Kentucky

From the Courier Journal: "Clients file suits against missing lawyer, claiming he deceived them (11/18/10)"

Posted on November 21, 2010
From the Courier Journal: Clients file suits against missing lawyer, claiming he deceived them (11/18/10) Some other stories From the Courier Journal: Steve Nunn won't ask to have trial moved from Fayette (4) (11/18/10) LaGrange prison supervisor faces indecent exposure charge (4) (11/18/10) Appeals court sets January hearing for ex-soldier Steven Green (6) (11/17/10) NTSB urges Kentucky to do more to curb hard-core drunk drivers (97) (11/16/10)

From the Courier Journal: "Karen Sypher claims for having judge removed 'absurd,' prosecution says "

Posted on November 21, 2010
From the Courier Journal: Karen Sypher claims for having judge removed 'absurd,' prosecution says (46) (11/18/10)

From the Courier Journal: Too Tall Tower Seeks Zoning Variance. Why now? and Why - Story: "Tower seeks zoning approval to be as tall as it is"

Posted on November 21, 2010
Incremental zoning changes seem to be the rule around Jefferson County starting with a series of changes until the owner gets what they want or what they need. How many times do you know of a property's zoning being changed from one class such as residential up through to commercial with changes to height, density or whatever since it just does not seem that much of a change from before...

Courthouse Construction: "Construction Underway on New Pike County Justice Center"

Posted on November 18, 2010
From WSAZ3, Huntington, WV. One comment stated 'why is pike county using the same construction manager (Codell const) that built the last courthouse in 96? if the work was so bad then why are they spending taxpayer dollars for the same lousy craftsmanship?" Construction Underway on New Pike County Justice Center PIKEVILLE, Ky...

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Facebook, Rules, Regulation and a story in the CJ should give lawyers pause on the need to comment and regulate with precision the Wild, Wild West that has overtaken Digital Solicitation of Legal clients!

Posted on November 15, 2010
I had a much longer and much different commentary on this issue last night, but I have now converted that particular post to draft mode to let my thoughts season a little longer. In any event, today's Courier Journal has a timely article on a proposed regulation on advertising (solicitation of clients by lawyers) using the social networking sites such as Facebook and Twitter...

Blog Caveat

Posted on November 15, 2010
In light of the recent CJ story on the pending regulation of lawyer communications on social networking sites (eg., Facebook, Twitter, and presumably blogging), I thought it best to restate my position about this blog. First, I have been writing this blog for nearly five years and now exceed one million reads by viewers...

Kentucky Court Report Posts

Posted on November 14, 2010
SCOKY: August 26, 2010 Supreme Court Minutes (151-183) Attorney Discipline. SCOKY Aug. 2010 Minutes. August 2010 - COA Case Summary Report (Published Decisions)

Attorney Eric Conn unveils Lincoln Statue

Posted on November 10, 2010
Attorney Eric C. Conn and Pike District Judge Darrel Mullins unveiled Conn?s $500,000 Abraham Lincoln statue in Stanville. Story from Floyd County Times: STANVILLE ? Social Security attorney Eric C. Conn unveiled his $500,000 statue of Abraham Lincoln on Thursday in front of a crowd that included school children, employees, local officials, and members of the public...

Motion seeks payment in wrong repo case on Prestonsburg case

Posted on November 08, 2010
From the Floyd County Times is a story of interest in light of the rash of foreclosures and questions regarding the banks following proper procedures: Motion seeks payment in wrong repo case by Jarrid Deaton Floyd County Times (Ky) PRESTONSBURG ? A confidential settlement was reached between Christopher Hamby, a Wheelwright resident who claims his home was wrongfully repossessed, and Bank of America on Sept...

Proposed KBA Ethics Rules Changes re social media (Facebook and MySpace)

Posted on November 08, 2010
Here is the proposed changes to the advertising rules and social media. I have "marked through" the deletions and ?underlined? the additions. Note there is a Dec. 15, 2010 deadline for written comments to the KBA Executive Director. Feel free to post comments to this blog, and I will see that they reach the director...

U.S. Chamber of Commerce: Civil Justice Hypocrites from the AAJ

Posted on November 07, 2010
From the AAJ, is the following press release of interest to those following the Chamber of Commerce's assault on the legal system and citizens' access to justice: U.S. Chamber: Civil Justice Hypocrites Chamber enters over two lawsuits weekly; report shows corporate front group litigates aggressively for own agenda, while blocking justice for everyday Americans Washington, D...

KBA is proposing extending their regulatory influence over lawyer remarks and postings on Facebook. Comments are welcomed and solicited. Thanks to Stan Billingsley for sharing this on his LawReader.com blog.

Posted on November 07, 2010
I am including a post, en toto, from Judge Billingsley's LawReader blog about a proposed ethics rule dealing with lawyer comments on Facebook. Presumably this would extend to the social media sites of MySpace, Twitter, etc. I would humbly suggest they consider bringing in to its orbit a law blog relook since many blog posts are automatically posted on Facebook pages...

Two Jefferson County Judicial Races Result in two winners by a nose... Will there be a re-canvas? A re-count?

Posted on November 07, 2010
In Jefferson County there were two incredibly close judicial elections decided by just a few hundred votes! Out of over 185,000 plus votes cast. My oh my!!! Anyone besides me wondering if there will be a re-canvas or a re-count? Think about it - two judicial races decided by the choices made by just 250 to 300 voters out of 180,000+????? A check mark the other way, and a different result could have taken place...

Today is Election Day.... Please vote.

Posted on November 01, 2010
Well, today is the day. Please vote. Don't let others make choices you have to live with.

My Votes for Jefferson Judicial Races on Nov. 2, 2010

Posted on October 29, 2010
For those who are interested, here is how I plan on voting next Tuesday for the various judges in Jefferson County: Circuit Court Div. 6 - Olu A. STEVENS Div. 11 - Brian C. EDWARDS District Court Div. 3 - Claude Randall PRATHER Div. 7 - Jennifer Bryant WILCOX Div...

Elections - Voting for a judge. Some preliminary thoughts.

Posted on October 25, 2010
Just some thoughts and suggestions for how to cast your vote for a judge this upcoming election. DON'T CAST YOUR VOTE FOR A JUDICIAL CANDIDATE JUST BECAUSE HE OR SHE HAS MET ONE OF THE FOLLOWING CRITERIA OR OTHERWISE STRUCK YOUR FANCY. Some sign, poster, handout, or a nail file telling you to VOTE for XXXX just should not cut it...

Recent law-related stories from around the Commonwealth (10/25/2010)

Posted on October 25, 2010
State Supreme Court overturns manslaughter conviction from CJ - Breaking News The Kentucky Supreme Court Thursday overturned the conviction of John Terry, who was found guilty by a Jefferson County jury of manslaughter and tampering with evidence in the slaying of Linda Elmore in 2004...

Gatewood Galbraith making an appearance in Jefferson Circuit Court (3:00 pm 10/13/2010) representing Independent candidate Michael P. W. Lewis who is being challenged on the ballot

Posted on October 12, 2010
Once upon a time the political in-fighting took place in closed and smoke-filled backrooms with slug fests on the campaign trial and their final culmination at the ballot box with the candidate garnering the most votes prevailing. However, a new political reality is finding prime time with pre-emptive political strikes being plastered in the courtrooms of this Commonwealth as suits are filed contesting a candidates qualifications to appear on the ballot...

Webcase Prank linked to suicide in New Jersey

Posted on October 04, 2010
With the new movie "The Social Network" about Mark Zuckerburg and Facebook, the following story should remind all of the social contract and social responsibilities that ensue with this new social media, to include Facebook type sites, blogging, twitter, and more...

Courier Journal Issuing its endorsements - I agree with four, disagree with one. Judge Prather has my vote.

Posted on October 03, 2010
The Courier-Journal editorial folks are now issuing their endorsements for contested judicial elections in November. Editorial Endorsement | Judicial Contests in Divisions 3,7,6,10, 11 . However, please note that Divisions 6 and 11 are in CIRCUIT COURT; the rest are in DISTRICT COURT They posted five today...

Kentucky Legal News (10/3/2010)

Posted on October 03, 2010
Legal News from Around Kentucky: Editorial Endorsement | Judicial contests in Divisions 3, 7, 6, 10, 11 Man charged in beating death outside Brownsboro Rd. restaurant pleads guilty to assault (27) (10/1/10) Judge orders state to pay legal costs in open records case (4) (10/1/10) Prosecutors argue Thomas Schroeder conviction should stand (10/1/10) Audit: Sex offenders lived in same homes as children under state care (19) (9/30/10) Jefferson County courthouse renovation will improve air quality, ease health concerns (6) (9/30/10) Cecil New?s attorneys want his statements to police thrown out in Ivan Cano murder trial (9) (9/30/10) Stevens case prosecutor who committed suicide had Louisville ties (9/30/10) Kentucky man charged with killing victim's advocate found dead in truck (6) (9/30/10) Appeals court overturns jailer's rape conviction (5) (9/30/10) Record 48 children die in hot cars across nation (4) (9/29/10) Social-justice groups promoting voter awareness Sunday (28) (9/29/10) Texas man dies six days after accident near Sonora (1) (9/29/10) Lexington minister who crashed bike dies in hospital (6) (9/30/10) Insurers ordered to defend halting new ?child-only? coverage (178) (9/28/10) Judge rules against Steve Nunn on three motions (3) (9/28/10)

LOUISVILLE: "Jefferson County courthouse renovation will improve air quality, ease health concerns"

Posted on October 03, 2010
From the Courier Journal: Jefferson County courthouse renovation will improve air quality, ease health concerns (6) (9/30/10) After years of health concerns, air quality issues and mold problems, employees in the 35-year-old Jefferson County Hall of Justice should soon be able to breathe a little easier...

LEXINGTON Lawyer Adam Edelen files to run for Ky State Auditor

Posted on October 03, 2010
From the Courier Journal: Lexington man Adam Edelen begins 2011 run for auditor Adam Edelen filed papers with state election finance officials Friday to begin a campaign for state auditor in 2011.

AOC Minutes Links to Full Text Decisions are not compatible with the Apple iPad

Posted on September 25, 2010
I love my new iPad. The access it provides me to my case files, emails, pictures, and even legal research through a FaseCase application is incredible. I can use it to digitally dictate with a $10 application (dictamus) or a voice to digital dictation (DragonSpeak - FREE) is cool too...

Lit Tips: THE GENIUS OF JIM McELHANEY - CROSS EXAMINATION

Posted on September 23, 2010
James McElhaney is great. I bought a series of his cassettes over a decade ago, converted some to digital, and when I need a refresher, I listen up. However, here is a Plaintiff's Trial Lawyer Blog post that digests the art of cross-examination nicely...

OTHER RECENT NEWS STORIES

Posted on September 23, 2010
From the Courier Journal: Suit seeks to remove incumbent Deonte Hollowell from metro council race (2) (9/21/10) Louisville man who claimed ties to Ivan Cano murder pleads guilty in separate slaying (6) (9/21/10) Man pleads guilty in murder of Valley Station store worker (7) (9/21/10) Chemical company to pay $800K penalty to Kentucky, feds (9/21/10) Isaiah Howes acted in self-defense when he shot Daniel Covington, lawyer says (68) (9/21/10) Lawsuit against MSD over rate increases is dismissed (1) (9/20/10) Former city housing official, mother plead not guilty to theft charges (16) (9/20/10)

VERDICT: Ex-Louisville track assistant wins $371,875 in discrimination suit

Posted on September 23, 2010
From the Courier Journal: Ex-Louisville track assistant wins $371,875 in discrimination suit Read Comments(161) Recommend(9) A Jefferson Circuit Court jury awarded a former University of Louisville track and field assistant coach $371,875, finding that she suffered retaliation after she alleged a hostile work environment.

LOUISVILLE: City to publish list of Jefferson County properties behind on fines

Posted on September 23, 2010
From the Courier Journal: City to publish list of Jefferson County properties behind on fines Read Comments(22) Recommend A full-page advertisement in Thursday?s Courier-Journal, purchased by the Louisville Metro Council with discretionary funds from 22 council members, lists 264 Jefferson County property owners who allegedly each owe the city at least $12,000 in fines for various property maintenance violations.

LOUISVILLE: Ford saves nearly $1M in Jefferson County tax dispute win

Posted on September 23, 2010
From the Courier Journal: Ford saves nearly $1M in Jefferson County tax dispute win A state tax board has ruled in favor of Ford Motor Co. in a two-year dispute with Jefferson County over how much tax it owes on the Kentucky Truck Plant in eastern Jefferson County...

From the Courier Journal: Jury awards $4.1 million to woman over injuries on TARC 3 bus

Posted on September 21, 2010
Jury awards $4.1 million to woman over injuries on TARC 3 bus A Jefferson Circuit Court jury awarded a disabled woman $4.2 million Wednesday for injuries suffered in a 2006 accident on a TARC 3 bus. Barbara Allgeier broke her legs in nine places when she tried to get off the bus and the lift had been lowered too far, causing her wheelchair to drop and her to fall...

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