Kentucky

State lawmaker?s employer is building a courthouse he helped fund

Posted on March 28, 2011
From Bluegrass Politics Blog: State lawmaker?s employer is building a courthouse he helped fund

Kentucky Court Report Postings for Mar. 27, 2011

Posted on March 27, 2011
Attorney Discipline - December 2010 SCOKY MONTHLY CASE SUMMARY REPORT: January 2011

Legal News Headlines - Mar. 26, 2011

Posted on March 26, 2011
Gov. Steve Beshear vetoes most provisions of Medicaid bill Kelly prosecution moves to federal court with potential death penalty charge Munfordville Tragedy 1 Year Later: Relatives recall deadly wreck that claimed Mennonite family, trucker Lawyer says right to religious liberty protects Amish sect's refusal to use safety triangles on buggies Special judge rejects Messer's appeal of suspension Lawyer for Jeffersonville man charged with murder says client acted in self-defense Kentucky Supreme Court upholds temporary execution ban Former Louisville baseball player's attorney fights shooting case going to grand jury Lawyers in Kentucky, two other states seek execution drug probe Karen Sypher loses another bid for a new trial in Rick Pitino extortion case Expert questions ethics of using MSD board members' companies Embattled fen-phen lawyer in more trouble

Embattled fen-phen lawyer in more trouble

Posted on March 26, 2011
From Courier Journal: Embattled fen-phen lawyer in more trouble

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Legal Blog News Updates - March 26, 2011

Posted on March 26, 2011
Attorneys are using internet chat sites to test out legal theories with the public Courts - "Minnesota Supreme Court Issues Test Period for Cameras in the Courtroom" ExhibitView ? Most Affordable Trial Presentation Software Available MUST THE FEN PHEN PLAINTIFFS RETURN THE $23 MILLION DOLLARS NOW THAT THE COURT OF APPEALS HAVE SET ASIDE THE SUMMARY JUDGMENT IN THE CIVIL CASE? Judicial Nominations: A Judge's Perspective and Reflections Courts - Do indigent persons have a constitutional right to counsel if they face jail for failing to pay child support? Arbitration Moot Court Competition 29 high school teams to compete for state title at Kentucky High School Mock Trial Tournament March 18-20 in Louisville from Kentucky...

Free iPad for Lawyers Online Seminar ? sponsored by Rocket Matter

Posted on March 26, 2011
From Louisville Attorney Finis Price's Blog at TechnoEsq.com Free iPad for Lawyers Online Seminar ? sponsored by Rocket Matter from TechnoEsq by Finis Price In collaboration with my favorite Online Case Management software, Rocket Matter, I am doing a free iPad seminar this Thursday at 12:00 EST...

Kentucky Court Report Posts for March 24 - 26, 2011

Posted on March 26, 2011
COA 2011 Minutes for March 11, 2011 -- Nos. 224 - 262 COA 2011 Minutes for March 4, 2011 -- Nos. 202 - 223 STD OF REVIEW: Appellate review of inadequate or inconsistent damages Rules: Statutory interpretation Defenses: Qualified official immunity (sovereign immunity) Causes of Action: Premises Liability, slip and fall in motel bathtub; Business invitee EVIDENCE: Collateral source rule in FELA case Cause of Action: Duty owed to invitee (with McIntosh) Standards of Review: Appellate review of jury instructions Standards of Review: Appellate review of trial judge's evidentiary rulings Causes of Action: Tortious Interference with Employment Contract Causes of Action: Defamation Elements; and Defense of Qualified Privilege Defense (employment)

Ky Court Report Postings for March 13, 2011

Posted on March 13, 2011
SCOKY Oral Arguments for March 2011

Day on Torts - Tennessee Tort Law Blog Worth a Read

Posted on March 10, 2011
John Day has an outstanding blog in Tennessee. Here is a taste of this most recent posts: Anti-Tort Reform Article Leading Tennessee Tort Cases - Duty - Duty Arising Because of Special Relationship Truck Driver Has A Duty Not To Park Along Roadside Personal Injury Claims and Bankruptcy Petitions Leading Tennessee Tort Cases - Duty - Generally Why Is It That Tort Reformers Can't Shoot Straight With the Public? SCOTUS Allows Lawsuits Over Seat Belts Arizona Court Holds That Medical Expense Claims Belong to Child and Parents Ohio Speaks Out on Settlement Proposals Requiring Plaintiff's Lawyers to Indemnify Opposing Parties Hot Off the Press: Medical Malpractice and the President

Legal News Updates - March 10, 2011

Posted on March 10, 2011
Courier-Journal Federal appeals court to hear discrimination claim in girls' sport schedules Churchill Downs hires new general counsel Former judge, magistrate sentenced in Clay County vote fraud case Ky. lawmakers remain exempt from open meetings law Ex-Ky...

AOC Goes FB but My Vote for Now is TFN.

Posted on March 05, 2011
If you want to follow the Kentucky Courts AOC version of Facebook, then read as follows: Kentucky Courts Kentucky Judicial Branch launches Facebook page, Twitter feed The public can now follow the Kentucky Judicial Branch on Facebook and Twitter for information about court-related news and events...

Legal News Update - Mar. 5, 2011

Posted on March 05, 2011
From the news: Two bills to prevent elderly abuse get final OK Louisville professor facing inquiry in credit card case found dead Fired Louisville police detective Crystal Marlowe wants closed hearing in bid to get job back Fen-phen case may cost class-action expert his career Michael Carneal 'murderabilia' sales anger crime-victim advocates Panel sues city of St...

Chief Justice Minton honored for work on penal code reform

Posted on March 05, 2011
Chief Justice Minton honored for work on penal code reform Gov. Steve Beshear and the Kentucky General Assembly recognized Chief Justice John D. Minton Jr. for his efforts as a member of the Task Force on the Penal Code and Controlled Substances Act as the governor signed House Bill 463 into law March 3...

Kentucky Court Report Posts for Mar. 5, 2011

Posted on March 05, 2011
COA 2011 Minutes for Feb. 25, 2011 -- Nos. 182 - 201 COA Argument Calendar for March 2011 Trial: Supplementing Damage Interrogatory Answers AFTER close of evidence and before submitting to jury permitted Stds of Review: Reconsideration of prior trial ruling subject to abuse of discretion (and determining indispensable party)

From "Follow the Money.Org" is post on legislators and campaign donor data

Posted on February 20, 2011
From: Anne Sherwood, Communications Specialist National Institute on Money in State Politics annes@statemoney.org @MoneyInPolitics Phone 406-449-2480 The Kentucky State Legislature is in full swing, and lawmakers are looking at controversial payday lending legislation...

Legal News stories - Posted Feb. 20, 2011

Posted on February 20, 2011
Region's U.S. appeals court has been reversed 15 straight cases Man charged for Bullitt Judicial Center meth lab Karen Sypher sentenced to 7 years in Pitino extortion case Alum Argues Before U.S. Supreme Court Lawyers Mutual Insurance Agency seeking 3L students for research/development project Lawyer recants affidavit that spurred reversal of $42 million fen-phen fraud judgment Karen Sypher looking at 5 to 10 years behind bars in sentencing Friday Karen Sypher timeline Karen Sypher supporters march outside federal courthouse Karen Sypher's 'sheer greed' earns her 87 months in prison in Rick Pitino extortion Child death review panel bill may be doomed La Grange sues former mayor over missing records Whitley official apologizes for denial of records Ex-Louisville star Michael Bush had blood-alcohol level of ...

Kentucky Court Report Postings for Feb. 18-20, 2011

Posted on February 20, 2011
COA 2011 Minutes for Feb. 18, 2011 (Nos. 139 - 181) Tort Report for: Jan. 2011 (Civil Pro., Torts, Defenses, Workers Comp) Causes of Action: Torts, Premises Liability in landlord tenant context Cause of Action: Social host liability for intoxicated guest? Causes of Action: Uninsured motorist benefits (UM) damages Causes of Action: What is an accident in UM cases? Stds of Review: Jury instructions Stds of Review: Insurance Policy, Contract Interpretation

From the Kentucky Court Report - Feb. 4, 2011

Posted on February 14, 2011
COA 2011 Minutes for Feb. 4 , 2011 (Nos. 97 - 118) Cause of Action: Negligence (premises liability, building codes) Cause of Action: Defamation

Novel by Stan Billingsley - "ALICE VS. WONDERLAND A chilling satirical tale of the abuse of power in the name of lawyer's ethics enforcement."

Posted on February 14, 2011
A NOVEL BY STAN BILLINGSLEY ALICE VS. WONDERLAND A chilling satirical tale of the abuse of power in the name of lawyer's ethics enforcement. Only $19.95, shipping and handling included. Author's Pre-Publication Edition Published by LawReader Press 314 7th...

Recent legal news - Feb. 13, 2011

Posted on February 13, 2011
Big law firm faces trial in suit alleging negligence Frost law firm settles malpractice suit Judge: No new trial for Karen Sypher in Rick Pitino extortion Prosecutors accuse Sypher team of deceit, exaggeration in appeal Judge orders $7 million in damages paid to family of Comair crash victim Court: Prison officials don't have to aid case of death-row inmate Crestwood woman files nepotism complaint over Oldham deputy judge Feb 11, 2011 | By Andrea Uhde Shepherd ashepherd@courier-journal...

Recent law stories. Jan. 29, 2011

Posted on January 29, 2011
Germantown couple dismissed from volunteer positions after suit filed against archdiocese Kentucky judge faces misconduct charges Ex-MSD employee awarded $244,000 in bias suit Taco Bell takes its beef with lawsuit to public Wrongful death lawsuit filed against LMPD officer (172) (1/27/11) Couple sues archdiocese over sexual abuse issue (49) (1/27/11) Prosecutors to seek death penalty in toddler's slaying (33) (1/27/11) Lawsuit seeks child abuse records (2) (1/27/11) Jury recommends 25-year prison sentence in 2009 murder (1/27/11) Passport Health Plan contractor pays $2 million to settle fraud investigation (24) (1/26/11) Toyota recalls Lexus vehicles to fix fuel leaks (9) (1/26/11) Sixth person sues former Louisville detective and police chief over arrests (23) (1/25/11) Report: David Williams' campaign manager violated Hatch Act (12) (1/25/11) Family of crash victim sues University Hospital for releasing man police said was suicidal (22) (1/25/11) U...

Campaign contributions to presidential and senatorial candidates gets circuit judge in trouble with Judicial Conduct Commission. If so, then what about Katie King?

Posted on January 29, 2011
From the Courier Journal. Interesting story. First Amendment issues regarding financially supporting a candidate for public office seem to be no impediment to going after after a judge under the guise of "inappropriate political activity" but what about the financial activities of Katie and Jim King relative to her judicial campaigns? How much money must change family hands to get a judge elected before it is considered "inappropropriate political activity"? The financial registry, the special prosecutor, the AG office presumably do not dictate the actions for the judiciary which is a separate but equal branch of government...

Kentucky Court Report Posts for Jan. 29, 2011

Posted on January 29, 2011
COA 2011 Minutes for January 28, 2011 (Nos. 75 - 96)) Civil Procedure Protections for incarcerated defendants served in civil action addressed Std of Review: Motion to Dismiss for failure to state a claim CR 12.02(f) Libel: Four elements necessary to establish a defamation action COA Argument Calendar for February 2011 SCOKY Minutes for January 20, 2011 posted [link corrected 1...

Supreme Court of Kentucky adopts statewide rules for family law cases

Posted on January 27, 2011
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...

Kentucky Court Report Postings for Jan. 27, 2011

Posted on January 27, 2011
SCOKY Minutes for January 20, 2011 posted Attorney Discipline: Dec. 2010 Products liability and apportionment addressed regarding empty share defendants in case who had settled previously Discovery work product; common law work product protection applied in this case which is broader thatn CR 26...

LBA Section Meeting: Round Table Discussion with District Court Judges (1/28

Posted on January 27, 2011
Litigation Section Meeting Friday, January 28 Please join the Litigation section at the first meeting of 2011 on January 28th. The meeting will be held at noon at the LBA, 600 W. Main Street. This meeting will be an informal round table discussion with Jefferson County District Court Judges: David P...

Legal News Roundup: Jan. 24, 2011

Posted on January 24, 2011
Bullitt grand jury to review case against former pastor U of L Physicians to start electronic medical records Families of unsolved homicide victims plan gathering Supreme Court says Kentucky company can't fire employee's fiance Accused killer remained free on day of slaying, despite chances to jail him Lexington-area whistleblower suit headed for trial Louisville law students gain experience, help underserved through free clinic Senate bill would require Kentucky hospitals to report infections Prosecutors appeal ruling that unconscious driver can't be charged with DUI (62) (1/22/11) Widow sues government over Marine's death (33) (1/22/11) Conway wavered, but decides to seek re-election (54) (1/21/11) Prosecutor declines to recommend criminal charges in King election gift case (22) (1/21/11) Jefferson County's first-time domestic offenders get chance for clean slate with special court (37) (1/20/11) Prosecutors seeking plea deal in overturned murder case (8) (1/20/11) Ky...

Ky Court Report Postings: Jan. 24, 2011

Posted on January 24, 2011
Liability insurance step down clause to provide only minimum limts to permissive user upheld UM and UIM benefits relationship to defendant covered by exclusive remedy of workers compensation act Open Records Requests and Disclosure to Parties in Litigation Attorney Discipline: November 2010 Attorney Discipline for October 2010 SCOKY MONTHLY CASE SUMMARY REPORT: November 2010 SCOKY MONTHLY CASE SUMMARY REPORT: October 2010 December 2010 COA Monthly Summary of Published Decisions

Ky. Court Report: Postings from Jan. 21, 2011

Posted on January 22, 2011
Closing Arguments: Statement of Personal Beliefs COA 2011 Minutes for January 21, 2011 (Nos. 57 - 74) ( 6 to be published) Std. of Review: By appellate court of arbitration award

Ky Court Report Posts Jan. 17, 2011

Posted on January 17, 2011
Std. of Review: Administrative agency's findings of fact and conclusions of law Std. of Review: Summary Judgment on Appeal Std. of Review: Administrative Due Process Std. of Review: Of circuit court judge (bench trial) findings of fact and law Std. of Review: On appeal re modification of child support Std of Review: When failed to preserve error for appeal (palpable error, manifest injustice) COA 2010 Minutes for January 14, 2011 (Nos...

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