Kentucky

TORTS: South Carolina Opens Door to Negligent Hiring Claim

Posted on March 24, 2008
John Day at Day on Torts Blog posts on a South Carolina decision - South Carolina Opens Door to Negligent Hiring Claim. Does anyone know if that door has been opened or closed here in Kentucky? If so, post the case in comments (and I will move it up here!).

FAMILY LAW: "Untangling the Knots of Child Custody Relocation Litigation"

Posted on March 24, 2008
Untangling the Knots of Child Custody Relocation Litigation By Michelle Eisenmenger Mapes, Published in Louisville Bar Briefs, March 2008, Volume 08, No. 3 Your client asks you, "What does it mean to be a primary residential custodian? What effect does it have? After our divorce is final, can my spouse move and take my children away?" Good questions...

PENDING: House Bill 534 (Require notice of expired workers' compensation policies)

Posted on March 23, 2008
Amendment offered by Rep. Brent Yonts on March 3, 2008, to require the executive director of the Office of Workers' Claims to notify a named beneficiary of cancellation or termination of workers' compensation insurance coverage. http://www.kentuckyvotes...

6th Cir. Decisions for Week of Mar. 17-21, 2008 (2 Pub. Ky decisions; 3 NPO)

Posted on March 23, 2008
6th Cir. Decisions for Week of Mar. 17-21, 2008 (2 Pub. Ky decisions; 3 NPO); civil cases briefly digested; all published and nonpublished decisions for week listed with links to full text of decisions at official web site of US COA for Sixth Circuit.

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

PENDING: House Bill 709 (Medical malpractice reform)

Posted on March 22, 2008
Introduced by Rep. Bob M DeWeese on March 3, 2008, to submit to the voters an amendment to the Constitution of Kentucky that would allow the General Assembly to create statutory provisions relating to medical malpractice, including provisions for alternative dispute resolution, statutes of limitation or repose, peer review, expert witnesses, certificates or merit, and collateral source payments...

PENDING: House Bill 405 (Increase child support payment enforcement)

Posted on March 22, 2008
Reported in the House on February 29, 2008, favorably, 1st reading, to Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=58343

PENDING: House Bill 660 (Tampering with a witness)

Posted on March 22, 2008
Introduced by Rep. Kathy W Stein on February 27, 2008, to include tampering with a witness as an offense for which law enforcement and prosecutors are to provide information to a victim or witness. http://www.kentuckyvotes.org/Legislation.aspx?ID=60385

PENDING: House Bill 659 (Prohibit execution of defendants with severe mental disorders)

Posted on March 22, 2008
Introduced by Rep. Kathy W Stein on February 27, 2008, to define when a defendant has a severe mental disorder which prevents the defendant from assisting in his or her post-conviction defense and prohibit execution if disability is determined. http://www...

PENDING: House Bill 657 (New tax on sexually oriented businesses)

Posted on March 22, 2008
Introduced by Rep. Thomas J Burch on February 27, 2008, to establish a $10 fee to be imposed on certain sexually oriented businesses for each entry by each customer to the sexually oriented business and require the sexually oriented business to record and maintain records of each entry...

PENDING: House Bill 648 (Functions of a notary public)

Posted on March 22, 2008
Introduced by Rep. Arnold Simpson on February 27, 2008, to provide for comprehensive statutory coverage of notaries public. http://www.kentuckyvotes.org/Legislation.aspx?ID=60373

PENDING: House Bill 440 (Increase regulation of agreements between insurance companies and doctors)

Posted on March 22, 2008
Reported in the House on February 27, 2008, favorably, 1st reading, to Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=58424

PENDING: Senate Bill 199 (Follow old American Medical Association disability guidelines)

Posted on March 22, 2008
Introduced by Sen. Ray S Jones, II on February 27, 2008, to adopt the fifth edition of the American Medical Association (AMA) "Guides to the Evaluation of Permanent Impairment". http://www.kentuckyvotes.org/Legislation.aspx?ID=60395

PENDING: Senate Bill 198 (Contractor liability in workers' compensation)

Posted on March 22, 2008
Introduced by Sen. Ray S Jones, II on February 27, 2008, to require that a contractor is liable unless the subcontractor makes payment of compensation required under the workers' compensation law. http://www.kentuckyvotes.org/Legislation.aspx?ID=60394

PENDING LEGISLATION: Senate Bill 197 (Workers' compensation lump sum benefits)

Posted on March 22, 2008
Introduced by Sen. Ray S Jones, II on February 27, 2008, to require that an award for income benefits with a present value of $25,000 or less be paid in a lump sum upon request of the employee and approval of an administrative law judge. http://www.kentuckyvotes...

PENDING LEGISLATION: House Joint Resolution 176 (Set up consumer information hotline)

Posted on March 22, 2008
Introduced by Rep. Larry Belcher on February 27, 2008, to direct the Environmental and Public Protection Cabinet to set up a single, toll-free consumer information hotline and advertise financial, insurance, and long-term care consumer products. http://www...

BLOGS: Kentucky governor allows state workers to access blogs

Posted on March 22, 2008
Thanks to Marcia Oddi at the ILB for letting me know what's happening in my own back yard as "Kentucky governor allows state workers to access blogs". Reversing a policy set by former Gov. Ernie Fletcher's administration, state-owned computers used by executive branch employees can now access blogs...

UofL Law: Kudos: Diversity Award to Law Library Robin Harris

Posted on March 22, 2008
Kudos: Diversity Award Congratulations to Law Librarian, Robin Harris, who along with Dean Chen, was present to accept the first-runner up prize of $5,000 for the inaugural President's Diversity Vision Award at a ceremony on Monday, March 17. Ms. Harris is Chair of the law school's Diversity Committee whose mission is to to develop programming that supports race and gender diversity, inclusiveness and equity...

LAWWIRE: Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07)(COA)

Posted on March 22, 2008
Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 30 rendered decisions Nos...

FAMILY LAW: "Remedies Available Following Claim Of Fifth Amendment Privilege In Divorce"

Posted on March 21, 2008
Remedies Available Following Claim Of Fifth Amendment Privilege In Divorce By Sarah Jost Nielsen, published in The Advocate, The Kentucky Justice Association, March/April 2008, Volume 36, No. 2. Here is an opening extract from the published piece. Full text is available by clicking here...

Minutes for Kentucky Court of Appeals for March 21, 2008 (COA)(2008:15)

Posted on March 21, 2008
Minutes for Kentucky Court of Appeals for March 7, 2008 (COA)(2008:15) 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. 42 rendered decisions - Numbered 346-388 5 published Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Supreme Court for Mar 20, 2008 (2008:14)

Posted on March 21, 2008
Click here for minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 21 rendered decisions: 50-70 9 published (50-58) 7 disciplinary matters (4 published) 5 of 44 cases granted discretionary review - 11...

TRIAL VIDEOS: Joint project between TechnoEsq.com and Kentucky Law Review (BLOG) to post on-line videos of portions of trials kicks off with Opening Statements from the Ogburn v. McDonald's trial

Posted on March 20, 2008
Kentucky Law Review, in collaboration with TechnoEsq, is seeking to make available the trial videos of numerous newsworthy and interesting trials from across Kentucky. Every lawyer knows the benefit in watching how other attorneys work and present cases...

AOC NEWS: Judges successfully mediate felony cases for first time in Clay County

Posted on March 20, 2008
Judges successfully mediate felony cases for first time in Clay County 41st Judicial Circuit is only third circuit in Kentucky to use settlement method to resolve felony matters.

JEFFERSON COURTS: 2008 Judcial Candidates Survey by Louisville Bar Association

Posted on March 19, 2008
A total of 15 candidates were on the ballot for an open seat in the Jefferson District Court (Division 16), four candidates listed for the seat in Jefferson Circuit Court (Division 4), and two candidates for the seat in the Kentucky Supreme Court. The poll's results are available at the LBA web site by CLICKING HERE...

UofL Law: Professor Eades' Retirement Dinner - Reserve by April 8 for April 11 Dinner

Posted on March 19, 2008
You are invited to a Dinner on the occasion of Professor Ron Eades' retirement from the University of Louisville School of Law, after 31 years of service to the law school, the university, the profession, and the community. The Dinner will be Friday, April 11, 2008 at the University Club on the U of L campus, from 6:00-9:00 p...

UofL Faculty Blogs: "Legal Writing Tip - Answering Questions at Oral Argument"

Posted on March 19, 2008
Here is an oral advocacy tip for those arguing cases to an appellate court (and when answering any questions presented by a judge) found at the UofL Law School's faculty blogs. The author is Ariana R. Levinson. I probably should have heeded her advice the one time I appeared at the Kentucky Supreme Court when Justice Liebson requested a remark about a question from one of the other sitting justices...

COA CASES: "Mistrial is Improper Vehicle for Correcting Jury Verdict"

Posted on March 19, 2008
From Ed Brutscher's Kentucky Tort and Insurance Law Journal - "Mistrial is Improper Vehicle for Correcting Jury Verdict" digesting and analyzing recent COA decision.

AOC NEWS: Laurel County Judicial Center groundbreaking set for March 20 has been canceled

Posted on March 19, 2008
Laurel County Judicial Center groundbreaking set for March 20 has been canceled New date for groundbreaking will be announced soon.

DENTAL: State suspends 180 dentists for nonpayment of license renewals!

Posted on March 19, 2008
The following story on dentist suspensions does not bring smiles to anyone, and in the face of health issues in Kentucky must be a source of embarassment for those in charge. Did the suspensions relate to the quality of their care? Absolutely not! It was just over their annual license fees! Cha-ching...

LAWWIRE: Feb. 1, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:06)

Posted on March 19, 2008
Feb. 1, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:06) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 39 rendered decisions Nos...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.