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Kentucky

Kentucky Cases

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

Post Frequency: 11.5/day

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

Defenses: Statute of limitations and relation back of amended pleadings

Posted on January 11, 2011
Generally speaking, ?[a] new party cannot be brought into a lawsuit by amended complaint when the statute of limitations governing the claim against that party has already expired.? Combs v. Albert Kahn & Associates, Inc., 183 S.W.3d 190, 194 (Ky. App...

COA 2010 Minutes for January 7, 2011 (Nos. 1 - 27)

Posted on January 10, 2011
COA 2010 Minutes for January 7, 2011 (Nos. 1 - 27) 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: 27 Published Decisions: 1 (15) Other actions by COA: Denied petition for rehearing: Dominic Gales v...

Defenses: Blackout Defense

Posted on January 10, 2011
Mahanes argues the ?blackout? defense instruction was erroneously tailored to Shugars rather than worded in terms of the ordinary person. Shugars responds that the court?s instruction is nearly verbatim to the version appearing in John S. Palmore, Kentucky Instructions to Juries § 16...

Std. of Review: Alter decision of Workers Compensation Board

Posted on January 10, 2011
This Court is permitted to alter a decision of the Workers? Compensation Board ?only where the . . . Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice...

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SCOKY Oral Arguments for January 2011

Posted on January 10, 2011
SCOKY Oral Arguments for January 2011 Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here). If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, THEN Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those "accepted for oral argument...

COA Argument Calendar for January 2011

Posted on January 03, 2011
COA Argument Calendar for January 2011 Dates: Jan. 10 @ Louisville Jan. 24 @ Frankfort 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: Monday, January 10, 2011 01:15 PM http://apps...

COA 2010 Minutes for December 17 , 2010 (Nos. 1185-1201)

Posted on January 03, 2011
COA 2010 Minutes for December 17 , 2010 (Nos. 1185-1201) 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: 17 Published Decisions: 4 (1189; 1194; 1197; 1198) Other actions by COA: Published Sangster v...

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

Posted on December 28, 2010
STANDARD OF REVIEW of ADMINISTRATIVE AGENCY'S FINDINGS OF FACT AND CONCLUSIONS OF LAW: As the circuit court correctly noted, an administrative agency?s findings of fact are reviewed for clear error, and its conclusions of law are reviewed de novo. ?The judicial standard of review of an unemployment benefit decision is whether the [Commission?s] findings of fact were supported by substantial evidence and whether the agency correctly applied the law to the facts...

Std. of Review: Waiver of civil venue

Posted on December 28, 2010
This decision addressed venue waiver and a default judgment: Relying on Cash v. E'Town Furniture Co., 363 S.W.2d 102 (Ky. 1962), Winkler argues that he never waived his right to object to venue. In Cash, The issue of law presented is whether a judgment by default may be rendered against a defendant in a transitory action where the defendant is not a resident of the county in which the action was brought, nor was he served with summons in that county, nor did he make defense to the action before judgment was entered...

Std. of Review: Appellate review of an otherwise unappealable interlocutory order

Posted on December 27, 2010
Standard of review re unappelable interlocutory order. Under KRS 417.060, a person may seek a judicial order to compel arbitration upon a showing that a valid arbitration agreement exists and that the opposing party refuses to arbitrate. If the opposing party challenges the existence of a valid arbitration agreement, the circuit court ?shall proceed summarily to the determination of the issue so raised...

Std. of Review: Judgment Notwithstanding the Verdict (JNOV)

Posted on December 24, 2010
At the outset, we note that a motion for JNOV shall not be granted unless ?there is a complete absence of proof on a material issue or if no disputed issues of fact exist upon which reasonable minds could differ.? Bierman v. Klapheke, 967 S.W.2d 16, 18-19 (Ky...

Std. of Review. Contracts, latent ambiguity (not appellate review but thought worth noting).

Posted on December 23, 2010
Contract language,like statutory language, may be clear on its face and yet contain a latent ambiguity. Thornhill Baptist Church v.Smither, 273 S .W.2d 560, 567 (Ky. 1954);see also Carroll v.Cave Hill Cemetery Co., 172 Ky.204, 189 S .W . 186, 190 (1916) ("A latent ambiguity is one which does not appear upon the face of the words used, and it is not known to exist until the words are brought in contact with the collateral facts...

Std. of Review: Statutory construction

Posted on December 21, 2010
Matters of statutory construction are subject to de novo review and this Court is not bound by the trial court?s interpretation. Halls Hardwood Floor Co. v. Stapleton, 16 S.W.3d 327, 330 (Ky. App. 2000). However, when there are questions of fact, or mixed questions of law and fact, we review the trial court?s decision pursuant to the clearly erroneous standard...

Std. of Review: Summary Judgment - Trial and Appeal

Posted on December 20, 2010
Summary judgment is a stringent standard. It serves to terminate litigation where ?the pleadings, depositions, answers to interrogatories, stipulations, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law...

Std. of Review: Directed Verdict (Criminal Case)

Posted on December 20, 2010
"On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal." Commonwealth v. Benham, 816 S...

Minutes: SC Minutes for Dec. 18, 2010 posted.

Posted on December 19, 2010
SCOKY Minutes for Dec. 18, 2010 posted. More details will follow. For you iPad readers. Download GoodReader, and when you have the minutes in PDF in your iPad, then right click on top right hand corner and you will be then given option of opening document in Goodreader AND the HOT LINKS TO THE DECISIONS WORK!!!

Attorneys: Disciplinary Actions Nov. 2010

Posted on December 19, 2010
OPINIONS AND ORDERS - NOVEMBER 18, 2010 Disciplinary Actions KENTUCKY BAR ASSOCIATION V. JENNIFER SUE WHITLOCK TO BE PUBLISHED 2010-SC-000538-KB IN SUPREME COURT OPINION AND ORDER SUSPENDED RESPONDENT FROM THE PRACTICE OF LAW FOR ONE YEAR FROM THE DATE OF THIS ORDER...

COA 2010 Minutes for December10 , 2010 (Nos. 1150-1184)

Posted on December 19, 2010
http://opinions.kycourts.net/coa/2010-CA-001080.pdfhttp://opinions.kycourts.net/coa/2010-CA-001136.pdfCOA 2010 Minutes for December 10 , 2010 (Nos. 1150-1184) Click on the above link for the full text of minutes with link to full text of each decision...

Std. of Review: Summary Judgment on Appeal

Posted on December 19, 2010
SUMMARY JUDGMENT REVIEW ON APPEAL: "The standard of review on appeal of a 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: Admissibility of Evidence

Posted on December 19, 2010
Evidence is only relevant if it has a tendency to make a fact of consequence to the determination of the case more or less probable than it would be without the evidence. KRE 401. See also Kroger Co. v. Willgruber, 920 S.W.2d 61, 67 (Ky. 1996). If the evidence is a "link in the chain" of proof, it is relevant...

Standards of Review Topic Added

Posted on December 19, 2010
I have noted in reviewing these decisions that many of the decisions include the standards of review by the appellate courts. I understand there was a seminar at the LBA that addressed these, and if the presenter would provide that to me and consent to its publication (with attribution of course), I would be more than glad to share that with others...

COA 2010 Minutes for December 3 , 2010 (Nos. 1126-1249)

Posted on December 19, 2010
COA 2010 Minutes for December 3 , 2010 (Nos. 1126-1249) 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: 24 Published Decisions: 4 (1126; 1132,1134; 1140) PUBLISHED DECISIONS (with link to full text at AOC): 1126...

COA 2010 Minutes for November 24 , 2010 (Nos. 1108-1125)

Posted on December 17, 2010
COA 2010 Minutes for November 24 , 2010 (Nos. 1108-1125) 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: 182 Published Decisions: 4 (1112; 1113; 1114; 1125) PUBLISHED DECISIONS (with link to full text at AOC): 1114...

iPad Tech Note

Posted on December 15, 2010
Some time ago I remarked for the need/recommendation/help for the admin techs at the AOC in published their minutes of decisions to "fix" the links to the full text of decisions by changing their scripts to allow the user in their iPads to follow the link to the full text of the decisions...

SCOKY: Minutes for Nov. 18, 2010 posted

Posted on December 15, 2010
Ky Supreme Court Minutes for Nov. 18, 2010 have been posted. Click here for full text of minutes which includes links to full text of each published and nonpublished decision. Decisions 246 through 264 - 17 decisions with 10 published PUBLISHED: 246. JAMES F...

SCOKY Oral Arguments for DECEMBER, 2010

Posted on December 15, 2010
SCOKY Oral Arguments for DECEMBER, 2010 Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here). If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, THEN Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those "accepted for oral argument...

COA 2010 Minutes for November 19 , 2010 (Nos. 1088-1107)

Posted on December 15, 2010
COA 2010 Minutes for November 19 , 2010 (Nos. 1088-1107) 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: 19 Published Decisions: 2 (1089; 1091) PUBLISHED DECISIONS (with link to full text at AOC): 1089...

COA 2010 Minutes for November 12, 2010 (Nos. 1072-1087)

Posted on December 15, 2010
COA 2010 Minutes for November 12 , 2010 (Nos. 1072-1087) 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: 16 Published Decisions: 2 (1072; 1076) PUBLISHED DECISIONS (with link to full text at AOC) 1072...

COA 2010 Minutes for November 5, 2010 (Nos. 1057-1071)

Posted on November 22, 2010
COA 2010 Minutes for November 5, 2010 (Nos. 1057-1071) Above link to minutes is 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: 15 Published Decisions: 4 (1060; 1062; 1064; 1068) 1060...

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

Posted on November 22, 2010
Here are the links to the minutes for each week of the COA Minutes and a Link to the Monthly Summary for October 2010. Oct 1, 2010 Minutes Oct 8, 2010 Minutes Oct 15, 2010 Minutes Oct 22, 2010 Minutes Oct 29, 2010 Minutes Link to COA Summary of Published Decisions for Oct...

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