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Kentucky

Kentucky Law Blog

Kentucky Supreme Court and Court of Opinions digested and linked with focus on Kentucky law, lawyers, courts, and judges.
By Michael Stevens

Post Frequency: 22.4/day

Last Entry: March 28, 2011 at 18:43:00

LBA's Annual Bench and Bar Dinner at Henry Clay

Posted on January 24, 2009
Louisville's legal community joined with members of the local and state judiciary at the Louisville Bar Association's Annual Bench and Bar Dinner program and auction at the Henry Clay on Thursday, January 22.Guests were welcomed by the grandeur of one of Louisville?s most historic downtown buildings located at Third and Chestnut streets...

Weekly News Wrapup: Stories around the Bluegass from Jan. 17-24, 2008

Posted on January 24, 2009
Recent law-related news stories from Courier Journal: Prosecutor charged with endangerment, fleeing Kungu Njuguna pleaded not guilty this morning in Jefferson District Court and was released on his own recognizance. He has a preliminary hearing on Feb...

Rhetoric: Two UofL Law Blog posts discuss uses of rhetoric in Inaugural Address

Posted on January 23, 2009
Faculty Blogs: The Rhetoric of President Obama's Inauguration Speech Faculty Blogs: More about President Obama's Rhetoric Click here for google search of "rhetoric" with some useful sources. American Rhetoric: The Power of Oratory in the United StatesSite dedicated to Public Speeches and Speakers of all kinds and includes a Speech Bank, Movie Speeches, Audio Figures of Speech, The Top 100 American ...

BLOGS: Lexington whistleblower suit reported in On the Beat in the Bluegrass Blog

Posted on January 23, 2009
From On the Beat in the Bluegrass is the following story about Whistleblower suit. Click on heading for entire story.Jail employee sues Fayette government By Steve Lannen on whistleblower By Steve Lannenslannen@herald-leader.comA Lexington-Fayette jail employee says she is being retaliated against because she brought concerns about a courts employee with a criminal record to the attention of police and prosecutors...

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BLOGS: "City [LFUCG] sues insurer over Berry abuse case"

Posted on January 23, 2009
From On the Beat in the Bluegrass Blog. Click on link for entire post:City sues insurer over Berry abuse case By H-L Justice Team on settlement By Brandon Ortiz - bortiz@herald-leader.comThe Urban County Government is suing a foreign insurance company for failing to pay five settlements arising from litigation over convicted child molester Ron Berry.

BLOGS: Defense attorney in fen-phen case ready for February trial

Posted on January 23, 2009
Defense attorney in fen-phen case ready for February trial By H-L Justice Team on withdrawing motion By Brandon Ortiz - bortiz@herald-leader.comAfter months of pleading with a federal judge to reschedule the trial of two Lexington-area lawyers accused of cheating their clients out of millions of dollars, a defense lawyer now says he will be able to participate in the trial.

VIDEO: Streaming Videos of SCOKY arguments posted at Kentucky Court Report

Posted on January 20, 2009
Can't promise if we can do it again, but we got lucky in December and obtained 3 of the videos of the Supreme Court of Kentucky's oral arguments. January was even better as we got all 8 oral arguments (with two small technical glitches).Even if we never post another video, there will be at least 11 samples of SCOKY arguments and appearances to offer you some mentoring and assistance in preparing for your appellate arguments...

"Sidebar: How Much Should Judges Make? " from New York Times

Posted on January 20, 2009
Chief Justice Roberts has gone on record claiming the low salaries for federal judges is reaching a constitutional crisis. However, a law professor from North Carolina dares to disagree. The following New York Times story reports on two studies that found almost no evidence that taxpayers would be better off by paying judges more...

COA: Two trial judges rulings reversed today in internet gambling domain seizure case and in Lou/Metro personal usage fee for police cars

Posted on January 20, 2009
Court of Appeals addressed two extraordinary writs on 1/20/2009 - the internet domain gambling seizure was not upheld and the trial judge's temporary restraining order prohibiting Louisville from increasing fees for personal usage of police vehicles was reversed as an abuse of discretion by the trial judge...

LAWREADER: Remarks on the applicability of the Fireman's Rule to police officers and Fayette Suit

Posted on January 19, 2009
From Lawreader -Two Lexington Police officers have filed an unusual civil lawsuit. They have apparently overlooked the Kentucky ?Firemans rule? which applies to Police Officers

U of L law dean interviewing in Washington

Posted on January 12, 2009
From today's Courier Journal is a short note that Dean Chen is interviewing for University of Washington Law dean. If he gets the nod, our loss will be their gain.The University of Louisville?s law school dean is one of four finalists vying to head the University of Washington?s School of Law...

SCOKY Args: Here are some "saved" arguments recently for streaming video watching

Posted on January 11, 2009
We were able to obtain copies of some recent Supreme Court arguments. You will need Quicktime to view them. Let us know if you like this service. We can only convert those we receive. So if you have a case on disk or videotape, let us know. We can then convert it to streaming video on the web, and you can then link to your own argument from your own web site...

Jan 2009 SCOKY Args (Jan. 14, 15, 16) with Dates, Times, Counsel, Links to briefs and COA decision, AND LINK TO Supreme COURT LIVE for oral args

Posted on January 11, 2009
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and COA decision are below! WEDNESDAY, JANUARY 14, 2009 9:00 a...

Some legal news from around the state this past week

Posted on January 11, 2009
Lawyer accused of impersonating police officerWhen an "officer" in a sport utility vehicle pulled Meagan Moore over for allegedly driving drunk one night the Ballard High School senior was mystified. The woman turned out not to be an officer at all, but instead a lawyer, Melissa G...

EXPERTS: Tip suggests asking the expert on his or her "role" in the litigation? Hopefully, rolling over for the person writing the check is not one of them

Posted on January 09, 2009
Here is a deposition tip from Trial Practice Tips Blog for asking a "duh" question of a hired expert.A Useful Question to Ask at Expert Depositions By Evan Schaeffer Some lawyers routinely ask this question at expert depositions-- Q. "What is your understanding of your role in this litigation?" * * * Related post: "My Coverage of Expert Depositions in Deposition Checklists and Strategies...

JUDGES: Pay freezes, money, and the judiciary. Or, $170,000+ salaries of federal judges do not go as far as they used to

Posted on January 08, 2009
The sad fact is that even though most judges, justices, jurists and government lawyers may work for love of the job, they must nonetheless think of bills, families, and retirement. We previously have written about Kentucky's twilighting senior status judges program with its "run for the retirement" and several career government lawyers (Cobb and Niemi) retiring to benefit from a more favorable pension program...

FEDERAL: "Retrospective: Ten Key Evidence Issues In 2008" from Supreme Court Watch

Posted on January 08, 2009
Post on federal evidentiary issues may be of note to those practicing in federal court and those who wish to see what is on the horizon for possible changes to the state rules. Found at Supreme Court Watch. You will have to click on the title for the entire read...

TRIAL TECH: Should you consider going techie at trial?

Posted on January 07, 2009
Here's a general story addressing the pros and cons of going tech at trial. Click on the link for more.Should You Employ Technology At Trial? By Blake Boyd on trial technology

LAWYERS: Judge Morris, Prosecutor Cobb, and Public Defender Niemi retiring; Stan Lee ousted as GOP whip

Posted on January 06, 2009
The changes to the state's retirement system are encouraging experienced public servants take a leap. One judge, one prosecutor, and one public defender.First, Judge Morris is retiring and going for senior status at age 67.Jefferson Circuit Judge Geoffrey Morris retiringFair but tough Morris shifts to senior statusBy Andrew Wolfson ? awolfson@courier-journal...

TECH: "PDF Redaction Made Easy" or How to Cover that stuff up and hide it real good on PDF Documents

Posted on January 06, 2009
Here is a techno tip for redacting stuff out of your PDF docs (eg., covering it up so noone can peel back the sticky note or put the document up to the light and see what was written/typed underneath it). Useful in redacting stuff for others, to include attorneys and jurors; not to mention covering up confidential information...

Questions raised about inquiry into PRP player's death (from Courier Journal)

Posted on December 31, 2008
From the Courier Journal: Questions raised about inquiry into PRP player's deathBy Antoinette Konz and Jason Riley ? The Courier-Journal ? December 30, 2008The athletic director for Jefferson County Public Schools said he wasn't qualified to investigate the death of a Pleasure Ridge Park High School student who collapsed during football practice and later died, according to his deposition filed in Jefferson Circuit Court.

Chronological Summary of all the Major Benefits Legislation enacted since ERISA.

Posted on December 31, 2008
For you ERISA-types out there, I found this post which links to a document in PDF that is a "Chronological Summary of all the Major Benefits Legislation enacted since ERISA."A Very Handy List from BenefitsblogA TAX, BENEFITS AND ERISA LAW COMMENTARY BY B...

More on the KVA VP Contest aka "How Exciting Can This Oldfather-Keane Thing Get? By jake on Mainstream Hoo boy. How exciting can this Ann Oldfather-Maggie Keane thing get?" from Page One Blog

Posted on December 30, 2008
"Jake" from Page One Blog (same blogger who relentlessly pursued/developed the UofL Flener story) starts off a recent post with the following opening. Links to documents/letters etc. are included:How Exciting Can This Oldfather-Keane Thing Get? By jake on Mainstream Hoo boy...

NEWS: "Informant recalls fear of spying on Klan "

Posted on December 30, 2008
From the Courier Journal:Informant recalls fear of spying on Klan Dave Hall recalls the spring night in 1999 when he was jolted from bed at the Kentucky headquarters of the Imperial Klans of America and found Imperial Wizard Ron Edwards looming over him -- a shotgun in one hand and a Bible in the other.

"The Unbreakable Child" to be released in 2009 - a story behind one of the Kentucky clergy lawsuits

Posted on December 30, 2008
Although this law blog focuses on the legal world and the law, we should never forget that the law is integral to the social fabric of the communities we live in. I have reported on the news stories and the court cases surrounding the lawsuits in Louisville involving the Catholic Church...

FEDERAL: Heads up on change to FRE 502 (from Day on Torts Blog!)

Posted on December 29, 2008
Summary of New FRE 502 from JOhn Day on Torts Blog Here is a summary of FRE 502 which came into effect on September 18, 2009. The rule - which addresses the attorney client privilege and work product doctrine - is intended to provide increased clarity in this confusing area of the law...

All ears, all the time, and all for you. Please share with us and others your news, your videos, etc.

Posted on December 28, 2008
Just a reminder to all you lawyers out there that if you locate a bit of news or have something to add, then just email me.If you have a type-ready press release, then just send it to me. Announce your personnel changes, your awards, your verdicts, etc...

FEDERAL: "U.S. Case Against Holy See May Go Forward, Court Rules"

Posted on December 27, 2008
From NCRegister.com is the following story about the Louisville lawsuit against the Holy See and deposing the Pope. Click on link for entire story:U.S. Case Against Holy See May Go Forward, Court RulesBY JEFF GARDNERREGISTER CORRESPONDENTDecember 21, 2008-January 3, 2009 Issue | Posted 12/12/08 at 8:03 AMLOUISVILLE, Ky...

MEDICAL: Medicare ratings of Nursing homes put Kentucky in the bottom half

Posted on December 27, 2008
Medicare has issued its report/survey of the nation's nursing homes.One star ratings were the worst, and when it came to the percentage of one-stars per state, Kentucky was 33. However, Tennessee was 47, Indiana 45, West Virginia 40. Small consolation...

NEWS UPDATES: Budget hits legal aid; no dismissal of bid-rigging case, injunction granted and cops continue to take cars home, and . . .

Posted on December 27, 2008
Some local law-related stories: State Budget Crisis Results in Steep Cuts to Legal Aid Programs ?While the demand for civil legal services for the poor is growing, funding dropsBy Stan at Lawreader Judge refuses to dismiss bid-rigging caseBy H-L Justice Team on Leonard Lawson Court upholds allowing small wineries to ship into Ky...

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