Kentucky

Medical: Preventible edical mistakes kill 98,000 annually

Posted on August 12, 2009
In the midst of the health reform and health insurance changes debate, I find the following investigatory story to be very disturbing. Even before the changes are made to increase the availability of insurance and reduce the costs, the medical profession already kills with negligence 98,000 annually! With tort reformists already wanting to put a cap on the amount of the recoveries and/or take away those injured or killed by medical mistakes to have a jury decide their cases, how do they explain mistakes that kill? One proposal is to place the decision on negligence and damages into the hands of medical experts seems absurd in light of the fact these medical experts and their health systems kill, not a few, nearly a hundred thousand yearly...

AOC NEWS: AOC encourages Kentucky schools to use new online system to speed up background checks of personnel, volunteers

Posted on August 10, 2009
FRANKFORT, Ky. -- Kentucky school systems now have access to a new process that will greatly reduce the time required to receive the results of criminal background checks for school personnel and volunteers. School systems that use AOCFastCheck will receive their reports in days instead of weeks...

KBA: The Kentucky Bar Foundation makes contribution to UofL Law's scholarship program

Posted on August 09, 2009
The following post is from the UofL Law School blogs with kudos to the Kentucky Bar Foundation and Louisville Attorney John Martin with Landrum & Shouse: The Cardinal Lawyer: Correspondence from Todd Horstmeyer and the Kentucky Bar Foundation July 28, 2009 Dear Dean Chen: Enclosed is a picture of the Kentucky Bar Foundation Secretary-Treasurer, John R...

COA 2009 Minutes: August 7, 2009 (Nos. 760-787) found at the Kentucky Court Report

Posted on August 09, 2009
COA 2009 Minutes: August 7, 2009 (Nos. 760-787) 28 decisions 6 published 760 - Price v. Garcia Police officer testimony pertaining to weather conditions permitted but not qualified to testify as expert as to area of impact - expert required. 762 - New Life Cleaners Parol evidence rule, mistake of law vs...

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DEPOSTIONS: Cross-examination by the use of compelled witness drawings should be a "no no"

Posted on August 07, 2009
How many times at a deposition have you seen a lawyer ask a witness other than his client to draw the accident scene with location of the cars, area of impact, lanes of travel, etc.? We have all been trained to draw conclusions from questions and answers, but drawing diagrams is a whole new area for us to "Gogh"...

FEDERAL: "Nursing student, expelled over blog, ordered reinstated"

Posted on August 07, 2009
From Courier Journal: Nursing student, expelled over blog, ordered reinstated A federal judge has ordered the reinstatement of a University of Louisville nursing school student who had been expelled for writing a blog post describing a patient giving birth.

FEDERAL: "Judge denies injunction to stop kindergarten busing"

Posted on August 07, 2009
From Courier Journal: Judge denies injunction to stop kindergarten busing U.S. District Judge John Heyburn rejected a motion Tuesday to halt 2009-10 kindergarten assignments under Jefferson County Public Schools' new assignment plan ? but legal challenges remain.

CRIMINAL CASES: "Stinson's attorneys ask judge to prohibit testimony about water breaks and running"

Posted on August 06, 2009
Weeks before trial, and defense counsel file interesting motion claiming prosecutors have no scientific evidence to back up claims. From Courier Journal. Stinson's attorneys ask judge to prohibit testimony about water breaks and running Attorneys for former Pleasure Ridge Park football coach Jason Stinson want a judge to keep out testimony from his trial that players were denied water or ran more than normal at a practice last year where sophomore lineman Max Gilpin collapsed and later died, saying the allegations are not relevant to the teen's death...

NEWS: Legal stories from around the state

Posted on August 06, 2009
Driver pleads not guilty in triathlete's death The driver charged in the death of a bicyclist Saturday pleaded not guilty during an arraignment Monday morning. Police say Kenneth Yates, 25, of Louisville, was driving drunk when he struck and killed John Carr, 47, on Chamberlain Lane...

GOVERNMENT: Kentucky Retirement system's land deal criticized by state auditors

Posted on August 06, 2009
I will spare you one of my diatribes on the government's mishandling of government pensions and the neverending drain. From the Courier Journal: Retirement systems' land deal criticized FRANKFORT, Ky. ? State auditors have released a report sharply criticizing the Kentucky Retirement Systems for a bad real-estate deal in 2006.

NEWS: "State auditor releases alert in light of Bullitt online theft"

Posted on August 06, 2009
From Courier Journal: State auditor releases alert in light of Bullitt online theft State Auditor Crit Luallen recommends an in-depth defense when it comes to technology security for local governments. Luallen released an ?Auditor's Alert? Wednesday in light of the Bullitt County electronic payroll theft of $415,989...

CIVIL CASES: "Widow of fatal Comair flight wants trial"

Posted on August 06, 2009
From Courier Journal is following story of remaining Comair case with widow willing to let the jury decide the case! Widow of fatal Comair flight wants trial Comair spokesman Jeff Pugh cited the pending litigation and declined to comment on the case, other than saying the airline was trying to settle with Hebert...

UofL Law: July Faculty Kudos

Posted on August 05, 2009
July's Kudos taken en toto from the UofL Law School Blog: Linda Ewald served on a panel on the new Rules of Professional Conduct at the KBA Convention in Covington and was reappointed as chair of the KBA Ethics Committee, a position she?s held since 2001...

LAWYERS: "Remembering Lively Wilson"

Posted on August 04, 2009
From UofL Law School Blog Remembering Lively Wilson By rbwimb01 on Student Lively Wilson was an admired and respected member of the legal profession who made a significant impact on the judicial system in Southern Indiana and Kentucky. A native of Kentucky and a Harvard Law School graduate, he was a role model and mentor to an entire generation of lawyers in the region...

CRIMINAL NEWS: Justice Cabinet releases annual report on hate crimes

Posted on August 03, 2009
Justice Cabinet releases annual report on hate crimes The Kentucky State Police reported 56 incidents of hate crime in 2007, 13 percent fewer than in 2006, according to a recent report released by the Kentucky Justice and Public Safety Cabinet. Compared to the surrounding states, Kentucky reported fewer hate crimes than Missouri, Illinois, Tennessee, Ohio, and Virginia, but more hate crimes than Indiana and West Virginia.

CRIMINAL CASES: James Earhart appointed by court to represent Karen Sypher

Posted on August 02, 2009
Courier Journal story: Sypher back in court over attorney issue A woman accused of trying to extort millions of dollars from University of Louisville men's basketball coach Rick Pitino told a U.S. District Court judge in Louisville Friday that she can't afford to pay an attorney to represent her...

KBA: Atty John Meyer new Executive Director of Ky Barr Association

Posted on August 02, 2009
F RANKFORT ? Lexington attorney John D. Meyers is the new executive director of the Kentucky Bar Association, replacing Jim Deckard, who resigned to return to private practice in February. Meyers was selected after a four-month search. He has been the association?s interim executive director and director of its continuing legal education program...

Judiciary: Here's the link to the judicial vacancies, nominees, and eventual appontments

Posted on August 02, 2009
To watch for the judicial vacancy announcements, nominees, and eventual appointments, click here Most recent list as of 8/2/2009: Judicial Appointments 25th Circuit, 3rd Division (Family Court) Ira Dean Newman 25th District, 1st Division Charles William Hardin 30th District, 6th Division Olu A...

MORE ON POLITICS: OP-ED FROM CJ - " The politics of a newspaper"

Posted on August 02, 2009
This was an interesting piece by the CJ's Arnie Garson to explain the liberal leanings of his paper. However, when he takes the basic position that if you are on the left, the right will complain; on the right, the left will complain; and in the middle you stand for little and are boring to boot, I just shake my head in amazement as he just misses the real concerns behind the question...

POLITICS: What does enticing legislatures to resign with pensions and FDR's court packing scheme have in common? Numbers, numbers, numbers.

Posted on August 02, 2009
Anyone remember FDR's failed court packing scheme to get the numbers he wanted to pass his New Deal changes? Well, at least FDR had a cooperative legislature. However, this post at PAGE ONE reminds me of that move but Beshear is more enticing and less threatening as he tries to get the numbers he needs to get his agenda pushed through the legislature...

JUDICARY: Hardin, Newman, Newman & Costanzo Appointed to Bench by Beshear

Posted on August 01, 2009
Governor Beshear Appoints Circuit, District Judges FRANKFORT, Ky. ? Governor Steve Beshear announced the following judicial appointments. The Honorable Charles William Hardin, of Richmond, has been appointed District Judge of the 25th Judicial District, Division 1, consisting of Clark and Madison counties...

JUDICIARY: Timothy Jon Kaltenbach, Leo Lansden ?Lanny? King and Joe Christopher ?Chris? McNeill are nominees for vacant circuit court seat in Paducah

Posted on August 01, 2009
Judicial Nominating Commission announces nominees for vacant judgeship in McCracken County FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant circuit judgeship in the 2nd Judicial Circuit, Division 1, which serves McCracken County...

COURTS and TECH: "Texting, tweeting tempt jurors, frustrate judges"

Posted on August 01, 2009
The following story from the Courier Journal only addresses half the potential problem of the digital age and jury trials. Once upon a time, a fair and impartial jury that limited its decision to the law and evidence presented in the courtroom was a given...

AOC: Laurie K. Dudgeon named to head Kentucky Administrative Office of the Courts

Posted on August 01, 2009
FRANKFORT, Ky., July 31, 2009 ? A Kentucky native with experience as a practicing attorney who has held positions with the Executive and Judicial branches of state government has been named to head the administrative arm of the state court system. Chief Justice of Kentucky John D...

JUDICARY: Hardin, Newman, Davis & Costanzo Appointed to Bench by Beshear

Posted on August 01, 2009
Governor Beshear Appoints Circuit, District Judges FRANKFORT, Ky. ? Governor Steve Beshear announced the following judicial appointments. The Honorable Charles William Hardin, of Richmond, has been appointed District Judge of the 25th Judicial District, Division 1, consisting of Clark and Madison counties...

Judiciary: Here's the link to the judicial vacancies, nominees, and eventual appontments

Posted on July 26, 2009
To watch for the judicial vacancy announcements, nominees, and eventual appointments, click here.

COURT CASES: Jefferson Jury finds in favor of jeweler in case of family jewels

Posted on July 22, 2009
From Courier Journal: Jeweler doesn't have to refund money to Brown-Forman heirs A Jefferson Circuit jury unanimously decided Tuesday night that Louisville jeweler Jim Jackson does not have to refund $800,000 to the family of former Brown-Forman Corp...

COURTS: Judge Spainhour locks up social worker who misses child welfare hearing

Posted on July 22, 2009
Bullitt judge locks up Jefferson county social worker for being a 'no show': Social worker jailed by Ky. judge Faced with conflicting court appearances on the same day in late June, state social worker Aaron Jackson said he followed a supervisor's directive to attend family court in Jefferson County and notify Bullitt County court officials that he'd miss a child-welfare hearing there...

BLUEGRASS POLITICS BLOG POST: "Forester will remain on bid-rig trial"

Posted on July 22, 2009
Forester will remain on bid-rig trial By Beth Musgrave on KY Courts FRANKFORT -- A federal judge on a high-profile bribery case involving prominent road contractor Leonard Lawson will remain on the case even though his son-in-law is a lobbyist for the Kentucky Association of Highway Contractors.

LOUISVILLE: "Prosecutors: JCPS inquiry into Gilpin ' self-serving'"

Posted on July 22, 2009
From Courier Journal: Prosecutors: JCPS inquiry into Gilpin ' self-serving' Jefferson County prosecutors want a school district report on the death last year of Pleasure Ridge Park football player Max Gilpin excluded from ex-coach Jason Stinson's trial because it selectively used information to reach a "self-serving and wholly inaccurate conclusion...

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