Kentucky Cases: Kentucky

Home -> Law Blog Directory -> Kentucky Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Kentucky

Kentucky Cases

Published decisions of the Kentucky Supreme Court and Court of Appeal including arguement calendars, minutes, and court news.

Post Frequency: 11.5/day

Last Entry: March 27, 2011 at 22:42:59

Std. of Review: Of jury instructions

Posted on February 16, 2011
From McAlpin v. Davis Construction Inc., COA, Published, 2/11/2011 Appellate review of a "jury instruction is considered a question of law and is reviewed on appeal under a de novo standard of review." Mountain Water Dist. v. Smith, 314 S.W.3d 312, 315 (Ky...

Cause of Action: Negligence (premises liability, building codes)

Posted on February 13, 2011
From: House of Imports v. Wright, COA, NPO, 2/4/2011 To establish an actionable negligence claim, a plaintiff must establish the existence of a duty, breach of that duty, causation, and damages. Helton v. Montgomery, 595 S.W.2d 257 (Ky. 1980).2 A legal duty may be found in the common law, in a statute, or in an ordinance...

COA 2011 Minutes for Feb. 4 , 2011 (Nos. 97 - 118)

Posted on February 13, 2011
http://opinions.kycourts.net/coa/2009-CA-002239.pdfCOA 2011 Minutes for Feb. 4 , 2011 (Nos. 97 - 118) Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived minutes links Total number of decisions: 22 Published Decisions: 6 (97; 107; 111; 113; 115; 117) PUBLISHED DECISIONS (with link to full text at AOC): 97...

Cause of Action: Defamation

Posted on February 13, 2011
From Smith v. Martin, COA 2/4/2011 To establish a claim for defamation, the following elements must exist: ?[1.] defamatory language, [2.] about the plaintiff, [3.] which is published, and [4.] which causes injury to reputation.? Stringer v. Wal-Mart Stores, Inc...

To access this complete feed in the blog feed reader login or register for free.

COA 2011 Minutes for January 28, 2011 (Nos. 75 - 96))

Posted on January 29, 2011
COA 2011 Minutes for January 28, 2011 (Nos. 75 - 96)) Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived minutes links Total number of decisions: 22 Published Decisions: 5 (77; 86; 87; 91; 94) PUBLISHED DECISIONS (with link to full text at AOC): 77...

Civil Procedure Protections for incarcerated defendants served in civil action addressed

Posted on January 29, 2011
Issues surrounding serving and complying with Civil Rules involving civil actions against incarcerated defendants can be a problem. The following unpublished decision contains some black letter law of import and note. 76. DEFAULT JUDGMENTS, PRISONERS/CONFINED DEFENDANTS, AND C R 17...

Std of Review: Motion to Dismiss for failure to state a claim CR 12.02(f)

Posted on January 29, 2011
CR 12.02(f) provides that the failure to state a claim upon which relief can be granted is a sufficient ground for dismissal of a claim. When a motion to dismiss is made, trial courts cannot grant the motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim...

Libel: Four elements necessary to establish a defamation action

Posted on January 29, 2011
"Four elements are necessary to establish a defamation action, whether for slander or libel, to wit: (1) defamatory language; (2) about the plaintiff; (3) which is published; and (4) which causes injury to reputation." McBrearty v. Kentucky Community and Technical College System, 262 S...

COA Argument Calendar for February 2011

Posted on January 29, 2011
COA Argument Calendar for February 2011 Dates: Feb. 8, 2011@ Frankfort Criminal; Search and Seizure: Whether the circuit court properly denied the defendant's motion to suppress evidence seized during a warrantless search pursuant to the emergency aid exception...

Supreme Court of Kentucky adopts statewide rules for family law cases

Posted on January 28, 2011
Links to Related Resources: Family Court Rules of Procedure and Practice Summary of Family Court Rules of Procedures and Practice FRANKFORT, Ky. -- For the first time, the Supreme Court of Kentucky has adopted uniform rules for family law cases statewide, Chief Justice of Kentucky John D...

McIntosh Premises Liability Distinguished by COA relative to dangerous conditions

Posted on January 24, 2011
Gaines v. Diamond Pond Products, Inc. 2009-CA-000848 12/29/10 2010 WL 5343290 Opinion by Chief Judge Taylor; Judges Acree and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court granting a directed verdict in favor of appellee and dismissing appellants? negligence claim for injuries the minor appellant received while employed by appellee for an annual charitable activity...

Liability insurance step down clause to provide only minimum limts to permissive user upheld

Posted on January 24, 2011
Step down exclusion to minimum liability limits for permissive user did not violate policy under No Fault Act. Kentucky Farm Bureau Mutual Insurance Company v. Shelter Mutual Insurance Company 2008-SC-000781-DG November 18, 2010 Opinion of the Court by Justice Scott...

UM and UIM benefits relationship to defendant covered by exclusive remedy of workers compensation act

Posted on January 24, 2011
UM and UIM benefits are not available as a result of injuries caused by worker covered under exclusive remedy provisions of workers compensation statute. State Farm Mutual Automobile Insurance Company v. Carlene Slusher, Administratrix of the Estate of Donald Slusher 2009-SC-000513-DG November 18, 2010 Opinion of the Court by Justice Venters...

Open Records Requests and Disclosure to Parties in Litigation

Posted on January 24, 2011
The following SCOKY decision addressed open records requests by parties involved in litigation: Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky, et al. v. Mitzi D. Wyrick 2008-SC-000468-DG October 21, 2010 2009-SC-000543-DG October 21, 2010 Opinion of the Court by Justice Schroder...

Attorney Discipline: November 2010

Posted on January 24, 2011
VI. ATTORNEY DISCIPLINE A. Kentucky Bar Association v. Robinson 2010-SC-000569-KB November 18, 2010 Opinion of the Court. All sitting; all concur. Attorney was suspended for 30 days for failure to act with reasonable diligence and promptness in representing client, failure to keep client reasonably informed or promptly respond to reasonable requests for information, knowing failure to respond to lawful demand for information from disciplinary authority, and failure to maintain with Director current address at which attorney can be communicated with by mail...

Attorney Discipline for October 2010

Posted on January 24, 2011
VII. ATTORNEY DISCIPLINE A. Kentucky Bar Association v. William J. Grider 2010-SC-000522-KB October 21, 2010 Opinion of the Court. All sitting; all concur. Supreme Court adopted KBA?s recommendation to suspend Grider for one year and recover administrative costs totaling $459...

SCOKY MONTHLY CASE SUMMARY REPORT: November 2010

Posted on January 24, 2011
The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...

SCOKY MONTHLY CASE SUMMARY REPORT: October 2010

Closing Arguments: Statement of Personal Beliefs

Posted on January 22, 2011
Recent unpublished COA decision addressed closing argument and personal opinions made by defense counsel. Here is an extract of that decision regarding this issue: During closing argument, defense counsel stated that "from the bottom of [his] heart [he] believe[d] Dr...

COA 2011 Minutes for January 21, 2011 (Nos. 57 - 74) ( 6 to be published)

Posted on January 22, 2011
COA 2011 Minutes for January 21, 2011 (Nos. 57 - 74) Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived minutes links Total number of decisions: 18 Published Decisions: Six (57; 59; 60; 67; 71; 73) PUBLISHED DECISIONS (with link to full text at AOC): 57...

Std. of Review: By appellate court of arbitration award

Posted on January 22, 2011
An appeal of an order confirming or denying confirmation of an arbitration award is specifically provided for in KRS 417.220. The circuit court's judgment confirming the respective arbitration awards made in favor of both Dr. Jacob and Bluegrass in this case did not include any fact finding by the circuit court...

Std. of Review: By SCOKY of trial court's decision on motion to suppress evidence

Posted on January 18, 2011
In Reviewing Decisions on Motions to Suppress Evidence, W eReview Factual Findings for Clear Error and Questions of Application of the Law to the Facts De Novo. As noted by the Court of Appeals majority opinion, we must apply differing standards of review to a trial court's factual findings versus its legal conclusions when reviewing a trial court's ruling on a motion to suppress...

COA 2010 Minutes for January 14, 2011 (Nos. 28 - 56)

Posted on January 17, 2011
COA 2010 Minutes for January 14, 2011 (Nos. 28 - 56) Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived minutes links Total number of decisions: 29 Published Decisions: Six (29, 31, 45, 47, 50, 51) PUBLISHED DECISIONS (with link to full text at AOC): 29...

Std of Review: When failed to preserve error for appeal (palpable error, manifest injustice)

Posted on January 17, 2011
In Elwell, this Court traced the history and purpose of the civil rule relating to the preservation and identification of error for review. The rule is designed to save the appellate court the time of canvassing the record in order to determine if the claimed error was properly preserved for appeal...

Std. of Review: On appeal re modification of child support

Posted on January 17, 2011
this Court will review a family court?s decision to modify a child support order or to deviate from the child support guidelines and determine whether the family court?s decision was an abuse of discretion. Goldsmith v. Bennett-Goldsmith, 227 S.W.3d 459, 461 (Ky...

Std. of Review: Of circuit court judge (bench trial) findings of fact and law

Posted on January 17, 2011
This case was tried without a jury, the circuit judge acting as fact-finder. An appellate court will set aside a circuit court?s findings of fact only if those findings are clearly erroneous. CR 52.01. In sum, only if reasonable minds could not differ with Javier?s contention that it was not overpaid will we set aside the circuit court?s findings of fact on this point...

Std. of Review: Administrative Due Process

Posted on January 17, 2011
As noted by the Board, ?The essential requirements of due process . . . are notice and an opportunity to respond.? Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985). The Board cited D. H. Overmyer Co., Inc...

Std. of Review: Summary Judgment on Appeal

Posted on January 17, 2011
The standards for reviewing a circuit court?s entry of summary judgment are well-established and were concisely summarized by this Court in Lewis v. B & R Corp., 56 S.W.3d 432 (Ky. App. 2001): The standard of review on appeal when a trial court grants a motion for summary judgment is ?whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law...

Std. of Review: Administrative agency's findings of fact and conclusions of law

Posted on January 17, 2011
REVIEW OF ADMINISTRATIVE DECISION: When this Court reviews an administrative decision, ?if there is substantial evidence in the record to support an agency's findings, the findings will be upheld, even though there may be conflicting evidence in the record...

November 2010 COA Minutes for Each Week and Monthly Summary of Published Decisions

Posted on January 11, 2011
KENTUCKY COURT OF APPEALS PUBLISHED OPINIONS The minutes with all published and nonpublished Nov. 2010 decisions: 5th 12th 19th 24th Link to COA Summary of Published Decisions for Nov. 2010 I. ATTORNEY AND CLIENT A. Jenkins v. Jenkins 2009-CA-000378 11/5/2010 2010 WL 4366065 Opinion by Judge Thompson; Chief Judge Taylor and Judge Moore concurred...

Previous | Next

Related Law Bulletins

The Grave Risk of Harm Defense in Hague Child Abduction Cases
A major debate is under way as to the future of the “grave risk ...

Get Your H-1B Cases Ready Now To File On April 1 for October 1, 2007 Start Date
The U.S. Citizenship and Immigration Services (USCIS) will begin a...

Czech procedure for Hague Convention international child abduction cases
International child abduction cases in the Czech Republic will be ...

German Failure to Expedite Hague Child Abduction Cases
It is our personal experience handling international child abducti...

Developments in Portland and Spokane Catholic Church Bankruptcy Cases
On April 17, U.S. Bankruptcy Judge Elizabeth Perris formally appro...