Kentucky

STATE: Fletcher nominee for Mine Safey Commission asked not to take seat

Posted on April 24, 2008
Sometimes you have to scratch a story a little to get the entire feel of it. In this following story posted at the Kentucky.com web site, it appears that Gov. Beshear is blocking an appointment entirely on his own, but as the story unfurls and a few more facts are know, former Gov...

IN MEMORIAM: William T. "Buddy" Bishop, III

Posted on April 24, 2008
Equine law specialist, trustee 'saw Keeneland grow up' [click on heading for entire story from Herald Leader] As the son of Keeneland's general manager, William T. "Buddy" Bishop III spent his childhood playing hide-and-seek in the grandstand and riding ponies over its hallowed track...

COURTS: Sarah McCray get's award and job back from improper firing by Fletcher administration

Posted on April 24, 2008
The mistakes from the Fletcher administration continue to impact our state's budgetary woes as shown in the following award in story by Stephanie Steitzer at the Courier Journal today. Fired state worker gets job, cash settlement A former Transportation Cabinet worker who was allegedly fired during the Fletcher administration for blowing the whistle in the merit system scandal has settled with the state for $500,000 and a new state job...

COURTS: New Judicial Appointee may be the first blind person to serve as judge in Kentucky

Posted on April 24, 2008
From today's Courier Journal is a story on what appears to be the state's first appointment of a blind person to be a judge. Here is an extract of the story in the Courier Journal by reporter Katya Cengel. First blind judge in Kentucky to take bench When David Holton II is sworn in this afternoon as district court judge for the 30th Judicial District, Division 16, he will become the state's first blind judge "as far as we know," said Kentucky Chief Justice Joseph Lambert...

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AOC NEWS: Kentucky Court of Appeals to hear oral arguments April 24 and 25 in Covington

Posted on April 24, 2008
Kentucky Court of Appeals to hear oral arguments April 24 and 25 in Covington The public is invited to observe the Court of Appeals as it hears oral arguments in six cases.

JEFFERSON JUDICIAL WEB SITES: Allyson Cox, Candidate for Jefferson District Court

Posted on April 24, 2008
Allyson Cox, Candidate for Jefferson District Court Web Site: http://www.cox4judge.com Blog Site: http://cox4judge.blogspot.com/

AOC: Joseph E. Lambert stepping down as Chief Justice of Kentucky - Resignation to be effective June 27, 2008

Posted on April 24, 2008
FRANKFORT, Ky., April 24, 2008 ¾ After a decade as chief justice and nearly 22 years as a justice of the Supreme Court of Kentucky, Chief Justice Joseph E. Lambert has decided to leave the court and join the Senior Judge Program. His resignation will be effective June 27, 2008...

KY BLOGS: Not All Mention of Insurance at Trial is Prohibited

Posted on April 22, 2008
Recent decision analyzed at Kentucky Tort and Insurance Law Journal busts the old saw that the mention of insurance amounts to a mistrial. What is really important about this is that there is actually a syllogism to follow regarding a ruling that the mention of insurance was improper...

IN MEMORIAM: Jefferson Circuit Court Judge Kathleen Voor Montano dies of pneumonia complications

Posted on April 21, 2008
A sad day in Jefferson County as we learned that Judge Montano passed away this morning. Here are extracts from Jason Riley's story at the Courier Journal. Click on the heading for the entire story. Judge Montano dies of pneumonia complications Jefferson Circuit Court Judge Kathleen Voor Montano died this morning from complications of pneumonia, according to court officials...

MEDICAL: 238,337 potentially preventable deaths of US Medicare patients during three year period shows where the real problem lies in the tort reford crisis? Is the AMA, KMA, and Chamber of Commerce listening? I think not.

Posted on April 21, 2008
I once heard it said the best remedy for "tort reform" was for the doctors to quit killing patients. The following story from Day on Torts referencing a study posted at seems to make the point, again. Of course, the American Medical Associal, the Kentucky Medical Association, and the U...

COA MINUTES: For April 18, 2008 (2008:19 LawWire)

Posted on April 20, 2008
Minutes for Kentucky Court of Appeals for April 18, 2008 (COA) (2008:19) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 23 rendered decisions - Numbered 462-484 3 published - 465 (Com...

6TH CIR: Decisions for week of Apr. 14-18, 2008 posted

Posted on April 20, 2008
Here is a link to the advance sheet and link to full text decisions from the US Court of Appeals for the Sixth Circuit for this week: 6th Cir. Decisions for Week of Apr. 14-18, 2008 (1 Pub Ky Decision)

MEDICAL: More on the controversial malingering test

Posted on April 20, 2008
From John Day on Torts Blog more on the Controversial Malingering Test being used by the insurance defense folks.

JUDGES: Holton appointed to Jefferson District Court and Cunningham appointed to Circuit Court

Posted on April 20, 2008
Gov. Steve Beshear has filled two vacancies in the Jefferson County court system. David L. Holton II was appointed to fill the District Court vacancy created by the move of Judge Audra Jean Eckerle to Jefferson Circuit Court. Charles L. Cunningham Jr...

DIET DRUG CASE: Judge Crittendon eyes fen-phen assets

Posted on April 19, 2008
Judge eyes fen-phen assets HERALD LEADER A special judge apparently intends to authorize fen-phen plaintiffs to go after the assets of companies associated with former attorneys Shirley Allen Cunningham Jr. and William Gallion, including sale of their interest in 2007 Horse of the Year Curlin.

COURTS: "Chera Lynn Warren of Bardwell filed the suit in Carlisle County Circuit Court against Kenneth H. Jones, who is charged with murder in the death of Perry D. Warren. "

Posted on April 19, 2008
Woman sues man charged with husband's murder HERALD LEADER A western Kentucky woman has sued a neighbor who is charged with the shooting death of her husband.

FED: Judge Braden Awards $34-Million To Former Land Owners

Posted on April 19, 2008
Judge Awards $34-Million To Former Land Owners WAVE11 LOUISVILLE, Ky. (AP) - A federal judge awarded $34.3 million to a group of former landowners in western Kentucky whose property was taken to create a World War II era military training post. Judge Susan Braden of the U...

UK Law: Law Professor Lori Ringhand Featured in National Media

Posted on April 19, 2008
Law Professor Featured in National Media Lori Ringhand, associate professor of law, was featured in the April 14 edition of the New York Times and will be featured on the weekend edition of NPR's All Things Considered.

LEGISLATURE: Clock stops, bills signed, and it must the 11 O'clock somewhere!

Posted on April 19, 2008
It looks like the Kentucky legislature is taking legal advice from Alan Jackson's song entitled "It's Five O'Clock Somewhere" as the following story from the Herald Leader claims the clocks were stopped in the capitol to continue the session. Next time, I have a motion to file or another deadline for court, I think I will just reset my computer, refuse to turn the page in my calendar, and stay frozen in time! Of course, this clock thing works for electronic filing however at Turbo Tax as an E...

WORKERS COMP: ALJ opening

Posted on April 19, 2008
The Workers Compensation Nominating Commission is now accepting resumes for positions as Administrative Law Judge (ALJ) for the Kentucky Office of Workers Claims. These are full-time positions and appointees shall not hold any other public office or maintain any private practice...

COURTS: "Chief Justice considering raising filing fees $50 to offset budget cuts"

Posted on April 19, 2008
Court filing fees going up? Seems the move is on per story by Stephen Horner from Lawreader quoting Mark Herbert - Chief Justice considering raising filing fees $50 to offset budget cuts

DIVORCE BLOGGING: Courts - "When the Ex Blogs, the Dirtiest Laundry Is Aired"

Posted on April 19, 2008
Indiana Law Blog's post is a wild story about blogging and posting and dirty laundry: Courts - "When the Ex Blogs, the Dirtiest Laundry Is Aired"

AOC: Justice Abramson to give keynote speech at Kentucky?s Law Day celebration May 1

Posted on April 19, 2008
Justice Abramson to give keynote speech at Kentucky?s Law Day celebration May 1 Justice Lisabeth Hughes Abramson of the Supreme Court of Kentucky will be the keynote speaker for the 2008 Law Day celebration at the Kentucky Capitol in Frankfort.

JUDICIAL ELECTIONS!!!! If you want your biographical information printed in The Courier-Journal's May 18 Voter Guide, you must submit it by 9 a.m. Monday.

Posted on April 19, 2008
From Courier Journal!!! Attention, candidates! If you want your biographical information printed in The Courier-Journal's May 18 Voter Guide, you must submit it by 9 a.m. Monday. (No information is needed for uncontested candidates.)

STATE: "Issue of Cowgill hiring sent to attorney general "

Posted on April 19, 2008
Issue of Cowgill hiring sent to attorney general HERALD LEADER Gov. Steve Beshear requested an attorney general's opinion Wednesday to determine whether the Council on Postsecondary Education acted legally when it hired Brad Cowgill as its president on Monday.

SIXTH CIR.: 6th Cir. Decisions for Week of Apr. 7-11, 2008 (2 Pub. Ky. Decisions)

Posted on April 14, 2008
6th Cir. Decisions for Week of Apr. 7-11, 2008 (2 Pub. Ky. Decisions) posted.

BLAWGS: "Supreme Court Clarifies Purchaser and Other Issues in Consumer Protection Act."

Posted on April 13, 2008
Here is a case update from Ed Brutcsher's Tort and Insurance Law Journal - Supreme Court Clarifies Purchaser and Other Issues in Consumer Protection Act. The Supreme Court recently published Craig and Bishop, Inc. v. Piles, et al., a case resulting in a jury verdict for violations of Kentucky?s Consumer Protection Act (KCPA).

LOUISVILLE: "Ride's maintenance not always by the book, Six Flags worker says"

Posted on April 13, 2008
More on the Six Flags Kentucky Kingdom case from the Courier Journal: Ride's maintenance not always by the book, Six Flags worker says Maintenance workers for Six Flags Kentucky Kingdom did not follow several of a ride manufacturer's instructions for caring for a cable that snapped and severed the feet of a Louisville teenager last summer, according to a maintenance supervisor's sworn statement.

FEDERAL: "Judge OKs deal requiring Massey to pay $20 million fine"

Posted on April 12, 2008
From Herald Leader: Judge OKs deal requiring Massey to pay $20 million fine A federal judge has signed off on a settlement requiring Massey Energy Co. to pay a record $20 million fine for alleged pollution violations. The agreement approved Wednesday by U...

CRIMINAL: "State's protocols on execution are ordered released"

Posted on April 12, 2008
From Herald Leader: State's protocols on execution are ordered released - A step-by-step look at how Kentucky lethally injects Death Row inmates is now public after the U.S. Supreme Court ordered the partial release of the state's execution protocols.

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