Kentucky

ETHICS: "Kentucky Bar Association investigates two presidents-elect"

Posted on March 18, 2008
Here is a link to a Courer-Jounal story that I find a little frustrating to read; not in the contents but in the implications prompted by the writer, in a rush for judgment and the obvious bite that it attempts to precipitate, regarding reported ethical complaints under investigation...

BLOG: Opinions, opinions, and more opinions

Posted on March 18, 2008
Just a reminder that this blog is opinions, opinions, and more opinions. It's content reflects my opinion and not necessarily the opinion of any other person living now or at any time. It is not legal advice to anyone, anywhere, or anyhow. It does not solicit business, legal or otherwise, and emails to the contrary are not answered...

MEDICAL: "Meditation Impacts Blood Pressure, Study Shows"

Posted on March 18, 2008
This UK news post is one I will have to consider in hopes that it will drop my blood pressure. If "I think, therefore, I am" satisfies my concern over my metaphysical existence, then presumably "I medidate, therefore, I am calm, cool, and collected." Meditation Impacts Blood Pressure, Study Shows The technique produces a statistically significant reduction in high blood pressure.

JEFFERSON VERDICT: Jefferson Circuit Court Jury Awards $3.25 Million Dollars to Estate of Man who died in Car Fire

Posted on March 17, 2008
LOUISVILLE, KENTUCKY (March 17, 2008) ? A Jefferson Circuit Court Jury awarded the Estate of Bernard Mulligan $3.25 million dollars for injuries suffered in a car fire resulting in Mr. Mulligan?s death. The jury deliberated for three hours at the conclusion of a four-day trial presided over by Circuit Court Judge Martin McDonald...

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JEFFERSON COURTS: "Heir's unclaimed-property inquiry leads to change in Jefferson system"

Posted on March 17, 2008
The following note from LEMME DOIT, shows how one person can make an impact: Heir's unclaimed-property inquiry leads to change in Jefferson system I need your assistance to find out why a claim that was filed last September hasn't been processed. I can't seem to contact anyone who knows about it...

6th Cir. Decisions for Week of March 10-14, 2008

Posted on March 16, 2008
Links to decisions at US Court of Appeals for 6th Cir. Decisions for Week of March 10-14, 2008 available at www.sixthcircuitcases.com

Minutes for Kentucky Court of Appeals for March 14, 2008 (COA)(2008:13)

Posted on March 16, 2008
Minutes for Kentucky Court of Appeals for March 14, 2008 (COA)(2008:13) UPDATED; AOC has updated the links in the minutes. SDS or "same day service" folks. Thanks!! NOTE: Some of the links in the Minutes for this week are 'bad' in that there is an extraneous "%20" just before the "...

STATE COURTS: "Public advocate [Ernie Lewis] warns of cuts"

Posted on March 16, 2008
Here's a story from the Herald Leader which I am posting en toto due to its importance to the legal community regarding the results of the budget cuts to the court system should they be passed: Public advocate warns of cuts Public defenders will withdraw from some misdemeanor cases, probation and parole violations and truancy cases if the House budget becomes law, the state's chief public defender said Friday...

COURTS: "Logan County to break ground for $14.7 million judicial center March 17"

Posted on March 16, 2008
Logan County to break ground for $14.7 million judicial center March 17 State and local officials, public invited to attend groundbreaking ceremony.

MEDICAL: Fasting Can Reduce Brain-Injury Impact

Posted on March 16, 2008
From UK News: Fasting Can Reduce Brain-Injury Impact A fast in the first 24 hours after a brain injury appears to prevent tissue death. Medical news stories always raise a plethora of questions as we appreciate the new developments on improving the quality of life, but alas they always raise our expectations of the medical profession and the physician's standard of care for those times when this new and helpful procedure was NOT employed as part of the treatment.

VERDICTS: $5.14 million dollar verdict in McCreary County in wrongful death case

Posted on March 16, 2008
AP Story from WAVE 3 reports that Gary Crabtree, a London attorney who represented the family obtained a $5.14 million dollar verdict from a wrongful death case in McCreary County. [If anyone wishes to scan in PDF the actual jury instructions and verdict, I will post on the site for educational and informational purposes...

FEDERAL COURTS: Federal judge shoots down Kentucky law barring non-citizens from carrying concealed weapons

Posted on March 16, 2008
From the Herald Leader, 3/16/08: Federal judge revokes gun law A federal judge has stopped enforcement of a Kentucky law barring non-citizens from carrying concealed deadly weapons. The law is written too broadly and violates the rights of attorney Alexander M...

OP-ED: Remarks on CJ story entitled "Chief justice calls proposed budget cuts a terrible mistake"

Posted on March 16, 2008
The recent AOC budget cuts prompted a response by Chief Justice Lambert. My initial reaction is that in lean times all must tighten up their belts a notch or two. However, the real question is how many notches and what will be the impact from those notches when it comes to the administration of justice...

ARGUMENTS: Supreme Court of Kentucky will hear oral arguments in Northern Kentucky April 16-17

Posted on March 16, 2008
Supreme Court of Kentucky will hear oral arguments in Northern Kentucky April 16-17 All Supreme Court sessions are open to the public.

HEALTH: Drugs traces in drinking water

Posted on March 11, 2008
Drugs traces in drinking water courier journal, 3/10/2008 Trace amounts of pharmaceutical drugs are lurking in Louisville's drinking water, including one used to treat people with bipolar disorder and alcohol withdrawal, and another prescribed to combat seizures.

LOUISVILLE: Judge Gibson temporarily suspends district court rules regarding standing objections pending her further review

Posted on March 11, 2008
We previously posted stories on the standing objection policy in the Jefferson District Court. Today Jefferson Circuit Court Judge Susan Gibson put the policy on hold pending further review by her. Here is the Courier journal story by Jason Riley. Click on the heading for his entire story...

CRIMINAL: Jury still deliberating sentence in murder

Posted on March 11, 2008
Jury still deliberating sentence in murder from courier journal 3/11/08 A Jefferson Circuit Court jury will resume deliberating today after failing to decide last night whether to recommend a death sentence for a Louisville man convicted in the murder of a man off Outer Loop last year.

COURTS: Briefcase causes scare at federal courthouse

Posted on March 11, 2008
Briefcase causes scare from courier journal 3/11/08 A briefcase left unattended on the steps of the federal courthouse caused a scare yesterday prompting police to close down two blocks of Broadway during rush hour and bring in a robot to blow it up.

PENDING: Amusement ride-safety bill gains Senate approval

Posted on March 11, 2008
Amusement ride-safety bill gains Senate approval FROM COURIER JOURNAL 3/11/08 The state Senate today unanimously passed a bill that would tighten the state's regulation of amusement park rides in the wake of an accident at Kentucky Kingdom last summer that severed a teenager's feet.

UofL Law: Law School Negotiations Team Recognized on UofL Website

Posted on March 10, 2008
Law School Negotiations Team Recognized on UofL Website UofL's negotiations team's national win has been recognized by the university. To view the story, click here: http://php.louisville.edu/news/news.php?news=1111.

EPIPHANY?: On a Merton anniversary, the challenge to share your epiphany

Posted on March 10, 2008
Former LBA President Thomas Williams writes a piece for the editorial page of the Courier Journal regarding the 50th Anniversary of Thomas Merton aka Father Louis' epiphany at the corner of 4th and Market (now Ali) in Louisville. Williams discusses the epiphany, Louisville, the people here, and the opportunity for you to share your epiphany on line with others...

LETTERS TO ED: Letters: Justice secretary explains status of Legal Aid

Posted on March 10, 2008
Letters: Justice secretary explains status of Legal Aid from the Courier Journal, 3/9/2008

BOOK REVIEW: "Kentucky Lawyer" by Mac Swinford reviewed by Judge Boyce Martin

Posted on March 10, 2008
Book review in courier journal: Honoring Kentucky lawyers By Boyce F. Martin Jr. Special to The Courier-Journal A drunk lawyer is stuck in his shirt. A woman rents out her baby. A ghost story. Get a mug of hot chocolate, pull up a chair in front of the fire, and listen to true stories at the feet of one of the longest-serving judges in United States history...

MEDICAL: Malingering Tests - Tea Leaves or Science?

Posted on March 09, 2008
I am going to try and revive some life into my blog "Kentucky Tort Report" which focuses on torts, insurance, and personal injury plus trial and civil procedure issues. Other than announcing I was back, here is my first post: MEDICAL: Malingering Tests - Tea Leaves or Science?

Minutes for Kentucky Court of Appeals for March 7, 2008 (COA)(2008:12)

Posted on March 08, 2008
Minutes for Kentucky Court of Appeals for March 7, 2008 (COA)(2008:12) 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. 37 rendered decisions - Numbered 280-316 4 published 287 Kentucky School Board Assoc...

TECH: "Dictate" Speech Recognition Program for Apple gets "Thumbs Up" Review

Posted on March 08, 2008
As a recent Mac-convert, I keep a watchful eye on the programs that can make my life easier on this new machine. For example, the Keynotes presentation software is first rate and light years ahead of PowerPoint. Well, here's a post at TechnoEsq reqarding a speech transcription program which works on a Mac and uses the Dragon Speak technology...

WORKERS COMP: Florida law limiting attorney fees in Worker Comp. cases to be heard by Fla. Sup. Ct. and may set precedent

Posted on March 08, 2008
Thanks to Lawreader for highlighting this interesting story from Florida regarding the concerns on how state legislation regulating the claimant's attorneys fees but not regulating how much the insurer/employer pays their lawyers in attorneys fees might be violative of equal protection...

COMAIR: Lawyer: Co-pilot who survived deadly crash wants to fly again

Posted on March 08, 2008
Lawyer: Co-pilot who survived deadly crash wants to fly again WAVE3 The lawyer for the co-pilot at the controls when a Comair jet crashed in Kentucky killing 49 people says his client is determined to fly again.

UofL Law: Faculty in the News - Andy Long, Dean Chen, Ariana Levinson, and Jim Jones Noted

Posted on March 08, 2008
Kudos for February 2008 Andy Long gave a presentation at William & Mary School of Law on February 2 as a participant in the William & Mary Environmental Law & Policy Review's symposium. He spoke on the relevance of international environmental law for U...

COMAIR: Comair wants to speed up trial against FAA

Posted on March 07, 2008
Comair wants to speed up trial against FAA HERALD LEADER Comair's attorneys have asked a judge to sort out their case against the Federal Aviation Administration before a trial begins that will determine negligence for the 2006 plane crash that killed 49 people.

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