Kentucky

WE HAVE MOVED TO WWW.KYCOURTREPORT.COM. PLEASE UPDATE YOUR RSS FEEDS AND YOUR BOOKMARKS.

Posted on August 17, 2012
The Kentucky Court Report is no longer being hosted at the TypePad site. We have moved to a WordPress site at http://www.KyCourtReport.com. We also are redirecting KentuckyCourtReport.com to the site as well. The domain KyCases.com will eventually fade away, but for the short term we will redirect that site to the KyCourtReport...

Updated Links

Posted on July 15, 2012
July 2012- SCOKY ? NO COURT Posted on July 15, 2012 by Michael Stevens ? 0 Comments Filed Under: Argument Calendars, SCOKY Argument Calendars - 2009+ June 2012 SCOKY Oral Argument Calendar and Links to Briefs at NKU Posted on July 15, 2012 by Michael Stevens ? 0 Comments Click HERE for link for this month?s argument calendar...

Site Update: Of domain mapping, and lack of support sapping my links and rankings

Posted on July 15, 2012
As you may have known, our links and feeds got messed up. The geek speak answer is that our domain mapping to this Typepad site using my domain registry got messed up and I had poor support from both services. Thus, I went back to my beginnings: set up a WordPress blog using my http://www...

May 18, 2012 COA Minutes ? Nos. 419-445 (27 decisions; 4 To Be Published

Posted on July 07, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 419. GUARDIAN AD LITEM. FEES TO BE PAID BY PLAINTIFF AS COSTS...

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STDS OF REVIEW: Of Trial Court's Denial of Motion to alter, amend or vacate

Posted on July 07, 2012
From Mullins v. Consol of Kentucky, COA, Published, 5/18/2012 We review a trial court's denial of a motion to alter, amend, or vacate pursuant to CR1 59.05 for an abuse of discretion. Batts v. Illinois Central Railroad Co., 217 S.W.3d 881, 883 (Ky. App...

DEFENSES: Issue Preclusion (collateral estoppel) of Res Judicata

Posted on July 07, 2012
From WARD REALTY, LLC VS. ROY STOESS ESTATE, LLC, COA, NPO, 5/28/2012 2011-CA-000811-MR It is well settled that the doctrine of res judicata serves as a bar to repetitious lawsuits involving the same cause of action. Yeoman v. Com., Health Policy Bd., 983 S...

May 25, 2012 COA Minutes ? Nos. 446-480 (35 decisions; 8 To Be Published)

Posted on July 07, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 448. FORCIBLE DETAINER AND PETROLEUM MARKETING PRACTICES ACT...

May11, 2012 COA Minutes ? Nos. 401-418 (18 decisions; 7 To Be Published

Posted on July 05, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 401. CRIMINAL LAW. FAILURE TO PAY CHILD SUPPORT. HAMM (ROBERT) VS...

July 2012 Court of Appeals Argument Calendar

Posted on July 04, 2012
Click here for entire calendar for this month at AOC. Click here for entire INDEX to COA calendars organized by month and year. LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE, DATE:Thursday, July 12, 2012 2:00 pm CHRISTOPHER J...

Statute of Limitations for car accidents is 2 years from accident or date last pip payment check is issued. Dickey v. Liberty Mutual, COA, NPO, 5/4/2012

Posted on July 04, 2012
Another reminder that the statute of limitations for automobile accidents under the No-Fault Act runs two years from the date of the accident or the last date of payment of pip benefits. Date of payment is the date the check is issued by the reparations obligor; not the date it is cashed, not the date is received by the provider...

May 4, 2012 COA Minutes ? Nos. 379-400 (22 decisions; 2 ?to be published?)

Posted on July 04, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 379. DEFENSES. SOVEREIGN IMMUNITY. WAIVED. MARK BLANKENSHIP PLAINTIFFS VS...

Premises Liability, Open & Obvious, Post-McIntosh and Natural Conditions:

Posted on July 04, 2012
This is a Post-McIntosh, open and obvious, decision that needs to be read. It seems the Court of Appeals has been on a run take a bite out of the McIntosh apple after the SCOKY seemed to do away with the contributory defense of ?open and obvious? and place premises liability back into the world of comparative negligence...

April 27, 2012 COA Minutes ? Nos. 368-378 (11 decisions; None to be published)

Posted on July 04, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: No published decisions this week. TORT REPORT FOR NONPUBLISHED DECISIONS (MINUS WORKERS COMP): IF YOU WANT WORKERS COMPENSATION LAW UPDATES, I RECOMMEND YOU GO TO THE COMP ED WEB SITE AT http://www...

Argument: Permissible and Impermissible argument referencing financial ability of party strongly addressed in dissent

Posted on July 04, 2012
Impermissible arguments, admonitions, and error. Oh My! The following decision addresses improper argument by counsel regarding a party?s financial ability that was deemed error but not reversible error with a stinging dissent by Judge Nickell (whose dissent is posted en toto since it not only addresses the issue in this case but a succinct summary of arguments, permissible and not permissible...

April 20, 2012 COA Minutes ? Nos. 350-367 (18 decisions; 4 published)

Posted on June 28, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 355. PROBATE. INTESTACY. HEIRS. BARTLEY (PAMELA) VS. CULBERTSON (JUDITH P...

Damages: Increased risk of harm and lost opportunity of recovery in medical negligence cases: Gill v. Burress, COA, 4/13/2012, Published

Posted on June 28, 2012
In medical negligence cases, a misdiagnosis creates two difficult problems for the injured claimant which do not appear to be fully appreciated by our appellate courts, usually under the misguided belief that it would be speculative or too speculative...

April 13, 2012 COA Minutes ? Nos. 334-349 (16 decisions; 3 published)

Posted on June 28, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 335. REAL PROPERTY. CARRIER (REGINA S.), ET AL. VS. KIRCHHEIMER (SHEILA T...

April 6, 2012 COA Minutes ? Nos. 312-332 (21 decisions; 5 published)

Posted on June 26, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 313. CRIMINAL LAW CAWL (KYRUS LEE) VS. COMMONWEALTH OF KENTUCKY OPINION AFFIRMING KELLER (PRESIDING JUDGE) STUMBO (CONCURS) AND VANMETER (CONCURS) 2010-CA-000358-MR TO BE PUBLISHED JEFFERSON THOMPSON, JUDGE: Pedro Higareda appeals from an order and amended judgment of the Boone Circuit Court vacating Higareda?s conviction for being a persistent felony offender in the second degree and modifying his sentence but reaffirming his burglary in the first degree conviction...

March 30, 2012 COA Minutes ? Nos. 299-312 (14 decisions; 2 published)

Posted on June 25, 2012
Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 299. CRIMINAL PROCEDURE. PRO SE PRESENTATION (FARETTA V. CALIF...

March 23, 2012 COA Minutes ? Nos. 282-298 (17 decisions; 2 published)

Posted on June 25, 2012
March 23, 2012 COA Minutes ? Nos. 282-298 (17 decisions; 2 published) Click on this link for the full text of these minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 290...

March 9, 2012 COA Minutes -- Nos. 240-264 (25 decisions; 3 published)

Posted on April 10, 2012
March 9, 2012 COA Minutes -- Nos. 240-264 (25 decisions; 3 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 240...

March 2, 2012 COA Minutes -- Nos. 227-239 (13 decisions; 1 published)

Posted on April 09, 2012
March 2, 2012 COA Minutes -- Nos. 227-239 (13 decisions; 1 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 233...

Feb. 24, 2012 COA Minutes -- Nos. 195-225 (31 decisions; 6 published)

Posted on April 08, 2012
Feb. 24, 2012 COA Minutes -- Nos. 195-225 (31 decisions; 6 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 198...

Feb. 17, 2012 COA Minutes -- Nos. 169- 194 (26 decisions; 2 published)

Posted on April 08, 2012
Feb. 17, 2012 COA Minutes -- Nos. 169- 194 (26 decisions; 2 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 177...

Feb. 10, 2012 COA Minutes -- Nos. 143-168 (26 decisions; 6 published)

Posted on February 16, 2012
Feb. 10, 2012 COA Minutes -- Nos. 143-168 (26 decisions; 6 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 147...

Feb. 3, 2012 COA Minutes -- Nos. 116-142 (27 decisions; 4 published)

Posted on February 16, 2012
Feb. 3, 2012 COA Minutes -- Nos. 116-142 (27 decisions; 4 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 117...

Jan. 27, 2012 COA Minutes -- Nos.

Posted on February 12, 2012
Jan. 27, 2012 COA Minutes -- Nos. 84-115 (32 decisions; 5 published) Click on the above link for the full text of minutes with link to full text of each decision. Cick here for AOC page with current minutes and archived minutes links PUBLISHED DECISIONS OF COA: 91...

Feb. 2012 Court of Appeals Argument Calendar

Posted on February 03, 2012
??Click here for entire calendar for this month at AOC. Click here for entire INDEX to COA calendars organized by month and year. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Tuesday, February 7, 2012 1:00 pm BRIAN LEMONS v COMMONWEALTH OF KENTUCKY Appeal from a conditional guilty plea to 2nd degree manslaughter and assault under EED...

Appeals: Preserving error on appeal (instructions, manifest injustice, as applied to judge issues re unjust enrichment and piercing the corporate veil

Posted on January 22, 2012
The following published decision addresses the failure to preserve error on appeal relative to instructions. The issues surrounded preserving the error, manifest injustice; within the context of unjust enrichment and piercing the corporate veil. KILLIAN V...

Defenses: Res Judicata and Collateral Estoppel

Posted on January 22, 2012
PRICE V. YELLOW CAB CO. OF LOUISVILLE COA, PUBLISHED JAN. 20, 2012 Res judicata is an affirmative defense that bars repetitious suits involving the same cause of action. Yeoman v. Commonwealth, Health Policy Board, 983 S.W.2d 459, 464 (Ky. 1998). The Supreme Court of Kentucky defined this doctrine in City of Louisville v...

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