton and Grayson Counties
Posted on March 18, 2009The following releases from the AOC: Volunteers needed to assist children placed in foster care in Bracken, Fleming, Lewis, Mason and Robertson counties Volunteers needed to assist children placed in foster care in Grayson County Volunteers needed to assist children placed in foster care in Kenton County These announcements provide a contrast with previous stories over SB 68 regarding adoption and foster care and the financial implications of the proposed legislation which did not get approved: Adoption, foster-care bill is dead for session UCLA?S WILLIAMS INSTITUTE RELEASES NEW STUDY ESTIMATING COSTS OF KENTUCKY SB 68: BARRING UNMARRIED COUPLES FROM FOSTERING AND ADOPTING WILL DISPLACE OVER 700 CHILDREN; COST STATE $5...
JUDICIAL POLITICS: More on the King Campaign Finances and a little segue into investigatory journalism and blogging
Posted on March 18, 2009This post bounces around a little - a little about local bloggers breaking stories which prompted my earlier post entitled OP-ED: Letter to the editor in CJ supportive of Judge Katie King and which generated the following comment from Ed Springston who blogs at Louisville News and Politics and who has investigated the Katie King campaign issues...
UofL News: Nursing student sues school over dismissal based upon her blog postings
Posted on March 17, 2009Here are stories filed on the UofL nursing student Nina Yoder's lawsuit in federal court claiming she was dismissed due to content on her blog. The story was scooped at PageOne Blog on March 5, then followed up with the links to pleadings on March 12, and now the AP is carrying the story...
KBA: Vacancy Announcement for EXECUTIVE DIRECTOR ? TREASURER POSITION; Application deadline is April 15, 2009
Posted on March 16, 2009The Kentucky Bar Association (KBA), an agency of the Supreme Court of Kentucky, seeks qualified applicants for the position of Executive Director - Treasurer. The KBA, with nearly 16,000 members, is a unified state bar association with offices in the state capital of Frankfort...
LBA CLE: Strategies for Doing Business with a Financially Troubled Company
Posted on March 16, 2009When: Thursday, March 19, 2009 @ 11 a.m. ? 1 p.m. Join the LBA In-House Counsel Section and Dennis D. Murrell of Middleton Reutlinger for a discussion on doing business with a financially troubled company. Topics include: * Contract Renegotiation * Security Interests * Personal Guarantees * Anticipatory Breach * Adequate Assurance of Performance * Preferential Transfers For more information, visit the LBA website or contact the CLE Department by calling (502) 583-5314 or e-mail lmaddox@loubar...
State News: Pension Plan Changes for New Hires Being Considered by Legislature
Posted on March 15, 2009While reading the following post from Bluegrass Politics Blog and the state's pension program's problems from declining stocks, I was wondering about the financial integrity of the judicial pension program which is probably getting it with a one-two punch of declining stock values AND staggeringly increasing commitments created by the flood of senior status judges...
UofL Law: Law Review announces 2009-2010 Editorial Board
Posted on March 15, 2009UofL Law Review Announces 2009-2010 Editorial Board The University of Louisville Law Review is pleased to announce next year's editorial board: Editor in Chief: Michael Swansburg Senior Articles Editor: Leah Campbell Senior Notes Editor: Adam Stotts Symposium & Alumni Relations Editor: Mari-Elise Gates Executive Editor: David Haney Managing Editor: Andrew Palmer Articles Editors: Chad Propst, Jessica Richards, Ian Richetti Notes Editors: Barry Dunn, Jenna Glasscock Johnston, Trista Moss Associate Editor-Bluebook/ILL: Brian Pollock Associate Editor-Symposium: Brian Stempien
LAWS: Bill to give money to prosecutors, public defenders clears House
Posted on March 14, 2009From Bluegrass Politics Blog, Beth Musgrave: Bill to give money to prosecutors, public defenders clears House By Beth Musgrave on State Government FRANKFORT ? A bill that would give $4.7 million to the state?s public defenders and an additional $4.7 million to the state?s prosecutors this fiscal year passed the House Tuesday, but not without a more than an hour-long debate...
AOC News: AOC Director Jason Nemes Resigns, Taking Position with Landrum and Shouse
Posted on March 13, 2009Director of the Administrative Office of the Courts resigns Jason M. Nemes leaving the AOC to join Dinsmore & Shohl Resignation to be effective April 3, 2009 FRANKFORT, Ky., March 12, 2009 -- Jason M. Nemes announced today that he is leaving his post as director of the Kentucky Administrative Office of the Courts to practice law with Dinsmore & Shohl in Louisville...
BULLITT NEWS: Former inmate sues ex-deputy, sheriff in Bullitt
Posted on March 13, 2009Former inmate sues ex-deputy, sheriff in Bullitt A former inmate at the Kentucky Correctional Institute for Women is suing a former Bullitt County deputy and the sheriff after alleging last year that the deputy sexually assaulted her during trips to court...
OP-ED: Letter to the editor in CJ supportive of Judge Katie King
Posted on March 11, 2009Today, I am sharing a letter to the editor from the Courier Journal in support of Judge Katie King. The letter was written by Steven Magre, former President of the Louisville Board of Alderman, and sets out two points that seem to have been overlooked by bloggers and media in coming down on Judge King...
Legal Experts and Public Officials Calling on Governor to Declare Moratorium on Executions
Posted on March 09, 2009Frankfort, KY : Several legal authorities on criminal justice are calling on Governor Steve Beshear to suspend executions in Kentucky pending resolution of the budget crisis adversely impacting the Kentucky Public Defender system?s ability to provide the required level of legal representation...
Weekly News Wrap-up: Mar. 2-8, 2009
Posted on March 08, 2009U.S. Supreme Court to consider whether Due Process required a W. Virginia Judge to recuse from case re: coal company which donated $3 million to assist his election by Stan Billingsley Judge hears arguments in public defenders caseBy Beth Musgrave on State Government Panel backs bill to bar adoption by unmarried couples PRP player who died wasn't dehydrated, experts say $25,000 settlement over property changes rejected Judge grants change of venue in highway bid-tampering trial Abortion bill sent to House after Senate passage Tax roll 'sitters' hold space in line Bill To Give Blood Fathers More Clout Hits Wall In House By Mark Hebert The bill sponsored by Rep...
LEXINGTON: Former County Attorney Prevails in suit against her for retaliatory discharge of employee - it was poor performance
Posted on March 05, 2009APPEALS: The value of an oral argument and the elements of fairness cannot be overstated
Posted on March 05, 2009ELSEWHERE but close: Houston Chronicle Comments on Prejudging Appeals via voting before hearing from the lawyers
Posted on March 04, 2009CLE: UofL Sponsoring CLE Programs on independent contractors for law firms, estate planning, and labor law
Posted on March 03, 2009AOC: Director of Courthouse Construction in Kentucky resigns amid controversy
Posted on March 03, 2009ERISA: Janell Grenier's Benefits Blog has some interesting posts that are timely during this financial upheavel
Posted on March 03, 2009TECH: Computer simulation of Crash of Flight 1549 on the Hudson River reveals value of computer technology in making point in 2 minutes!
Posted on March 02, 2009COURTS: Allegations of election finance impropriety made and the response - Jefferson District Court Judge Katie King
Posted on March 01, 2009Jurisdiction: Blog discusses local decision rebgarding forum selection clause in agreement involving internet
Posted on March 01, 2009LBA: Attorney Bowl for Kids' Sake Kick-Off set for Mar. 25, 2009
Posted on February 26, 2009Attorney Bowl for Kids' Sake Kick-Off It's time to dust off those bowling shoes for the annual Attorney Bowl for Kids' Sake on Wednesday, March 25. This year's event will be held at Vernon Lanes located at 1575 Story Ave. Lanes will be available at 4:30, 5:30 and 6:45 pm...
UCLA?S WILLIAMS INSTITUTE RELEASES NEW STUDY ESTIMATING COSTS OF KENTUCKY SB 68: BARRING UNMARRIED COUPLES FROM FOSTERING AND ADOPTING WILL DISPLACE OVER 700 CHILDREN; COST STATE $5.3 MILLION
Posted on February 25, 2009LOS ANGELES ? Today, the Williams Institute at the UCLA School of Law released a cost estimate of Kentucky Senate Bill 68, ?The Child Welfare Adoption Act,? which seeks to prohibit unmarried couples from fostering or adoption children. The report estimates that SB 68 would cost the State over $5...
UK Law: Vol. 97 Kentucky Law Journal Now on Sale
Posted on February 24, 2009Kentucky Law Journal Now On SaleMedia Contacts: * Katy Bennett, (859) 257-1754, x255 * Heather Russell, (859) 257-7938LEXINGTON, Ky. (Feb. 5, 2009) ? The first book in the 97th volume of the Kentucky Law Journal is now available for purchase. Since 1913, the Kentucky Law Journal has published scholarly works of general interest to the legal community and is the 10th oldest law school journal in the country...
Value Fairness Day Rally in Opposition of SB 68 for Feb. 25 at Capitol Rotunda in Frankfort (12:30 - 1:30)
Posted on February 24, 2009The following press release was received this date and posted:FOR IMMEDIATE RELEASE Monday, February 23 2009CONTACT: Chris Hartman, Director, Fairness Campaign (502) 893-0788Statewide Kentuckians Value Fairness Rally Feb. 25Opposition to Senate Bill 68 Draws Additional Allies, KCHR Resolution(Louisville, KY) Support for Kentuckians Value Fairness Day held in Frankfort Feb...
Blog Update: FOUR Years and still going strong!
Posted on February 23, 2009February 2009 represents our four-year anniversary!700,450 page views!5383 posts.Thank you, thank you, thank you.
KBA: "Lexington attorney [John D. Meyers] named interim head of lawyers? group"
Posted on February 23, 2009From Jack Brammer's post at Bluegrass Politics Blog:FRANKFORT ? Lexington attorney John D. Meyers has been named interim executive director for the Kentucky Bar Association by its governing board.Meyers, who has been the association?s continuing legal education program director since October 2005, replaces Jim Deckard, who recently announed he will step down to pursue private practice...
COA: Kentucky Court of Appeals to hear oral arguments Feb. 24 in Covington
Posted on February 23, 2009FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments Tuesday, Feb. 24, in Covington. The cases include an appeal regarding legal malpractice claims in the Lexington Micro-City Government child abuse cases, an appeal of a lost lawsuit against Allstate Insurance Co...
In Memory of Clark County Circuit Clerk David Nelson Hunt - 1962-2009
Posted on February 22, 2009The Kentucky Court of Justice extends its deepest sympathy to the family of Clark County Circuit Clerk David N. Hunt, 47, who passed away Feb. 19, 2009.Mr. Hunt was a beloved figure in Winchester, where he was a banker for 16 years prior to being elected circuit clerk in 2000...
COURTS: Courtship ends up in courts
Posted on February 22, 2009From elsewhere, but here too, is a story about courtship ending up in the courts and diamond rings. Local court case on "he said, she said" is reported in KANSAS CITY! Couple's court battle over $18K engagement ring | KSN.com - News ...It all centers around an $18000 diamond engagement ring a Louisville man claims he gave a Texas woman along with the promise of marriage...
Weekly News Wrap-up: Feb. 15-22, 2009
Posted on February 22, 2009Here are some news stories from papers, blogs and elsewhere this past week:Blue Grass Politics Blog Advocates push for registry of abusive nursing home workers By John Stamper on Social ServicesA new proposal would make it easier for nursing home administrators and others who provide services for the impaired to know more about the people they employ...
LBA: Invites you to their Black History Month Program on Feb. 25 @ 4:00 pm on "A History of African-Americans' Right to Vote"
Posted on February 22, 2009LBA's Black History Month ProgramA History of African-Americans' Right to VoteWednesday, February 25 @ 4 p.m. The Louisville Bar Association cordially invites you to join us in celebration of Black History Month. The LBA is proud to welcome J. Blaine Hudson, Dean of the College of Arts & Sciences at the University of Louisville, as he presents "A History of African-Americans' Right to Vote...
JUDICIARY: Lawreader Post summarizes Chief Justice Minton's plan for using senior status judges in place of vacancies created by retirements
Posted on February 17, 2009Lawreader post:Chief Justice John Minton Jr. proposes to fill judicial vacancies with Senior Status Judges to save Judicial Budget up to $6,000,000 during 2009 and 2010.
COA Arguments in Bardstown on Feb. 23, 2009 - Public is invited!
Posted on February 17, 2009FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four civil case appeals Monday, Feb. 23, at the Nelson County Justice Center in Bardstown. Proceedings are open to the public.A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Michael Caperton and Denise G...
LAWS: SB 68 regarding unmarried couples seeking adoption and foster care is showing signs of controversial consequences
Posted on February 17, 2009Senate Bill 68 has been in the news recently, and the Kentuckians Value Fairness statewide rally and press conference will be held in the Capitol Rotunda Wednesday, February 25, 12:30-1:30 pm. Lobby training and group gathering is held in Capitol Annex room 111 at 9 am...
JUDGES: List of judges retiring on the eve of the end of the senior status judges program
Posted on February 15, 2009Of course, as judges retire early to work part-time and earn larger pensions in the midst of this recession on the verge of a depression might not be considered so favorably by those citizens who will be fronting the bill in taxes to pay for this increased benefit...
JUDGES: OP-Ed From Bowling Green Daily News on Proposed suggestions on Senior Status Judges Program
Posted on February 15, 2009From the Bowling Green Daily News Op-Ed pagesMinton?s plan for senior judges will help stateBy the Daily NewsTuesday, February 10, 2009 11:39 AM CSTWe believe that Kentucky Supreme Court Chief Justice John Minton Jr. is onto something involving a program designed to save the court system more than $1 million and allow the last 22 retiring judges in the state to continue in that role on a part-time basis...
JUDGES: Senior Status Judge's Program Is not going silently into the sunset
Posted on February 15, 2009I had thought the Senior Status Judges program was going, going, gone. But alas it is going out interestingly enough.Here is a post I did dated Dec. 22, 2008. Since there was no reason to heap more coals on to this program which was about to expire, I opted to keep it in the draft file...
Weekly Law News From Feb. 1 - 14, 2009 (sorry for the delay)
Posted on February 15, 2009Legal news from around the Commonwealth of Kentucky:Kentucky Decides to Appeal Domain Name Seizure Case Employer's knowledge of injury excuses claimant's delayed noticeWorkers Comp Forum - Horsham,PA,USARuling: The Kentucky Supreme Court held that the claimant's delay in providing notice of his work-related injury to the employer was excused ...
CRIMINAL CASES: "Jury recommends 24-year term for murder, retaliation" from Courier Journal
Posted on February 15, 2009Jury recommends 24-year term for murder, retaliation A Jefferson Circuit Court jury has recommended a prison sentence of 24 years for a Louisville man convicted of murder in the 2007 shooting death of Edrisha Reed on Tuscarora Way near Bicknell Avenue.
UofL Law: 2009 Law Review Symposium on Feb. 20, 2009 - First year's topic is "First Amendment Issues in Emerging Technology"
Posted on February 14, 2009From the UofL Law School Blog. On a more personal/professional note two of the speakers have connections to my law school - Washington and Lee in Lexington, Virginia: Dean Partlett is a former dean from Washington and Lee University School of Law; Dean Blake Morant also taught at Washington and Lee and was an Army JAGC (we both went through the same basic course at the University of Virginia back in 1978; Law Review Symposium By rbwimb01 on Student The 2d Annual University of Louisville Law Review Symposium will be held at the University of Louisville, Louis D...
UofL LAW: Mock interview program well-received and an outstanding example it is never too early to mentor and be mentored!
Posted on February 13, 2009Mentoring is not reserved solely for the more senior attorneys. All of us have something to offer someone. This post I found at the University of Louisville Law School exemplifies that spirit with kudos to a recent law grad JUSTINE FOWLES who helped organize and implement a two-day mock interview program for 1L law students...
COA: Kentucky Court of Appeals to hear oral arguments in state trooper?s appeal, other cases Feb. 18 in Bowling Green
Posted on February 13, 2009Proceedings are open to the publicFRANKFORT, Ky., Feb. 12, 2009 - The Kentucky Court of Appeals will hear oral arguments in Bowling Green on Wednesday, Feb. 18, in the case of a Kentucky state trooper who claims that a former Butler County sheriff is responsible for the near fatal injury he sustained while responding to a call in January 1999...
Off Topic News: Will cutting the schools' "make up" days be worth it in education of our children or save any money??
Posted on February 11, 2009Will cutting the school year actually help? This proposal makes no sense when it comes to education or to help disaster affected schools (which should be up and running at the end of the school year). And presumably it will not save much money in salaries and school maintenance...
AOC: Kentucky Supreme Court issues order on court records retention
Posted on February 11, 2009The SCOKY has issued order 2009-4 regarding records retention. Here is the press release. When posted at the AOC web site, you should be able to find it in its entirety in PDF at http://apps.kycourts.net/Supreme/SC_Rules.shtm.Order addresses files in small claims cases, District Court civil cases, other recordsFRANKFORT, Ky...
Off Topic: Stimulus, revenue, trickle down, percolate up, and the bottom line of who pays
Posted on February 10, 2009The money mystery and the stimulus of the economy is a mystery to me. Sometimes counsel comes from questions and not advice. I have a few questions: How come the states' solutions center on raising revenues and the federal solutions look at borrowing and tax cuts? Why assume the stimulus must trickle down from the federal government to the state and eventually to the citizen rather than percolate up? How does it save individual's money when the federal government borrows money and then distributes it the states to handle their shortfalls? Taxpayer money is taxpayer money, be it state or federal...
KBA CLE: 2009 Kentucky Law Update Schedule
Posted on February 10, 2009For those who did not receive the following KBA email for the 2009 Kentucky Law Update Schedule and procedures:We are excited to announce the 2009 Kentucky Law Update dates and locations.September 2-3 (Wednesday/Thursday)CovingtonNorthern Kentucky Convention CenterSeptember 10-11 (Thursday/Friday)LexingtonLexington Convention CenterSeptember 22-23 (Tuesday/Wednesday)LondonLondon Community CenterOctober 1-2 (Thursday/Friday)OwensboroRiverPark CenterOctober 6-7 (Tuesday/Wednesday)AshlandAshland Plaza HotelOctober 20-21 (Tuesday/Wednesday)PrestonsburgJenny Wiley State Resort ParkOctober 29-30 (Thursday/Friday)Paducah (Gilbertsville)Kentucky Dam Village State Resort ParkNovember 5-6 (Thursday/Friday)Bowling GreenHoliday Inn & Sloan Convention CenterDecember 3-4 (Thursday/Friday)LouisvilleKY International Convention CenterThis year our membership will be receiving the 2009 KLU registration brochure in the mail during the month of May...
BAR: "Rule of Law" Symposium today at KSU - Please offer your suggestions!!
Posted on February 06, 2009We received the following email on a "Rule of Law" presentation today at KSU. Kudos to KBA President Barbara Bonar for taking the lead in this effort as lawyers and non-lawyers address issues of "judicial independence; civil rights and social justice; the courts and dispute resolution; business, labor and the workplace; crimes, punishment, and deterrence; and families, children and family courts...
In Memoriam: Louisville Attorney William O. Guethlein Passes away Feb. 4
Posted on February 06, 2009I received the following email today on the death of William O. Geuthlein. Obituary follows.We are very sad to report that Bill Guethlein passed away peacefully this afternoon at Jewish Hospital. This is certainly a great loss to all of those who knew him well...
BAR: Deckard resigns as KBA Director; search begins for replacement
Posted on February 06, 2009Jim Deckard resigns as KBA Director. He only served two years. Search begins next month. In a world of change, we hope the bar finds a director he can embrace the fine traditions of the past and look to the future. Rather than leave it up entirely to the KBA and CJ, why don't you provide some input on names of attorneys you think would do a great job at the helm!!Ky...
Solo University is on-line, the price is right, the content useful and available, and local lawyer Finis Price is on the faculty; check it out!
Posted on February 02, 2009As techology takes hold, more useful and innovative ways are being developed to expand your practice and profession. Just as telephones became conference calls, carbon copies became photocopies, and electronic typewriters became television typewriters, etc...
Peanut Recall List
Posted on February 01, 2009Although there are a plethora of stories on this, I, at first, thought there was no need for another. However, in light of the recalls, this one should be helpful: Recalls of peanut butter products
Medical News Stories for week ending Feb. 1, 2009
Posted on February 01, 2009Here are some medical and health stories found at USA Today. The story on handwashing reminds me of how my wife the registered nurse keeps explaining to me that water is not an antiseptic when washing the hands - soap, friction, and time help a little too...
AOC: Groundbreaking ceremony for Pulaski Courthouse on Feb.2, 2009 @ 1:30 pm
Posted on February 01, 2009FRANKFORT, Ky. ??? The public is invited to a groundbreaking ceremony for the planned Pulaski County Judicial Center on Monday, Feb. 2, at 1:30 p.m. The event will take place at the construction site at 52 Public Square in downtown Somerset. The Kentucky General Assembly authorized the Pulaski County project in 2005 and approved its funding in 2006...
COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced
Posted on February 01, 2009COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced posted at Kentucky Court Report.
Courier Journal Tips on Filing Insurance Claims
Posted on February 01, 2009Saw this in the CJ, and I thought it might be a useful post for all in light of the insurance claims that will surely arise following the ice storm:Tips on filing for insurance Contact your insurance company as soon as possible. Meet with your adjuster before signing anything with contractors, lawyers or public adjusters...
Weekly News Ending Feb. 1, 2009
Posted on February 01, 2009Here are some legal stories around the state this past week. Click on the link for the entire story on line (and if still available): State to appeal gambling rulingSeizure of Web sites is at issueBy Tom Loftus ??? tloftus@courier-journal.com ??? January 21, 2009FRANKFORT, Ky...
SC Argument Calendar for Feb. 11-13, 2009 with issues, links to briefs and times for LIVE Argument on-lineNew Page 2
Posted on January 31, 2009New Page 2 Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The dates, times, briefs, and COA decision links are below! Again, if the litigants would like to request from the AOC at the time of their arguments copies of the videos and send to us, we will stream them! WEDNESDAY, FEBRUARY 11, 2009 9:00 a...
UofL Law: Prof Levinson - "Warns Conference - Save the Date - not only to earn CLE but to hear some great speakers"
Posted on January 28, 2009From UofL Law Blog post by Ariana R. Levinson As I mentioned before, the Warns Conference will be June 18 & 19. The confirmed key note speaker is Cynthia Estlund. I have had the privilege of hearing Professor Estlund speak twice before, and this will be a talk you do not want to miss...
LBA: All meetings at Lou Bar Ass'n CANCELLED for Wed. Jan. 28, 2009! Otherwise operating on same schedule as JCPS for rest of week.
Posted on January 27, 2009FROM LOUISVILLE BAR ASSOCIATION EMAIL:ALL MEETINGS CANCELED 01/27/09 ALL meetings for Wednesday, January 28, are canceled. Otherwise, the LBA will operate on the same schedule as Jefferson County Public Schools for the remainder of the week. We apologize for any inconvenience and will reschedule the meetings for a later date.
MEDICAL: "CDC: Ky. has highest smoking death rate" and other recent medical news from USA Today
Posted on January 26, 2009From USA Today Health: CDC: Ky. has highest smoking death rate Whooping cough vaccine urged for new moms The science of hand washing to ward off cold, flu bugs Studies: Surgeons could save lives, $20B by using checklist
SUITS: National fraternity and adviser dismissed from federal wrongful death law suit
Posted on January 24, 2009From Herald Leader's Kentucky.com:Judge dismisses fraternity, adviser in death suit A federal judge has dismissed a national fraternity from a wrongful death suit stemming from a fatal accident involving a state lawmaker's son that occurred after a party in southwestern Kentucky...
LBA's Annual Bench and Bar Dinner at Henry Clay
Posted on January 24, 2009Louisville's legal community joined with members of the local and state judiciary at the Louisville Bar Association's Annual Bench and Bar Dinner program and auction at the Henry Clay on Thursday, January 22.Guests were welcomed by the grandeur of one of Louisville?s most historic downtown buildings located at Third and Chestnut streets...
Weekly News Wrapup: Stories around the Bluegass from Jan. 17-24, 2008
Posted on January 24, 2009Recent law-related news stories from Courier Journal: Prosecutor charged with endangerment, fleeing Kungu Njuguna pleaded not guilty this morning in Jefferson District Court and was released on his own recognizance. He has a preliminary hearing on Feb...
Rhetoric: Two UofL Law Blog posts discuss uses of rhetoric in Inaugural Address
Posted on January 23, 2009Faculty Blogs: The Rhetoric of President Obama's Inauguration Speech Faculty Blogs: More about President Obama's Rhetoric Click here for google search of "rhetoric" with some useful sources. American Rhetoric: The Power of Oratory in the United StatesSite dedicated to Public Speeches and Speakers of all kinds and includes a Speech Bank, Movie Speeches, Audio Figures of Speech, The Top 100 American ...
BLOGS: Lexington whistleblower suit reported in On the Beat in the Bluegrass Blog
Posted on January 23, 2009From On the Beat in the Bluegrass is the following story about Whistleblower suit. Click on heading for entire story.Jail employee sues Fayette government By Steve Lannen on whistleblower By Steve Lannenslannen@herald-leader.comA Lexington-Fayette jail employee says she is being retaliated against because she brought concerns about a courts employee with a criminal record to the attention of police and prosecutors...
BLOGS: "City [LFUCG] sues insurer over Berry abuse case"
Posted on January 23, 2009From On the Beat in the Bluegrass Blog. Click on link for entire post:City sues insurer over Berry abuse case By H-L Justice Team on settlement By Brandon Ortiz - bortiz@herald-leader.comThe Urban County Government is suing a foreign insurance company for failing to pay five settlements arising from litigation over convicted child molester Ron Berry.
BLOGS: Defense attorney in fen-phen case ready for February trial
Posted on January 23, 2009Defense attorney in fen-phen case ready for February trial By H-L Justice Team on withdrawing motion By Brandon Ortiz - bortiz@herald-leader.comAfter months of pleading with a federal judge to reschedule the trial of two Lexington-area lawyers accused of cheating their clients out of millions of dollars, a defense lawyer now says he will be able to participate in the trial.
VIDEO: Streaming Videos of SCOKY arguments posted at Kentucky Court Report
Posted on January 20, 2009Can't promise if we can do it again, but we got lucky in December and obtained 3 of the videos of the Supreme Court of Kentucky's oral arguments. January was even better as we got all 8 oral arguments (with two small technical glitches).Even if we never post another video, there will be at least 11 samples of SCOKY arguments and appearances to offer you some mentoring and assistance in preparing for your appellate arguments...
"Sidebar: How Much Should Judges Make? " from New York Times
Posted on January 20, 2009Chief Justice Roberts has gone on record claiming the low salaries for federal judges is reaching a constitutional crisis. However, a law professor from North Carolina dares to disagree. The following New York Times story reports on two studies that found almost no evidence that taxpayers would be better off by paying judges more...
COA: Two trial judges rulings reversed today in internet gambling domain seizure case and in Lou/Metro personal usage fee for police cars
Posted on January 20, 2009Court of Appeals addressed two extraordinary writs on 1/20/2009 - the internet domain gambling seizure was not upheld and the trial judge's temporary restraining order prohibiting Louisville from increasing fees for personal usage of police vehicles was reversed as an abuse of discretion by the trial judge...
LAWREADER: Remarks on the applicability of the Fireman's Rule to police officers and Fayette Suit
Posted on January 19, 2009From Lawreader -Two Lexington Police officers have filed an unusual civil lawsuit. They have apparently overlooked the Kentucky ?Firemans rule? which applies to Police Officers
U of L law dean interviewing in Washington
Posted on January 12, 2009From today's Courier Journal is a short note that Dean Chen is interviewing for University of Washington Law dean. If he gets the nod, our loss will be their gain.The University of Louisville?s law school dean is one of four finalists vying to head the University of Washington?s School of Law...
SCOKY Args: Here are some "saved" arguments recently for streaming video watching
Posted on January 11, 2009We were able to obtain copies of some recent Supreme Court arguments. You will need Quicktime to view them. Let us know if you like this service. We can only convert those we receive. So if you have a case on disk or videotape, let us know. We can then convert it to streaming video on the web, and you can then link to your own argument from your own web site...
Jan 2009 SCOKY Args (Jan. 14, 15, 16) with Dates, Times, Counsel, Links to briefs and COA decision, AND LINK TO Supreme COURT LIVE for oral args
Posted on January 11, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and COA decision are below! WEDNESDAY, JANUARY 14, 2009 9:00 a...
Some legal news from around the state this past week
Posted on January 11, 2009Lawyer accused of impersonating police officerWhen an "officer" in a sport utility vehicle pulled Meagan Moore over for allegedly driving drunk one night the Ballard High School senior was mystified. The woman turned out not to be an officer at all, but instead a lawyer, Melissa G...
EXPERTS: Tip suggests asking the expert on his or her "role" in the litigation? Hopefully, rolling over for the person writing the check is not one of them
Posted on January 09, 2009Here is a deposition tip from Trial Practice Tips Blog for asking a "duh" question of a hired expert.A Useful Question to Ask at Expert Depositions By Evan Schaeffer Some lawyers routinely ask this question at expert depositions-- Q. "What is your understanding of your role in this litigation?" * * * Related post: "My Coverage of Expert Depositions in Deposition Checklists and Strategies...
JUDGES: Pay freezes, money, and the judiciary. Or, $170,000+ salaries of federal judges do not go as far as they used to
Posted on January 08, 2009The sad fact is that even though most judges, justices, jurists and government lawyers may work for love of the job, they must nonetheless think of bills, families, and retirement. We previously have written about Kentucky's twilighting senior status judges program with its "run for the retirement" and several career government lawyers (Cobb and Niemi) retiring to benefit from a more favorable pension program...
FEDERAL: "Retrospective: Ten Key Evidence Issues In 2008" from Supreme Court Watch
Posted on January 08, 2009Post on federal evidentiary issues may be of note to those practicing in federal court and those who wish to see what is on the horizon for possible changes to the state rules. Found at Supreme Court Watch. You will have to click on the title for the entire read...
TRIAL TECH: Should you consider going techie at trial?
Posted on January 07, 2009Here's a general story addressing the pros and cons of going tech at trial. Click on the link for more.Should You Employ Technology At Trial? By Blake Boyd on trial technology
LAWYERS: Judge Morris, Prosecutor Cobb, and Public Defender Niemi retiring; Stan Lee ousted as GOP whip
Posted on January 06, 2009The changes to the state's retirement system are encouraging experienced public servants take a leap. One judge, one prosecutor, and one public defender.First, Judge Morris is retiring and going for senior status at age 67.Jefferson Circuit Judge Geoffrey Morris retiringFair but tough Morris shifts to senior statusBy Andrew Wolfson ? awolfson@courier-journal...
TECH: "PDF Redaction Made Easy" or How to Cover that stuff up and hide it real good on PDF Documents
Posted on January 06, 2009Here is a techno tip for redacting stuff out of your PDF docs (eg., covering it up so noone can peel back the sticky note or put the document up to the light and see what was written/typed underneath it). Useful in redacting stuff for others, to include attorneys and jurors; not to mention covering up confidential information...
Questions raised about inquiry into PRP player's death (from Courier Journal)
Posted on December 31, 2008From the Courier Journal: Questions raised about inquiry into PRP player's deathBy Antoinette Konz and Jason Riley ? The Courier-Journal ? December 30, 2008The athletic director for Jefferson County Public Schools said he wasn't qualified to investigate the death of a Pleasure Ridge Park High School student who collapsed during football practice and later died, according to his deposition filed in Jefferson Circuit Court.
Chronological Summary of all the Major Benefits Legislation enacted since ERISA.
Posted on December 31, 2008For you ERISA-types out there, I found this post which links to a document in PDF that is a "Chronological Summary of all the Major Benefits Legislation enacted since ERISA."A Very Handy List from BenefitsblogA TAX, BENEFITS AND ERISA LAW COMMENTARY BY B...
More on the KVA VP Contest aka "How Exciting Can This Oldfather-Keane Thing Get? By jake on Mainstream Hoo boy. How exciting can this Ann Oldfather-Maggie Keane thing get?" from Page One Blog
Posted on December 30, 2008"Jake" from Page One Blog (same blogger who relentlessly pursued/developed the UofL Flener story) starts off a recent post with the following opening. Links to documents/letters etc. are included:How Exciting Can This Oldfather-Keane Thing Get? By jake on Mainstream Hoo boy...
NEWS: "Informant recalls fear of spying on Klan "
Posted on December 30, 2008From the Courier Journal:Informant recalls fear of spying on Klan Dave Hall recalls the spring night in 1999 when he was jolted from bed at the Kentucky headquarters of the Imperial Klans of America and found Imperial Wizard Ron Edwards looming over him -- a shotgun in one hand and a Bible in the other.
"The Unbreakable Child" to be released in 2009 - a story behind one of the Kentucky clergy lawsuits
Posted on December 30, 2008Although this law blog focuses on the legal world and the law, we should never forget that the law is integral to the social fabric of the communities we live in. I have reported on the news stories and the court cases surrounding the lawsuits in Louisville involving the Catholic Church...
FEDERAL: Heads up on change to FRE 502 (from Day on Torts Blog!)
Posted on December 29, 2008Summary of New FRE 502 from JOhn Day on Torts Blog Here is a summary of FRE 502 which came into effect on September 18, 2009. The rule - which addresses the attorney client privilege and work product doctrine - is intended to provide increased clarity in this confusing area of the law...
All ears, all the time, and all for you. Please share with us and others your news, your videos, etc.
Posted on December 28, 2008Just a reminder to all you lawyers out there that if you locate a bit of news or have something to add, then just email me.If you have a type-ready press release, then just send it to me. Announce your personnel changes, your awards, your verdicts, etc...
FEDERAL: "U.S. Case Against Holy See May Go Forward, Court Rules"
Posted on December 27, 2008From NCRegister.com is the following story about the Louisville lawsuit against the Holy See and deposing the Pope. Click on link for entire story:U.S. Case Against Holy See May Go Forward, Court RulesBY JEFF GARDNERREGISTER CORRESPONDENTDecember 21, 2008-January 3, 2009 Issue | Posted 12/12/08 at 8:03 AMLOUISVILLE, Ky...
MEDICAL: Medicare ratings of Nursing homes put Kentucky in the bottom half
Posted on December 27, 2008Medicare has issued its report/survey of the nation's nursing homes.One star ratings were the worst, and when it came to the percentage of one-stars per state, Kentucky was 33. However, Tennessee was 47, Indiana 45, West Virginia 40. Small consolation...
NEWS UPDATES: Budget hits legal aid; no dismissal of bid-rigging case, injunction granted and cops continue to take cars home, and . . .
Posted on December 27, 2008Some local law-related stories: State Budget Crisis Results in Steep Cuts to Legal Aid Programs ?While the demand for civil legal services for the poor is growing, funding dropsBy Stan at Lawreader Judge refuses to dismiss bid-rigging caseBy H-L Justice Team on Leonard Lawson Court upholds allowing small wineries to ship into Ky...
Page One Blog has two recent posts
Posted on December 26, 2008Page One Blog has two recent posts on legal issues. One on the University of Cumberlands court case and the other on the KBA VP Election.Here are the links/headlines: University of the Cumberlands Case Goes Supreme By jake on Wasted Money More on the Oldfather-Keane Situation By jake on FEAR!
INTERNET: Kentucky decision on internet gambling and domain seizures considered flawed in article found at Findlaw
Posted on December 26, 2008Kentucky courts may have global impact in its decision on internet gambling sites and the state's attempt to seize domain names. Here is a Findlaw article rather critical of the decision, and you can click on the heading for the entire story and analysis...
COURTS: Jefferson Circuit Court Judge denies request to hold church leaders in contempt
Posted on December 24, 2008From Jefferson Circuit Court - story in Courier Journal. Click on heading for entire story.Judge urges church cooperationContempt order against leaders deniedBy Peter Smith ? psmith@courier-journal.com ? December 19, 2008A Jefferson Circuit Court judge today declined a request to hold leaders of First Baptist Church in Jeffersontown in contempt of her order that they divulge church financial information to members, urging the parties to work out their differences...
COURTS: Judicial center in Frankfort may decide fate of Frankfort church landmark - Good Shepherd Catholic Church
Posted on December 24, 2008If the AOC has its way, the Good Shepherd Catholic Church may give way to courthouse expansion. Many of you may recognize this staple in the Frankfort skyline. "The church, with its distinctive steeple, has been a signature of Frankfort's modest skyline and a keystone building in the historic district near the Kentucky River...
Merry Christmas and a Happy, Healthy and Prosperous 2009
Posted on December 23, 2008This year is winding to a close, and Diane and I wish each and every one of you a Merry Christmas and a happy, healthy, and prosperous new year. Remember that when you give, you receive. Tomorrow is Christmas Day, and we will now turn down the lights here at this and our other blogs to spend time with our family and loved ones...
NEWS: "Sen. Bunning profits from his non-profit"
Posted on December 23, 2008From Bluegrass Politics Blog:Sen. Bunning profits from his non-profit By John Cheves on Charitable foundations U.S. Sen. Jim Bunning, R-Ky., set up a charitable foundation in 1996, the year he entered baseball's Hall of Fame. Every year since, he has been the fund's biggest recipient...
COURTS: State prosecutors considering furloughs to meet budget constraints
Posted on December 23, 2008Budget cuts taking toll in prosecutor's offices per CJ story; click on heading for entire story:Prosecutors could face furloughs3-week closings may stall systemBy Joseph Gerth ? jgerth@courier-journal.com ? December 18, 2008Commonwealth's attorney's offices around Kentucky, including Jefferson County's, would close for three weeks if Gov...
FEDERAL: More guesses at new local US Attorney
Posted on December 23, 2008More speculation regarding the "new" US Attorney locally. See, Mark Herbert Who Will The New U.S. Attorney Be?
KBA: "Bar association candidate accused of ethics violation - Keane is seeking state bar office" story by Andrew Wolfson in Courier Journal
Posted on December 22, 2008Andrew Wolfson with the Courier Journal has written a story concerning the pending election for Vice President of the Kentucky Bar Association involving candidate Margaret "Maggie" Keane. Click on the heading for access to the entire story and comments...
Peabody Energy formally ends Thoroughbred plant effort
Posted on December 22, 2008From Courier Journal. Click on title for entire post:Peabody Energy formally ends Thoroughbred plant effortBy James Bruggers ? jbruggers@courier-journal.com ? December 17, 2008Peabody Energy has ended its quest to build its long-litigated Thoroughbred power plant that had been planned for Muhlenberg County...
READ KENTUCKY: Louisville Attorney and State Rep Scott Brinkman
Posted on December 21, 2008I liked some of these photos of Kentucky politico's and their reading efforts as portrayed at the state's web site.First into the chute is local lawyer and legislator Scott Brinkman.
BLOGGER Ben Carter passing the reins running BlueGrassRoots Blog as he steps up his law practice at Legal Aid!
Posted on December 21, 2008BlueGrassRoots.org blogger and lawyer Ben Carter is passing the reins of running that blog to others. Ben began writing at the blog when he was a student at the University of Kentucky. I met Ben a few years back when both of us attended (and matriculated!) from a one-week course by the AOC training us to be mediators! Ben is now married and practicing law here in Louisville with the Legal Aid Society...
JUDGES: "Jefferson County will soon lack any black judges - Activists push for new appointments"
Posted on December 21, 2008This story in the Courier Journal regarding 7 upcoming judicial vacancies in Jefferson County with 2 in circuit court and 5 in district court (just after an election to replace 2 district court judges and 2 circuit court judge vacancies).In just 12 hours, this story by Jason Riley has garnered 37 comments at the web site addressing a multitude of issues...
COURTS: Kentucky Embracing E-Warrants
Posted on December 21, 2008From WLKY is a story on e-warrants in Kentucky:Kentucky Embracing E-WarrantsBy Andy Alcock/WLKYFRANKFORT, Ky. -- There's a plan to use the Internet to revolutionize law enforcement in Kentucky. An electronic system for filing criminal warrants is already in place in Metro Louisville and four other Kentucky counties, and Gov...
Minutes for Kentucky Court of Appeals for Dec. 19, 2008 (COA 2008:62)
Posted on December 21, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 23 rendered decisions - Numbered 1376-1398 with 4 published decisions 1379 criminal 1385 mediation 1391 open records 1392 family law, juveniles
Minutes for Kentucky Supreme Court for December, 2008 (2008:61)
Posted on December 21, 2008Minutes for Kentucky Supreme Court for December, 2008 (2008:61 Click here for minutes at AOC with links to full text of each decision 10 rendered decisions: 258-267 8 published 4 disciplinary matters 3 grants of discretionary review 3 rehearing petitions denied with none granted Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review...
JUDGES: Jefferson County will soon lack any black judges - Activists push for new appointments
Posted on December 21, 2008This story in the Courier Journal regarding 7 upcoming judicial vacancies in Jefferson County with 2 in circuit court and 5 in district court (just after an election to replace 2 district court judges and 2 circuit court judge vacancies).In just 12 hours, this story by Jason Riley has garnered 37 comments at the web site addressing a multitude of issues...
Happy Birthday Legal Aid - A week late, and maybe a few dollars short. So please give $$ and help.
Posted on December 20, 2008Happy Birthday Legal Aid! Here's an op-ed piece from the Courier-Journal written by Kevin Hable. Yes, their birthday was Dec. 15, and it's no spring chicken. But 87 years and going strong. Read this piece, and look inside to see if you can throw a few bucks their way...
SCHOOLS" Pair launches campaign to encourage youths to pull up pants"
Posted on December 18, 2008From Courier Journal is story about:Pair launches campaign to encourage youths to pull up pantsLouisville Courier-Journal - Louisville,KY,USAIn Louisville, the Jefferson County Public School system's dress code bans sagging pants, as do some private businesses
SCHOOLS Pair launches campaign to encourage youths to pull up pants
Posted on December 18, 2008From Courier Journal is story about:Pair launches campaign to encourage youths to pull up pantsLouisville Courier-Journal - Louisville,KY,USAIn Louisville, the Jefferson County Public School system's dress code bans sagging pants, as do some private businesses
COURTS: "Sentencing Delayed in DUI Case" of local insuance agency owner Robert Clarkson
Posted on December 17, 2008From WLKY with video at their site:Sentencing Delayed In DUI CaseBy Hailee Lampert/WLKYLOUISVILLE, Ky. -- The owner of a local insurance agency has pleaded guilty and was supposed to be sentenced Friday in a drunken driving case but now, he'll have to wait another month to learn his fate...
HORSES: Curlin appraised at $20 million; makes N.Dak. News
Posted on December 17, 2008Kentucky's Curlin spinning stories elsewhere:Appraiser values Curlin at $20 millionAG Week - Grand Forks,ND,USACircuit judge Roger Crittenden is trying to sort out whether their share of the horse should be sold back to Jackson, who owns the other 80 percent.
TRUANCE: E-town Editorial on Truancy and Family Court Judge's efforts to curb it
Posted on December 17, 2008Here's an op-ed piece from the News Enterprise:TOPIC: Curbing truancy From News Enterprise OUR VIEW: Helping parents, students connect to issue Missing several days of school and several class assignments that may never get made up can have a huge impact on a student?s academic performance...
APPEALS: Appeal in Kentucky Internet Gambling to be Heard Friday
Posted on December 17, 2008From PocketFive.com:Appeal in Kentucky Internet Gambling to be Heard FridayPocketFives.com - USA
CRIMINAL NEWS: Marine charged with rape to be tried in court, but discharged from Marines
Posted on December 17, 2008From Courier Journal. Marine's military discharge does not stop the civilian charges against him from going forward.Marine in rape case discharged from serviceThe Courier-Journal ? December 16, 2008A Marine recruiter who has been charged with two counts of third-degree rape in a case involving a 15-year-old Valley High School student was discharged from the Marine Corps late yesterday, according to a press release from the corps...
LOUISVILLE: Firefighters in court looking for more money - liquidated damages on top of $17 million
Posted on December 17, 2008From Firehouse.com:Louisville Firefighters Want More Than $17MPosted: 12-11-2008Updated: 12-15-2008 01:56:21 PMSTEVE BURGINStory by wlky.comLOUISVILLE, Ky. --It may cost Metro Government millions more than expected to settle a long-running overtime pay dispute with Louisville firefighters...
COURTS: Sentencing Delayed in DUI Case of local insuance agency owner Robert Clarkson
Posted on December 17, 2008From WLKY with video at their site:Sentencing Delayed In DUI CaseBy Hailee Lampert/WLKYLOUISVILLE, Ky. -- The owner of a local insurance agency has pleaded guilty and was supposed to be sentenced Friday in a drunken driving case but now, he'll have to wait another month to learn his fate...
KBA: Kentucky Bar Association Board of Governors announces conclusion of its inquiry into the removal of members from the Ethics Committee
Posted on December 16, 2008FRANKFORT, KY- In August 2008, the Kentucky Bar Association (KBA) Board of Governors became aware that President Barbara Bonar had removed several volunteers on the Ethics Committee fi'om their positions before the expiration of their appointed tenus...
KBA: Election Ballots for Vice President in the Mail - Please mail them in!
Posted on December 16, 2008I have been asked by others about the upcoming election for Vice President of the Kentucky Bar Association and how I was voting. To save time and emails, I will share with you that I am voting for Scott Madden. In any event, please vote. If you do not know either candidate, then ask someone whom you trust to give you a good recommendation...
CRIMINAL: Two Eastern Ky therapists sentenced for defrauding Medicaid
Posted on December 16, 2008I just came across this blog out of Lexington - On the Beat in the Bluegrass:2 Eastern Ky. therapists sentencedBy H-L Justice Team on UncategorizedHerald-Leader Staff ReportTwo Eastern Kentucky therapists accused of defrauding the state?s Medicaid program have accepted a plea agreement...
CRIMINAL: Judge Sets Hearing in bid tampering case
Posted on December 16, 2008From Herald Leaders Pol Watcher's blog: Judge sets hearing in bid tampering case By jstamper@herald-leader.com (Pol Watchers) on State Government
CIVIL SUITS: Investor sues failed Suzanne Somers' meal-prep business IN FAYETTE Circuit Court
Posted on December 16, 2008Herald Leader story: Investor sues failed Suzanne Somers' meal-prep businessBy Scott Sloan - ssloan@herald-leader.comA Louisville investor in Suzanne Somers' failed do-it-yourself meal prep business has sued the actress and the company's leader, John Y...
JUDGES: Financial reports show that Katie King raised $296,550 in her recent election with $194,000 of her own money
Posted on December 13, 2008Andrew Wolfson has a post-election story on the election finances and concerns over the sources of funds for Judge Katie King's recent election which unseated Judge David Holton who had been appointed by Gov. Beshear. Click on heading for his entire story...
NEWS: Louisville attorney William Ayers acquitted of charges of illegal bail bondsman
Posted on December 13, 2008Here are some of the recent news stories regarding the criminal trial of attorney William Ayers who was acquitted after a 3-day trial in Jefferson Circuit Court. Stories are by Andrew Wolfson of the Courier Journal: Attorney accused of posting bondsEx-clients: He's known among jail inmatesToday, Louisville defense attorney William O...
LAW FIRMS: Local law firms merging with Indiana firms
Posted on December 10, 2008It's the time of year for Thanksgiving and turkeys; and it looks like some Louisville law firms are gobbling up some Indiana law firms:From Business First are the following stories:First, Cincinnati-based law firm Frost Brown Todd LLC is expanding its presence in Indiana early next year with a deal to acquire Locke Reynolds LLP of Indianapolis...
FEDERAL COURTS: "The Politics of the Federal Bench GOP-Appointed Majorities Winning Ideological Battles at Appellate Level"
Posted on December 10, 2008Washington Post story by R. Jeffrey Smith addresses the political impact of George Bush on the federal courts, to include our own 6th Circuit Court of Appeals. Although there is a hue and cry at the Supreme level, let us not forget that the daily business of the bench happens closer to home in the district and circuit courts, and all those young former prosecutors who have close ties to a particular party or senator will be with you/us for a long, very long time since they get life-time tenure and can only be removed for high crimes and misdemeanors...
FEDERAL: Judge Russell New Chief Judge for Western District
Posted on December 09, 2008Judge Thomas Russell, of Paducah, will succeed Judge John G. Heyburn II as chief judge of the U.S. District Court for the Western District of Kentucky.
Humor: "Farmer minced no words in his claim for pay for injured bull"
Posted on December 09, 2008The best way not to forget someone is to keep telling stories about them. Here's one of Byron Crawford's with a legal underpinning: Today's column is dedicated to the many of you who have written to me since December 1981 -- and are still writing -- requesting an encore of my "Dere Mr...
COURT CASES: "Atheist group sues state Homeland Security department "
Posted on December 09, 2008From Bluegrass Politics:Atheist group sues state Homeland Security department By John Stamper on State Government An atheists-rights group is suing the Kentucky Office of Homeland Security because state law requires the agency to stress ?dependence on Almighty God as being vital to the security of the Commonwealth...
COURTS: " Former priest back in court for plea deal violation "
Posted on December 08, 2008From Wave3:Former priest back in court for plea deal violationSHEPHERDSVILLE, KY (WAVE) - A former catholic priest on probation for sex abuse charges from the 1980's faced prison time in a Bullitt County courtroom Wednesday.The Kentucky Supreme Court overturned Daniel Clark's conviction for testimony errors, but Clark pleaded guilty before the second trial...
JUDGES: "Judge C.A. Woodall attends 2008 Circuit Judges College"
Posted on December 08, 2008From the Cadiz Record:Judge C.A. Woodall attends 2008 Circuit Judges CollegeSpecial to TCRTuesday, December 02, 2008Circuit Judge C.A. Woodall, who serves Caldwell, Livingston, Lyon and Trigg counties, participated in the 2008 Circuit Judges College held Oct...
GOV'T: Budget cuts, Jefferson County and effects on county attorney and circuit clerk addressed in recent CJ story
Posted on December 08, 2008From Courier Journal: Jefferson officials waiting for effects of budget cuts Some preparing for funding reductions Most elected Jefferson County officials are waiting to hear how the metro government and state budget cuts will affect their offices.* * * County attorney -- At this point, the office doesn't anticipate any major cuts in personnel or in the public services they provide, "but that could change," said Bill Patteson, spokesman for Jefferson County Attorney Mike O'Connell...
BLUEGRASS POLITICS: "Prosecutors: Budget cuts will bring furloughs"
Posted on December 08, 2008Prosecutors: Budget cuts will bring furloughs By John Stamper on State Government State and county prosecutors are asking Gov. Steve Beshear to exempt them from a four percent budget cut that?s being contemplated to cope with a projected $456 million state budget shortfall...
COA Arguments for Dec. 17, 2008 at Shepherdsville will include looking at constitutionality of Louisville's smoking ordinance
Posted on December 08, 2008FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Wednesday, Dec. 17, in Shepherdsville, including a case appealing a Jefferson County Circuit Court ruling that declared the Louisville Metro smoking ordinance unconstitutional...
Kentucky Court Report - Recent Posts of Note
Posted on December 07, 2008Here are some recent posts of note from the Kentucky Court Report: Minutes for Kentucky Court of Appeals for Dec. 5, 2008 (COA 2008:59) SC Argument Calendar for Dec 2008 with Dates, Times, Briefs, COA Decisions COURT ORDERS GRANTING PETITION FOR REHEARING ? NOVEMBER 26, 2008 Discretionary Review Motions Granted by SC for Nov...
SCOKY: WKYT News First Video and story on SC Argument over Lexington Pension Fund
Posted on December 03, 2008Here is WKYT video clip and story on:Arguments Over Pension Could Mean Lexington Layoffs Police and Firefighters say it's owed $246 million for the pension plan, the city argues but says now is not the time to take a big chunk all at once. And the issue is being heard by the Kentucky Supreme Court...
SCOKY: SC rules in CIMA Whistleblower Case
Posted on December 02, 2008From the Logan News Democrat Leader. Click here for full text of decision. Click on heading for the entire post (if still available on line):Ky. Supreme Court rules on CIMA caseBY OJ Stapleton-Editor edit_ndl@bellsouth.netPublished: Tuesday, December 2, 2008 3:24 PM CST The Kentucky Supreme Court issued an opinion on Wednesday of last week stemming from the lawsuit of Tommy Allen against the Consolidated Infrastructure Management Authority, Inc...
FEDERAL: Federal District Judge Awards ACLU Lawyers $44,208 in attorneys fees for prevailing in Ten Commandments Case
Posted on December 02, 2008Here is the AP story at the Herald Leader reporting on the $44,000+ award of attorneys fees in the Ten Commandments Case. Click on: Download https___ecf.kywd.uscourts.gov_cgi-bin_show_temp.pl_file=27472-1042153-0--headed_LM.pdf for the actual court order...
FEDERAL: Holy See Can be Sued in Priest Sex Abuse Case
Posted on November 28, 2008Sixth Circuit rules suit against Vatican by three Kentuckians alleging priest sexual abuse and a church coverup can continue. The case, O'Bryan v. Holy See, was published and can be found at 08a0417p.06. As this battle continues in the courts as the suit against a sovereign stately power continues, I am reminded of my history when the courts were not the only battlefield involving papal and civil issues but rather the very souls of the combatants were threatened as Henry VIII was excommunicated for his challenges in the civil area...
NEWS: MSD to pay fine, fix or remove plant
Posted on November 26, 2008Interesting story on how unchecked growth in Eastern Jefferson County has exceeded the system's capability to handle the waste results in a fine to MSD that we all pay; but does the businesses, large office buildings or other added structures which have added to the waste water and drainage issues have to pick up the tab based upon the fact they created the problem? No...
Judicial budget shortfall or "buddy, can you spare a dime.... or $37.8 million worth of dimes?
Posted on November 25, 2008Senator Everett McKinley Dirksen has been inaccurately credited with the saying "A billion here, a billion there, and pretty soon you're talking real money"? However, it is nonetheless a truism, just as it is easier to save a penny than earn a penny. With that lead-in, I move to stories regarding the budget crunches and shortfalls...
BAR: State bar president gets 15 days to respond to report
Posted on November 25, 2008From the Courier Journal is another story about the alleged "confidential" inquiry. Again, if it is confidential, then why so much talk before it's final?State bar president gets 15 days to respond to report By Andrew Wolfson ? awolfson@courier-journal...
FAMILY LAW: Hardin County Attorney Has Full Time Family Court Prosecutor
Posted on November 25, 2008From the Elizabethtown News-Enterprise is a story on:Family court-dedicated prosecutor part of renewed family services By BOB WHITE bwhite@thenewsenterprise.com ELIZABETHTOWN ? With a second Hardin County Family Court bench headed into a second year, and following more than a year of disturbing reports about local social services, the Hardin County Attorney?s office in mid-July employed its first full-time prosecutor for domestic violence, parental rights, custody and juvenile cases...
SETTLEMENTS: Kentucky Kingdom Suit Settled
Posted on November 24, 2008Kentucky Kingdom Suit settled, amount confidential, but lifetime medicals covered.Six Flags settles with Lasitter familyBy Andrew Wolfson ? awolfson@courier-journal.com ? November 22, 2008 Nearly 1 ˝ years after Kaitlyn Lasitter's feet were severed on a ride at Six Flags Kentucky Kingdom, the amusement park has reached a confidential out-of-court settlement with the teenager's family, who had sued the park for negligence...
SCOKY: Justice Cunningham speaks at Graves Counth HS
Posted on November 24, 2008From the Murray State News; click here for entire story.Bill Cunningham, a Kentucky Supreme Court Justice, spoke at Graves County High School Nov. 13, as a part of the University's Regional Stewardship Initiative. The history department sponsored the presentation, and Cunningham addressed the topic "Standing for Justice: The Supreme Court in Kentucky...
LOCAL: JCPLL's Great Escape Luncheon offers a Great Escape Package too!
Posted on November 24, 2008More on the Sixth Annual Jefferson County Public Law Library Great Escape Luncheon and Silent Auction to be held on Dec. 5. See our earlier post - LOCAL: Jefferson County Law Library Annual Silent Auction to be held Dec. 5, 2008 - RSVP
LAWYERS: Ned Pillersdorf and how "I spent 30 hours listening to lawyers, arguing about boundaries and helping in the election of a new president"
Posted on November 24, 2008I received the following story about Ned Pillersdorf, an attorney from Prestonsburg, who showed his commitment to fair and free elections as he traveled to Ohio to serve as a "Counselor for Change."Here is the story from the Daily Yonder. I have extracted part of the story Ned Pillersdorf wrote sharing his experience on this road trip for change...
CIVIL TRIALS: Klan ordered to pay $2.5 million in civil trial
Posted on November 23, 2008The lawyers from the Southern Poverty Law Center presented a theory of liability against the Klan organization claiming it "recklessly bred an atmosphere of hate at the hands of the Klansmen, even though he didn't order it." Here is the Courier Journal story...
Minutes for Kentucky Court of Appeals for Nov. 21, 2008
Posted on November 22, 2008Click here for PDF copy of Court of Appeals Minutes posted at AOC with links to each published and non-published decision this week (Nov. 21, 2008)
FINDLAW: Seals v. General Motors Corp. and Vance v. Wade
Posted on November 22, 2008From Findlaw is an email update on Sixth Circuit decisions:U.S. 6th Circuit Court of Appeals, November 17, 2008Seals v. General Motors Corp., No. 074415In an intentional tort claim action against defendant-employer General Motors for injuries suffered at defendant's metal stamping plant, grant of summary judgment in favor of defendant is affirmed where the release form signed by plaintiff-employee barred plaintiff's claim as a matter of law...
LBA CLE: Love of the Law and the Law of Love Thursday, December 4 @ 4 p.m.
Posted on November 22, 2008Join us [Louisville Bar Ass'n] as we welcome local attorneys and civic leaders to the Bar Center for "Love of the Law and the Law of Love," a program of enlightenment and sharing of personal epiphanies and powerful stories. Our guest speakers for the event include: Donald H...
JUDGES: Judge Judith Bartholomew receives annual Sunrise Award for her help in creating a special "mental health" court
Posted on November 21, 2008Judge Judith Bartholomew receives mental health agency's award for her "mental health" court. Kudos for Judge Bartholomew for a. receiving the award; and b. taking the time and effort to think outside the box and provide the public a needed service while in the public service...
BAR: "Confidential" inquiry into Bar President
Posted on November 21, 2008What is there about the word "confidential" that I don't get when I read the following story about an ethics inquiry involving current KBA President Barbara Bonar?Confidential (from dictionary.com): " spoken, written, acted on, etc., in strict privacy or secrecy; secret: a confidential remark"...
JUDGES: Judge Chris Olds Investitute on Nov. 24, 2008 at Franklin County District Court - Public invited (lawyers too!)
Posted on November 19, 2008The public is invited to attend the formal investiture of Chris Olds, who was elected November 4th, 2008 to the Franklin County District Court. Judge Chris Olds represents Franklin County Chief Franklin County Circuit Court Judge Reed Rhorer will preside over the investiture ceremony...
LOCAL: Jefferson County Law Library Annual Silent Auction to be held Dec. 5, 2008 - RSVP
Posted on November 19, 2008The Jefferson County Public Law Library is having its Sixth Annual Great Escape Luncheon and Silent Auction to support the library which supports the Louisville legal community. We have the best county law library in the state, bar none. And much of the credit goes to Linda Robbins and her excellent staff of Sherryl Borders and Amy Hilliard who have worked hard over the past years during some incredibly lean times to provide local lawyers with the legal research materials critical to an active practice...
FEDERAL: Transition: Considering Kentucky?s U.S. Attorneys
Posted on November 18, 2008For commentary and analysis on anticipated changes in the US Attorneys Offices in Kentucky, here is Trey Pollard, PolitickerKY.com Reporter report. Click on headline for entire story on David Huber and James Zerhusen future job prospects with new administration:Transition: Considering Kentucky?s U...
ABA Survey and Current State of the Economy
Posted on November 18, 2008The ABA Journal is surveying lawyers about the job market and the current state of the economy. If you're a lawyer click here to fill out a quick online survey.
TRIALS: Judge Tom McDonald Awards Attorneys Fees of $2.4 million
Posted on November 17, 2008Here is a link to the order and the article on Judge Tom McDonald's order in Ogburn v. McDonald's (Strip Search Hoax) which awarded the $2.4 million in attorneys fees among the various lawyers for the plaintiffs. We have a link to the actual order and to the article by Andrew Wolfson in the Courier Journal...
DIET DRUG TRIAL: Fen Phen Trial Continued to Feb. 2009
Posted on November 17, 2008Diet drug trial of Cunningham and Gallion continued to February per story at wcpo.com - Second Fen-Phen Trial Continued.
AOC: Chief Justice to speak to Interim Joint Judiciary Committee on Tuesday at the Capitol
Posted on November 17, 2008FRANKFORT, Ky. -- Chief Justice of Kentucky John D. Minton Jr. will discuss the state of the judiciary when he speaks before the Interim Joint Committee on the Judiciary on Tuesday, Nov. 18. The committee will meet at 10 a.m. in room 171 of the Capitol Annex in Frankfort.
TECH: To Blawg or Not; Interesting Question
Posted on November 17, 2008A recent comic strip in "Pearls Before Swine" by Steve Pastis, made me rethink the "blog/blawging" issue. If you are thinking of blogging for law, then you might rethink your reasons. Fun? Have at it. It's all about you and keep it enjoyable. Regular postings? Essential for committed readership and feedback...
Local lawyer quoted for story on Child abduction out of Michigan
Posted on November 16, 2008Detroit newspaper reporting on a Michigan child abduction speaks with Diana Skaggs for comment an analysis. Dad, abducted son reuniteBoy, 6, allegedly taken by mom, settles in at homeCharles E. Ramirez / The Detroit News EASTPOINTE -- Jeffrey Edwards feels like he's lived through a nightmare...
Calvin and Hobbes on "The purpose of legal writing"
Posted on November 14, 2008Here is a must-see post taking a look at the purpose of legal writing. More precisely a look from the inside outside of legal writing from the view of a child and his imaginary friend. Just because the commentary comes from uncomely commentators does not render their content of their critique any less cogent...
ELSEWHERE: Indiana Judge Throws Lawyer and Client Over "salacious and defamatory" affidavit supporting recusal
Posted on November 14, 2008Interesting issue raised in Indiana court proceeding where counsel files an affidavit with reasons why the judge should be recused in a criminal matter. Per the Indiana Law Blog posts - The attorney held in contempt had "filed an affidavit alleging criminal misconduct by the judge, including patronizing a prostitute and possession of marijuana...
JUDICIAL ELECTIONS: A little after the election flavor of what it was like on the campaign trail
Posted on November 12, 2008This is an old pre-election piece from Angie Fenton at the Courier-Journal, but it gives you a taste of what judicial campaigning and pressing the flesh entails. Is it all work, all play, or little bit of both on the campaign trail? You decide.Power party DJ Reggie Regg kept the dance floor hopping Saturday night at the Yearlings Club's 11th Annual Black College Alumni Dance at the Horseshoe Casino in Elizabeth, Ind...
LOUISVILLE LIBRARY PRESENTS: "Louisville in the Great War" - Get a local perspective on Veterans Day & WW I
Posted on November 12, 2008LAW SCHOOLS: Chase College of Law hosts the 2008-2009 Arbitration Competition Kentucky Regional
Posted on November 12, 2008This weekend Northern Kentucky University Salmon P. Chase College of Law hosts the 2008-2009 Arbitration Competition Kentucky Regional (one of four regionals). Two teams from the school are also competing in the competition, as well as one student team from Louis D...
BAR NEWS: ADULT & YOUTH MEDIATORS CELEBRATE MEDIATION (lba)
Posted on November 12, 2008From the LBA: ADULT & YOUTH MEDIATORS CELEBRATE MEDIATION LOUISVILLE?As the number of juvenile delinquency and violence cases involving our cities young people continues to grow, the Louisville Bar Association (LBA) is doing its part by helping to educate our youth by teaming up with JCPS and other local organizations to host the inaugural program A Meeting of the Minds on Tuesday, November 18...
FRANKLIN: Good Shepherd Property favored for new $30 million Franklin County Judicial Center
Posted on November 11, 2008From the State Journal (click on heading for entire story)Good Shepherd favored siteBY CHARLIE PEARLOctober 28, 2008The Good Shepherd property on St. Clair and Wapping streets - excluding the historic church building " is now the top-priority site for the new $30 million Franklin County Judicial Center...
DEATH ROW: "Judge: Death Row inmate probably is competent"
Posted on November 10, 2008From Herald Leader:Judge: Death Row inmate probably is competentBy Brett Barrouquere - Associated Press FRANKFORT ? A Kentucky Death Row inmate who is pushing to be swiftly executed most likely will be found competent to fire the public defenders who have been fighting his death sentence, a judge and attorneys said at a hearing Friday...
LAWYERS: Former Humana Lawyer was not properly licensed for 15 years receives one-year sanction from Ky. Sup. Ct.
Posted on November 10, 2008From Courier Journal (click on heading for entire post). Interesting thought in this era of corporate responsibility and duties owed to shareholders and the public - would some consider a person claiming to be an attorney who was not an attorney was entitled to his compensation and benefits during that time period and should the corporation take action to protect their shareholders for this "mistake"? Putative attorney Chris Watkins several years ago came under significant scrutiny and criminal charges when he practiced law without a license...
US Sixth Circuit Advance Sheets - Weeks of Nov. 3-7 and Oct. 27-31, 2008 Available at Sixth Circuit CAses.
Posted on November 10, 2008Advance sheets for decisions for 6th Circuit Posted: Nov. 3-7, 2008: US 6th Circuit Court of Appeals Decisions Oct. 27-31, 2008: US 6th Circuit Court of Appeals Decisions
JEFFERSON: Judge Rules County Can't Withdraw Plea Bargain in Clarkson case
Posted on November 09, 2008From Courier Journal (click on heading for entire story):Judge says plea bargain must standAttorney sought harsher terms By Andrew Wolfson ? awolfson@courier-journal.com ? November 8, 2008 Insurance executive Robert "Bobby" Clarkson, who seriously injured a motorcyclist while driving drunk in June, will get to keep a plea bargain that Jefferson County Attorney Mike O'Connell says is "ridiculously lenient...
JUDICIAL ELECTIONS: Jefferson County District & Circuit Court Races - King, Cunningham, Bowles, and Smith prevail
Posted on November 09, 2008From Courier-Journal:Jefferson county district and circuit courtsKing ousts Holton in tight district court raceBy Jason Riley ? jriley@courier-journal.com ? November 5, 2008 In what was arguably one of the most anticipated -- and expensive -- races for a local judicial seat in recent memory, Katie King, a 29-year-old assistant county attorney, narrowly defeated Judge David Holton for the 16th division seat on Jefferson District Court...
CRIMINAL NEWS: "Attorneys urge court to halt Nov. 21 execution"
Posted on November 09, 2008From Courier Journal (click on heading for entire story):Attorneys urge court to halt Nov. 21 execution Associated Press ? October 28, 2008 FRANKFORT, Ky. -- A confessed child killer who asked to be put to death should not be executed because he may be incompetent, defense attorneys argued yesterday in a motion before the Kentucky Supreme Court...
JUDICIAL ELECTIONS: "Abramson defeats Shake to keep seat"
Posted on November 09, 2008From Courier Journal (click on heading for entire story): Abramson defeats Shake to keep seatShe will serve rest of McAnulty's term By Andrew Wolfson ? awolfson@courier-journal.com ? November 5, 2008 In a battle of two candidates considered highly qualified, Kentucky Supreme Court Justice Lisabeth Hughes Abramson yesterday defeated Chief Jefferson Circuit Judge Jim Shake to retain her seat on the court...
NEWS: Ky Supreme Court Justice Scott's Son Resigns AOC Post Pending a Felony Drug Charge in Virginia
Posted on November 09, 2008Brandon Ortiz has posted the following story at the Herald Leader; and Beth Musgrave also contributed to this story. Justice's son resigns AOC postPromotion came as felony charge was pendingBy Brandon Ortiz - bortiz@herald-leader.com The oldest son of state Supreme Court Justice Will T...
CRIMINAL LAW NEWS: "Panel to propose changes in criminal law"
Posted on November 09, 2008From PolWAtcher's Blog (and supplied to us by a reader!):Panel to propose changes in criminal law Meeting in small groups since March, the Kentucky Criminal Justice Council has been debating ways to reduce the state's swollen inmate population in prisons and local jails without endangering public safety...
CLE: Here are some CLE's this week and beyond at the LBA
Posted on November 09, 2008LBA CLE this week and beyond. Click HERE for the calendar with links to the programs.CLE SEMINARS THIS WEEK Wednesday, November 12How Will KASPER Change Thursday, November 13International Law FUTURE CLE SEMINARSLBA CLE Calendar Tuesday, November 18Parenthood in New Millennium Wednesday, November 19History as a Guide: Developing a Law Practice Thursday, November 20Inside the Courthouse Friday, November 21Mediation of Employment LawFriday, December 5Litigating to Win
JUDICIAL ELECTIONS: Results of contested Jefferson County judicial races
Posted on November 04, 2008It's not official, but WLKY and the SOS site point to the following winners in the contested races today: Supreme Court - Lisabeth Hughes AbramsonCircuit Court - Charlie CunninghamDistrict Court - Ann Bailey Smith, David Bowles and Katie King The uncontested races were Judge Denise Clayton for Court of Appeals and Judge Irv Maze for Circuit Court...
Election Eve Ruminations - Thanks to those who were in the arena, and congratulations to those who prevailed at the ballot box
Posted on November 03, 2008Nearly a year's worth of campaigning is about to end with the election on Tuesday. At this time, I take a moment to reflect and ruminate and share with you how momentous this occasion is; and thanking those who strived and congratulating and challenging those who prevailed...
Louisville native is chief federal court judge in Colorado
Posted on November 03, 2008Louisville native is chief federal court judge in Colorado FROM COURIER JOURNAL Wiley Daniel, a 1964 graduate of Male High School who grew up across from Chickasaw Park, has been named the first black chief federal court judge in Colorado.
CIVIL SUITS: Jury in 'lost' warrant case sides with city
Posted on November 03, 2008Jury in 'lost' warrant case sides with city FROM COURIER JOURNAL A federal court jury decided unanimously today for the city of Louisville in a lawsuit alleging that city police officers failed in their duty to protect a domestic abuse victim who was murdered in 2000.
JUDICIAL ELECTIONS: Video of Candidate Judge Jim Shake for Kentucky Supreme Court Justice
Posted on November 02, 2008In this continuing series on the new media in judicial campaigns, I am offering an example of a candidate meeting with a group talking to them about his qualifications to serve. In this example, Chief Judge of the Jefferson Circuit Court James "Jim" Shake is a candidate for Kentucky Supreme Court Justice from Jefferson County...
JUDICIAL ELECTIONS: Video of Candidate Doug Kemper for Jefferson Circuit Court Judge
Posted on November 02, 2008I thought it might be a good idea to post another video found on YouTube to highlight the differences in how candidates are using this media. Doug Kemper has several "television type" or 30 second videos posted at YouTube, he also has a much longer video where he talks straight to the voters about his background and who he is...
ELECTIONS: Attorney General Conway Reminds Kentuckians About Election Fraud Complaint Hotline
Posted on November 02, 2008Attorney General Conway Reminds Kentuckians About Election Fraud Complaint HotlineKentucky Attorney General Jack Conway is reminding citizens that his office will once again operate the Election Fraud Hotline on Election Day, November 4. ?Investigators from my office will be patrolling precincts and polling places throughout the Commonwealth, but we need citizens to join with us to ensure that all Kentuckians have a chance to make their vote count on election day,? General Conway said...
November Argument Calendars (Nov. 2008)
Posted on November 02, 2008November 2008 Supreme Court Argument Calendar COA Argument Calendar for November 2008
News: Accused bigamist sentenced for bank fraud
Posted on November 02, 2008Accused bigamist sentenced for bank fraud Over the tearful objections of one of his former wives and another witness, who asked for a harsher penalty, accused bigamist George W. Dumstorf Jr. was sentenced today to 27 months in prison for providing counterfeit certificates of deposit.
AOC: Court records retention committee headed by COA Judge Tom Wine of Louisville meeting on Nov. 6 @ 9:30 am to review records retention policy
Posted on November 01, 2008The following press release was received and is shared with all. However, I have a simple suggestion for records retention. Ask google (tm) how they are able to keep and preserve the amount of records they do; one plane ticket for one computer person and one legal person to California and the Google office should answer all the questions you would have...
JUDICIAL ELECTIONS: Campaign fund raising noted in story by Joe Arnold
Posted on November 01, 2008From Joe Arnold's political blog at WHAS11: Shake, King Big Fundraisers In Judicial Races 8:16 PM Wed, Oct 29, 2008 | Permalink http://www.whas11.com/bios/jarnold.js Jefferson Circuit Judge Jim Shake is now outraising Lisabeth Abramson in their Supreme Court race...
JUDICIAL ELECTIONS: YouTube Used for Candidate's Messages - Chris Olds for Franklin District Court
Posted on November 01, 2008Television is not the only way for a judicial candidate to get his or her message out to the people. YouTube videos offer an excellent means for providing voters with short video and sound of the candidates. For example, here is a video of Chris Olds who is a candidate in Franklin County for District Judge:
TORT REPORT (53): Tort decisions of COA from Oct. 31, 2008
Posted on November 01, 2008On Oct 31, 2008, the Kentucky COA issued the following tort and insurance law decisions. You will have to click on the minutes, scroll to the decision and click on the link to the AOC decision for full text. Entire minutes for this week. Tort and insurance decisions1242 - Transportation Cab...
Minutes for Kentucky Court of Appeals for Oct. 31, 2008 (COA 2008:53)
Posted on November 01, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 26 rendered decisions - Numbered 1240-1265 with 5 published decisions (1243; 1253; 1257; 1261; 1262)
CHASE LAW: "Chase Center for Excellence in Advocacy and Chase Student Advocacy Society Host Guest Speakers"
Posted on October 31, 2008From Chase School of Law: On 9/23/2008, the NKU Chase Center for Excellence in Advocacy and the NKU Chase Student Advocacy Society hosted a practical skills discussion with Rob Sanders, Commonwealth's Attorney, and John Delaney, Public Advocate, on prosecuting and defending cases in Kentucky...
TRIAL TIPS: Thinking outside the box can enhance jury trials
Posted on October 31, 2008Study shows that "thinking outside the box" or at least the jury box is beneficial to a juror's understanding of a trial:Alternative Concepts Enhance Jury Trials, Study Finds The use of alternative trial concepts generally enhanced the jury trial process, according to a study released Thursday by the 7th Circuit Bar Association American Jury Project Commission...
MEDICAL: Federal study finds that 90 percent of nursing homes violated federal health and safety standards during the last year
Posted on October 31, 2008I have been told that John F. Kennedy in a message to Congress said that "On the basis of his study of the world's great civilizations, the historian Toynbee concluded that a society's quality and durability can best be measured 'by the respect and care given its elderly citizens...
JUDICIAL ELECTIONS: Marcus Carey Prevails; Judge Caldwell Shoots Down Kentucky's prohibitions against judicial candidates soliciting funds and identifying party affiliation in campaign
Posted on October 28, 2008Judge Karen Caldwell ruled this Monday that the Kentucky Judicial Conduct Commission's rules prohibiting judicial candidates from identifying themselves by political party affiliations and soliciting campaign funds were unconstitutional. 2006 Supreme Court candidate Marcus Carey had filed the suit against the commission and prevailed; a permanent injunction was issued by Judge Caldwell...
CHASE LAW: "NKU Chase Federalist Society Hosts Honorable Judge Amul Thapar"
Posted on October 28, 2008From Chase School of Law: The Federalist Society hosted a presentation and luncheon with the Honorable Judge Amul R. Thapar on Thursday, September 25, 2008. Judge Thapar addressed students and faculty on the topic, "Judicial Interpretation and the Role of a Judge...
HISTORY: A Kentucky Connection with Henry Clay Is Noted in One of the Treason Trials of Aaron Burr in the book "Why Burr's Treason Trial is Relevant Today"
Posted on October 27, 2008Here is a historical moment showing a Kentucky connection in one of the Aaron Burr treason trials. The blog post is a book review found at George Mason University's History News Network. Burr was stopped in Kentucky and a young Henry Clay was able to convince the grand jury there was no grounds for the indictment of treason...
CHASE LAW: "Northern Kentucky Law Review Co-Sponsors Symposium: "Lincoln, the Lawyer""
Posted on October 27, 2008From Chase Law School:Oct 06, 2008 - The Northern Kentucky Law Review of the Chase College of Law and the Kentucky Historical Society co-sponsored a free public symposium titled "Lincoln, the Lawyer," on Saturday, Oct. 4, at the Marriott RiverCenter in Covington, Kentucky...
CRIMINAL CASES: Fayette "Jury acquits man charged in truck-wash slaying"
Posted on October 27, 2008From Kentucky.com:Jury acquits man charged in truck-wash slaying After deliberating for 14 1/2 hours over two days, a Fayette County jury found Marc Buchanan not guilty on all counts in a 2003 slaying at a Lexington truck stop. Buchanan, 25, who was charged with murder and robbery in the slaying of Carl Gene McClung in August 2003, was to be released from the Fayette County Detention Center Tuesday afternoon...
COURTHOUSES: Herald Leader story follows up on its investigation into Kentucky Courthouse construction with story on failure of Harrison County project to accommodate disabled
Posted on October 26, 2008Herald Leader highlights problems with disability access to courthouse. We added a picture of the new judicial center to the immediate left showing the wheelchair ramp on the right. The picture was found at the AOC web site.Access to Harrison courthouse limitedDISABLED PEOPLE MUST HAVE GUARD'S ASSISTANCE TO ENTERBy John Chevesjcheves@herald-leader...
CRIMINAL CASES: Jefferson Circuit Judge McKay Chauvin set Dec. 4 for the sentencing of Jared Steen, 20, who has been released on bond.
Posted on October 26, 2008From community notes in the Courier Journal: A jury yesterday recommended a five-year prison sentence for a Louisville man convicted in a fatal wreck on Crittenden Drive last year. Jefferson Circuit Judge McKay Chauvin set Dec. 4 for the sentencing of Jared Steen, 20, who has been released on bond...
LAWSUITS FILED: Estate of patient who died in accident while being transported by EMS suit EMS driver and others
Posted on October 26, 2008From Courier Journal is story on suit filed in Jefferson Circuit Court for fatality. You can click on heading for the entire story on line.Estate of patient who died in crash sues city, EMS driverPartner described worker as 'loopy' By Jason Riley ? jriley@courier-journal...
LOUISVILLE: Law Professor to speak Sunday night at UofL on her schizophrenia and book - free with booksigning and questions afterward
Posted on October 26, 2008Professor Elyn Saks to speak at University of Louisville tonight (Sunday). Admission is free. Here is story from Courier Journal. Professor Saks is a law professor from Southern California who recently published a book about her lifelong struggle with schizophrenia and the practice of law and teaching...
COURTHOUSE DEDICATION: Hart County Judicial Center - Munfordville - Oct. 30 @ 11:00 am
Posted on October 26, 2008FRANKFORT, Ky. -- The public is invited to a dedication ceremony for the Hart County Judicial Center on Thursday, Oct. 30, at 11 a.m. CDT at 117 E. South St. in Munfordville. ?The Hart County Judicial Center will greatly enhance the security of our court system,? Hart County Judge Executive Terry Martin said...
ETHICS: Diet drug lawyers Gallion and Cunningham permanently disbarred
Posted on October 26, 2008From Kentucky.com. Links in the post were added by me and go to the KBA opinions referenced in the article.Two fen-phen lawyers disbarred Fen-phen settlement lawyers William Gallion and Shirley Allen Cunningham Jr. have been permanently disbarred from legal practice by the Kentucky Supreme Court...
PUBLIC SERVICE: Spring Forward, Fall Back, and Change all the batteries in your smoke detectors and CO Alarms
Posted on October 25, 2008My wife is a nurse, and she follows a routine at work, with patients, with me, and at home. Here's one that works. Every year when we move the clocks back one hour, we go through the house and put in new batteries in the alarms, smoke and CO detectors...
UofL Law: "The Cardinal Lawyer: The law faculty's SSRN aggregator page"
Posted on October 25, 2008I (shamelessly) have copied en toto the following post from University of Louisville's Brandeis School of Law "aggregator" for several reasons. Use of a faculty blog RSS accumulator and aggregator is an outstanding cutting edge move to get law school information out...
LAW SCHOOLS: Paducah's law school closing
Posted on October 25, 2008From Kentucky.com, Kentucky law school in Paducah closing.Troubled Ky. law school to close Barkley School of Law in Paducah will close at the end of the year after officials said they failed to separate it from the financial and legal problems of its predecessor, the American Justice School of Law...
CRIMINAL: SCOKY clears ways for child killer's execution
Posted on October 25, 2008From Kentucky.com:Top Ky. court clears way for child killer's death The Kentucky Supreme Court cleared the way Thursday for the execution of a child killer who asked to be put to death so that delays would not "drag out the misery" for himself and his victims' families...
COURTS: Judge Isaacs recuses himself in criminal case involving Bourbon County jailer
Posted on October 25, 2008From Kentucky.com:Judge recuses himself in Bourbon jailer case Without explanation, Bourbon Circuit Judge Paul Isaacs recused himself Tuesday from the criminal case against the county jailer and a chief deputy.Jailer Tony Horn has been charged with two counts of tampering with public records, a class D felony, and two counts of first-degree official misconduct, a class A misdemeanor...
SETTLEMENTS: Lexington government suit over overtime settles with $2.1 million in attorney fees
Posted on October 25, 2008City settlement means $2.1 million for lawyers from Kentucky.com Lexington will be paying more than $2.1 million in attorneys fees in the settlement of an overtime pay lawsuit involving more than 300 current and former Fayette County Detention Center corrections officers.
SENATE ELECTION: Tape recorder ruckus too ridiculous for words
Posted on October 24, 2008Here is a strange story for the books coming out of our Senate campaign between Lunsford and McConnell in a quasi deja' vu moment reminiscent of "Watergate" but more open. A tape recorder belonging to a member of the McConnell campaign may have been hidden at the podium of Lunsford during the debate; "the" recorder ended up in the hands of someone at the Lunsford campaign; the recorder was returned to the McConnell camp minus the debate recording...
TRIAL VIDEOS: Carroll v. Hornung opening/closings posted at TechnoEsq.com
Posted on October 24, 2008New Trial Video of openings/closings posted at TechnoEsq. New Closing Arguments on TechnoEsq Trial Videos By Finis Price on Litigation We have posted the Closing Arguments for the multi-million dollar case Carroll v. Hornung, et.al. for viewing and download on TechnoEsq Trial Videos...
CRIMINAL NEWS: Court documents provide details of deadly accident
Posted on October 24, 2008From Courier Journal:Court documents provide details of deadly accident Kenielle Denise Finch who is now facing two counts of murder and 12 other charges in the deaths, has pleaded not guilty and is being held in the Jefferson County Jail on a $385,000 bond.
JUDICIAL ELECTIONS: "Supreme Court candidates speak at Federalist Society
Posted on October 24, 2008From Courier Journal:Supreme Court candidates speak During a candidate's forum today in downtown Louisville, long-time jurists Lisabeth Hughes Abramson and James Shake both touted their experience and popularity on the bench as qualifications for a seat on the Kentucky Supreme Court.
CRIMINAL: 5-year sentence recommended in fatal crash
Posted on October 24, 2008From Courier Journal:5-year sentence recommended in fatal crash Jefferson Circuit Judge McKay Chauvin set Dec. 4 for the sentencing of Jared Steen, 20, who has been released on bond.
CRIMINAL CASES: "Ex-U of L dean Felner arraigned fraud, tax charges"
Posted on October 24, 2008From Courier Journal:Ex-U of L dean Felner arraigned on fraud, tax charges His hands firmly clasped in front of him, former University of Louisville Education Dean Robert Felner offered only a quiet "Yes, sir" and "Yes, madam" during his arraignment yesterday on fraud and tax evasion charges.
CHASE LAW: Constitutional Law Attorney Stephen P. Halbrook Visits Chase
Posted on October 23, 2008From Chase School of Law: Oct 16, 2008 - The NKU Chase College of Law Federalist Society welcomed Washington D.C.-based attorney Stephen Halbrook. Dr. Halbrook discussed the prominent second amendment case District of Columbia v. Heller, and subsequent second Amendment litigation...
NEWS: "Curlin ownership stake may be auctioned"
Posted on October 22, 2008Story in Courier Journal by Andrew Wolfson: Curlin ownership stake may be auctioned20% owned by diet-drug lawyers The 20 percent stake in the race horse Curlin owned by lawyers William Gallion and Shirley Cunningham Jr. may soon be on the auction block...
UK LAW: "Professor Lawson examines Kentucky?s persistent felony offender (PFO) law in The Kentucky Law Journal."
Posted on October 21, 2008From UK Law:Robert G. Lawson, Charles S. Cassis Professor of Law in the University of Kentucky College of Law, has an article in the most recent edition of the Kentucky Law Journal. The article, titled " PFO Law Reform, A Crucial First Step Toward Sentencing Sanity in Kentucky," examines the prison system in Kentucky and need for reform...
JEFFERSON COUNTY: Jefferson Circuit Clerk Nicholson Announces Centralized Domestic Violence Intake Center
Posted on October 21, 2008From the Courier-Journal:Victims' services in single officeOne-stop shop offers legal assistance By Jessie Halladay ? jhalladay@courier-journal.com ? October 17, 2008 For years, a grass-roots effort has been under way to create a one-stop place for domestic violence victims to seek help from the legal system...
FAMILY COURTS: "Wife's protection order bars principal from school"
Posted on October 21, 2008From the Courier-Journal (but brought to my attention via The Kentucky School News and Commentary Blog):Wife's protection order bars principal from school By Jason Riley ? jriley@courier-journal.com ? October 17, 2008 The estranged wife of Pleasure Ridge Park High School principal David Johnson has taken out an emergency protection order against him that bars him from the school, claiming Johnson hit his teenage son in the face on Sunday...
SCOKY: Justice McAnulty's Portraid dedicated
Posted on October 21, 2008McAnulty portrait dedicated at Supreme Court:McAnulty portrait dedicated - First black justice honored By Stephenie Steitzer October 16, 2008 FRANKFORT, Ky. -- The Kentucky Supreme Court yesterday dedicated a portrait of Justice William McAnulty Jr., who died in August 2007 of brain cancer...
JUDICIAL ELECTIONS: CJ Candidate Bios for Jefferson County Races for 2008
Posted on October 20, 2008To help you decide on the candidates in this years general election for the other judicial races in Jefferson County, I am providing links to their on-line bios. Remember this is just a short-hand summary of each and not a substitute for going to their web sites (available in their bio) and/or even asking your lawyer friends who may know and have their own personal recommendations to add: Kentucky Circuit Court Judge Circuit 30, Division 4Cunningham and Kemper Kentucky District Court Judge District 30, Division 2Smith and Vandertoll Kentucky District Court Judge District 30, Division 8 Bowles, Watkins, Parks, and Shouse Kentucky District Court Judge District 30, Division 16Holton and King In addition, here is the Supreme Court race bio's as well: Kentucky Supreme Court Justice District 4 Abramson & Shake
JUDICIAL ELECTIONS: 2008 Supreme Court Justice Race - Candidate Interview by Courier Journal of Abramson and Shake
Posted on October 20, 2008Election video interview Supreme Court candidates - Abramson and Shake - Supreme Court of Kentucky 2008 Election. To see a candidate bio comparison at the Courier Journal, click here.
ELECTIONS: Link provided by Courier Journal to find out WHO'S ON YOUR BALLOT in '08!
Posted on October 20, 2008Jefferson County has a voter connection page to allow you to look and she who will be on Your Ballot! Thanks to the Courier Journal for "clueing" me in on this link at its election page "Decision 2008":Sample ballot (Enter your address and select "Search," then look for "General election sample ballots"...
JUDICIAL ELECTIONS: Courier Journal story by Jason Riley on other Jefferson County Races (Circuit and District Court) with links to LBA Evaluations
Posted on October 20, 2008Here is Jason Riley's story on the other races in Jefferson County for circuit court and district court:King and Holton battle in Division 16Others also seek spots on the bench By Jason Riley ? jriley@courier-journal.com ? October 20, 2008 While the battle between long-time Jefferson County judges James Shake and Lisabeth Hughes Abramson for a Supreme Court spot is the most important judicial race this year, it may not be the most anticipated -- or at least talked about...
NEWS: "Gambling Domain Names 'Designed' to Be Accessed in Kentucky, Judge Rules"
Posted on October 20, 2008From Gambling911.com is the following post by Greg Piper:Gambling Domain Names 'Designed' to Be Accessed in Kentucky, Judge Rules The Internet is "still not above the law," at least in Kentucky, Franklin County Judge Thomas Wingate ruled, denying several motions to dismiss the state's motion to seize 141 gambling Web site domains...
UofL LAW: Algeria Fort wins 2008 Pirtle-Washer Oral Advocacy Competition
Posted on October 20, 2008From UofL Law: Congratulations to Algeria Ford, winner of the 2008 Pirtle-Washer Oral Advocacy Competition! Appellant, Jason Schwalm, and Appellee, Algeria Ford, advanced from the first semifinal rounds to compete in the final round. The judges commended them both for an excellent performance.
PROPOSED RULE CHANGES: "Proposed Changes to Advertising Regulations"
Posted on October 19, 2008From KBA Web Site:The Kentucky Bar Association Board of Governors approved the proposed regulations on July 19, 2008, subject to the review and consideration of comments from the membership. Members wishing to comment on the proposed regulations must do so in writing no later than December 15, 2008...
KBA: Fall CLE Getaway on Oct. 23-25 at Baden Springs
Posted on October 19, 2008Come join us [KBA] for our Fall Getaway in beautiful French Lick, Indiana at the historic West Baden Springs Hotel. This magnificent structure boasts luxury suites, fine dining, and exciting casino nightlife! Join your friends and colleagues for Continuing Legal Education courses that will be offered on site Friday and Saturday mornings...
JUDICIAL ELECTIONS: "Four for Judge" - Courier Journal's endorsements in Jefferson County Judicial Races
Posted on October 19, 2008The Courier Journal has released its endorsements for the four remaining judicial races on the ballot this November having given a thumbs up for Cunningham, Smith, Watkins and Holton. Their op-ed is as follows:Voters in Jefferson County will find four nonpartisan contests for the local bench on their ballots...
PROSECUTORS: Mark Blankenship Appointed Commonwealth Attorney for Calloway and Marshall Counties
Posted on October 19, 2008From the Murray Times and Ledger:Governor taps Blankenship to fill Ward's postBy HAWKINS TEAGUEStaff Writer Gov. Steve Beshear has appointed Murray attorney C. Mark Blankenship as the commonwealth attorney for the 42nd Judicial District covering Calloway and Marshall counties...
GOOD NEWS: Kentucky and Fayette County Bar Foundations Partcipating in Financial Literacy Program for High Schoolers
Posted on October 19, 2008Kentucky Bar Foundation and Fayette County Bar Foundation working with Fayette County schools giving financial education classes for for high school students. In light of the financial upheavals taking place now, this class is not only timely but crucial...
CRIMINAL: "Ky. judge sets hearing in Iraqi slaying case" in Paducah
Posted on October 19, 2008From Chron.com is an AP story out of Kentucky. Interesting jurisdictional situation since the soldier is being prosecuted in federal district court rather than a court-martial.Ky. judge sets hearing in Iraqi slaying caseBy BRETT BARROUQUERE Associated Press Writer © 2008 The Associated PressOct...
JUDICIAL ELECTION: Chief Judge Shake's Response
Posted on October 19, 2008What is most important to you in a Supreme Court justice? Legal ability? Judicial integrity? Overall performance? Having been top rated in each of these categories year after year by the lawyers who know these candidates best, I respectfully ask for your vote...
COURT HOUSE CONSTRUCTION: "Judicial centers built since 1998"
Posted on October 16, 2008Curious about the cost of courthouse construction in Kentucky? In addition to the series of stories out of the Herald Leader is a list (searchable) of courthouse construction projects since 1998. Hardin and Jefferson Counties are not on the list since they are new but not completed during that time frame...
ELECTIONS: Judicial candidate Katie King in the news and blogs
Posted on October 15, 2008The Jefferson County District Court Judicial race between Katie King and Judge David Holton will most certainly go down as one of the most "unusual" judicial elections in years. The "race" started off in the primary with more candidates than the Kentucky Derby and without the use of the auxiliary gate...
SETTLEMENTS: "Louisville settles lawsuit in crash with officer"
Posted on October 15, 2008AP Story based on Courier Journal story on settlement with police in Louisville:Louisville settles lawsuit in crash with officerThe Associated PressLOUISVILLE, Ky. --The mother of a Louisville man killed in a 2006 car crash with a Louisville Metro Police officer will receive $1...
LOCAL NEWS: Protest at Downtown McDonald's over antik-gay incident
Posted on October 14, 2008Dozens of Kentuckians Protest Anti-Gay Discrimination by McDonald?s Employees?We?re Not ?Lovin? It?!? Say Protestors of Super-Sized Harassment LOUISVILLE, KY ? Representatives of a variety of lesbian, gay, bisexual, and transgender groups as well as other civil rights organizations protested in downtown Louisville this afternoon in response to an anti-gay incident at a McDonald?s restaurant...
SUITS: "Judge denies PVAs' motion"
Posted on October 14, 2008Judge denies PVAs' motion from Herald Leader A Franklin circuit judge denied a motion Wednesday by property value administrators to hold the Executive Branch Ethics Commission in contempt for initiating an investigation into nepotism practices of 11 PVAs...
VERDICTS: Woman awarded $9.8 million in medical malpractice case
Posted on October 14, 2008Woman awarded $9.8 million in malpractice case from Herald Leader A civil verdict of almost $10 million was returned Wednesday in a lawsuit filed by a Lexington hairdresser who became a paraplegic after routine heart surgery. A Fayette Circuit Court jury assigned 31 percent of fault ? or $3,057,894...
UofL LAW: "MINORITY LAW STUDENTS DINNER RESCHEDULED for Nov. 14
Posted on October 13, 2008MINORITY LAW STUDENTS DINNER RESCHEDULED The Minority Law Students Dinner, hosted by Judge Denise Clayton, has been rescheduled and will be held Friday, November 14 from 5:30-8:30 p.m. Please RSVP by emailing Christie Floyd at christie.floyd@louisville...
JUDICIAL ELECTIONS: Courier Journal issues endorsement for Kentucky Supreme Court race
Posted on October 13, 2008Courier Journal is now releasing its endorsements. We will post each of them with a link to their web site. Interestingly enough, the endorsement for the Kentucky Supreme Court race seems enigmatic as the editorial noted that "Both candidates are worthy of support...
TRIAL VIDEOS: Recent medical negligence trial's openings and closings posted at TechnoEsq.com site
Posted on October 13, 2008New Opening Statements on TechnoEsq Trial Videos Posted by Finis Price under Litigation , MiscView commentsComments Opening Statements for the multi-million dollar case Carroll v. Hornung, et.al. are available for viewing and download on TechnoEsq Trial Videos.
AG: Early-release program will continue, for now Franklin Circuit Court Judge Phillip Shepherd on Friday denied Attorney General Jack Conway's request to immediately bar the Department of Corrections from releasing prisoners under a new parole credit pro
Posted on October 13, 2008Beth Musgrave at Herald Leader's Pol Watcher blog has posted (with a link to the order), as follows: Click on heading for her entire post.Early-release program will continue, for now Franklin Circuit Court Judge Phillip Shepherd on Friday denied Attorney General Jack Conway's request to immediately bar the Department of Corrections from releasing prisoners under a new parole credit program...
LAWLAPALOOZE: The Cardinal Lawyer: Elvis Cardozo and the Attractive Nuisances
Posted on October 13, 2008At the Battle of the Legal Bands' Lawlapalooza, the UofL Law was well represented with a band consisting of some factulty and students. Click on The Cardinal Lawyer: Elvis Cardozo and the Attractive Nuisances for some pics, vids, and notes on this event...
ELECTIONS: Local judicial candidates talk to UofL Law Students
Posted on October 12, 2008From the UofL Law School blog is a post on local judicial candidates appearing at the school: Judicial Candidates Visit Law School By vmsmit06 on Student Several dozen students, staff, and faculty from the law school attended the Brandeis Judicial Forum on October 7, 2008...
BAR: "Bar leader tried to stall abuse deal, records show Bonar, facing complaint, denies any misconduct"
Posted on October 12, 2008Andrew Wolfson, Courier Journal, has posted the following story; click on heading for his entire story on-line:Bar leader tried to stall abuse deal, records showBonar, facing complaint, denies any misconduct
From UofL Law is a post on upcoming
Posted on October 12, 2008From UofL Law is a post on upcoming Law Alumni Awards Dinner on Oct. 15:The Cardinal Lawyer: Law Alumni Awards Banquet, October 15 I [Dean Chen] encourage all readers of The Cardinal Lawyer to attend the 2008 Law Alumni Awards Banquet:Law Alumni Awards Banquet Wednesday, October 15, 2008 6:00 p...
COA: Appellate Arguments on Oct. 14 in Murray, Ky
Posted on October 12, 2008FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two cases Tuesday, Oct. 14, at the Calloway County Judicial Building in Murray. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Donna L...
KY GOV: "Transparency" Site Mockup - Or seeing how your tax $$ are being spent; visit it and leave comments
Posted on October 12, 2008E-Transparency Web Site Goes Online By Valeria Cummings502-564-4240 on Finance and Administration Cabinet A mockup of Kentucky?s first e-Transparency Web site is now online and members of the public are being asked to make comments on its design. ?Kentucky?s Open Door? Web site has been designed as a one-stop venue where citizens can review how their tax dollars are being spent, as well as obtain other vital information about state-funded programs...
FAMILY LAW: "U.S. Supreme Court Hears Oral Argument Yesterday In QDRO case" By Diana L. Skaggs on Retirement Plans
Posted on October 11, 2008Family Lawyers in Kentucky may wish to keep watch on this issue now before SCOTUS (or better yet subscribe to the Divorce Law Journal's RSS Feed for updates!):U.S. Supreme Court Hears Oral Argument Yesterday In QDRO caseBy Diana L. Skaggs on Retirement Plans
ELSEWHERE: "Law - "Lawyers worry about liability if banks holding client trust accounts fail" By Marcia Oddi on General Law Related "
Posted on October 11, 2008In the midst of this downturn in the economy, lawyers must also be concerned about their trust accounts too? Here's a post noted by Marcia Oddi at the Indiana Law Blog:Law - "Lawyers worry about liability if banks holding client trust accounts fail" By Marcia Oddi on General Law Related And this is not the only story on the internet on this topic, eg: Hot Topic: Are Lawyers Liable for Client Trust Accounts at Failed Banks? from the ABA Journal By Martha Neil If the bank holding my client trust funds fails, could I be held responsible? That is the question many attorneys are now asking bar associations after the recent failure of California-based IndyMac Bank, and the answer appears to be a qualified yes, according to the National Law Journal...
OFF TOPIC: The public's need to know can be aided by a debate
Posted on October 09, 2008Interesting thought. Might be an interesting television move to announce a debate, invite Senator McConnell and Mr. Lunsford to appear, and if one of them does not show, then ask the questions to the candidate who did appear. Times are serious; and all the candidates should be serious too...
NEWS: "Government?s role is to protect individual rights, not legislate them" from Glasgow Daily times
Posted on October 09, 2008From the Glasgow Daily Time is a story on smoking bans, property rights, and SCOKY decision. Click on heading for the entire story on line.Government?s role is to protect individual rights, not legislate themPROPERTY RIGHTS Glasgow Daily Times Q: What is the concept of property rights viewpoint on the smoking ban issue? A: When the Lexington smoking ban was appealed to the Kentucky Supreme Court, the court ultimately ruled that the smoking ban there was constitutional...
AOC: "Cleaning up court construction mess" from Herald Leader editorial
Posted on October 09, 2008The Herald Leader recently did a series on concerns regarding Kentucky's courthouse construction this past decade addressing costs, oversight, etc. Chief Justice Minton has addressed the courthouse construction, and here is the Herald Leader editorial remarking on the response...
COA: Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington
Posted on October 06, 2008For Immediate Release Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington Proceedings will be open to the public FRANKFORT, Ky., Sept. 30, 2008 - The Kentucky Court of Appeals will hear oral arguments in three cases Wednesday, Oct. 8, at the Robert F...
COURTS: Pike County "Drug Court" Under Scrutiny
Posted on October 05, 2008From the Appalachian News Express:Judge?s program under scrutiny By Russ Cassady, Staff Writer An independently-created and financed program intended as an alternative to the county?s District Drug Court is under scrutiny. One participant claims he is being held improperly in the Pike Detention Center...
UofL: Professor Saks to speak on October 26 on her book "The Center Cannot Hold: My Journey Through Madness"
Posted on October 05, 2008University of Southern California Law Professor Elyn R. Saks will be speaking at 7:30 PM on Sunday, October 26 in the Strickler Hall auditorium on the U. of L. Belknap Campus. The title of her talk is "The Center Cannot Hold: My Journey Through Madness," the story of a life of tremendous achievement while suffering from severe schizophrenia with a poor prognosis...
Technorati: Posted Page to Claim Blog
Posted on October 04, 2008This page is just a technical page to come up on the Technorati listings.Sorry for the inconvenience. Technorati Profile
Weekly Minutes and Advance Sheets Available for Past Two Weeks for COA, SCOKY, 6th Cir.
Posted on October 04, 2008COAMinutes for Kentucky Court of Appeals for Sept. 26, 2008 (COA 2008:47) Minutes for Kentucky Court of Appeals for Oct. 3, 2008 (COA 2008:48) 6th Cir.Sep. 22-26, 2008: US 6th Circuit Court of Appeals Decisions Sep. 29 - Oct. 3, 2008: US 6th Circuit Court of Appeals Decisions
AOC: "Chief Justice Minton to discuss judicial center construction program Oct. 3 at Court Facilities Standards Committee meeting"
Posted on October 03, 2008Here is a press release I just received. It was sent out on Oct. 2 announcing Chief Justice Minton's meeting with the public and the press to discuss courthouse construction today at 10:00 a.m. I will be looking for the press response to this after the series published recently in the Herald Leader...
Judge Gibson and Prof. Jones to host free talk "Two Voices, Two Perspectives: Mental Illness, Treatment and Recovery" on Oct. 6, 2008 @ 7;30 pm in Louisville at Actor's Theater - FREE
Posted on October 02, 2008On Monday, October 6 at 7:30 PM as part of Mental Illness Awareness Week NAMI Louisville is hosting a free talk entitled "Two Voices, Two Perspectives: Mental Illness, Treatment and Recovery" by The Honorable Susan Schultz Gibson, Jefferson Circuit Court, Division 12 and Professor James T...
LAWLAPALOOZA: Battle of the Legal Bands at Phoenix Hill Tavern on Thursday Night (Oct. 2) to benefit charity!!!
Posted on October 01, 2008Don't forget that Lawlapalooza 2008, the Louisville law community's fourth annual battle of the bands, is tomorrow night, Oct. 2, at the Phoenix Hill Tavern. Doors open at 6:00 pm, and the first band begins at 6:30. Tickets are $25 at the door or just $20 in advance...
LBA: Call-A-Lawyer will be held from 6?8 pm on Tuesday, October 21, 2008
Posted on October 01, 2008Call-A-Lawyer will be held from 6?8 pm on Tuesday, October 21. Dial 583-1801 and speak anonymously with a volunteer attorney who will provide general legal guidance in response to your inquiry. For additional information about the service, which is held the third Tuesday of each month, visit the Louisville Bar Association?s website at www...
ARGS: October 2008 Argument Calendars for SCOKY and COA
Posted on September 30, 2008The following are links to this month's calendars at the AOC in PDF format. Supreme Court's Oct CalendarClick here for the Kentucky Court Report's annotated calendar with links to the briefs at NKU Chase School of Law Court of Appeals Oct Calendar
LBA: 2008 Judicial Poll Results Published
Posted on September 30, 2008The LBA has released the results of the 2008 Judicial Poll that were conducted to determine attorneys' opinions about candidates in contested judicial races on the November ballot. One statistic that is not provided is the cumulative "qualified" and "highly qualified" numbers, and these do not really come into play in the Supreme Court and 4th Division races...