Kentucky

SAFETY: Researchers Are Looking Into ATV Safety

Posted on June 13, 2008
Researchers Are Looking Into ATV Safety WKYT New study aims to give parents, manufacturers, and young ATV riders information that researchers say could eventually save lives.

PIKE: Man Enters Plea On Child Pornography Charges

Posted on June 12, 2008
From WKYT, Man Enters Plea On Child Pornography Charges A Pike County man accused of downloading child pornography enters an Alford plea.

SOMERSET: "Dog Complaints Prompt New Somerset Ordinance"

Posted on June 12, 2008
From WKYT - Dog Complaints Prompt New Somerset Ordinance Some people who live in one Somerset neighborhood say dogs are terrorizing people.

AOC: Chief Justice Lambert will give closing remarks on Friday, June 13 after hearing his last oral arguments

Posted on June 12, 2008
Chief Justice Lambert to give traditional closing remarks June 13 after hearing final oral argument as chief justice The public and media are invited to attend FRANKFORT, Ky., June 12, 2008 - Following a tradition of chief justices and justices who have retired before him, Chief Justice of Kentucky Joseph E...

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SCOTUS: Justice Breyer's talk at the Kentucky Author's Forum on MP3

Posted on June 12, 2008
UPDATED 6/12/2008: I apologize to Jon Hoban at radio station WFPL (Louisville Public Media) for failing to properly attribute the interview of Justice Stephen Breyer from the Kentucky Author Forum on May 6, 2008. I attributed the post to the Kentucky Author Forum but overlooked the fact that the streaming media presenation saved for web watchers was at the WFPL web site at http://www...

OFF TOPIC: Churchill Weavers

Posted on June 12, 2008
I bought a blanket from Churchill Weavers for my first grandson. They still have it. Beautiful, delicate and durable. So is the grandson! I thought the story was worthy of a post. Churchill Weavers was formerly located in Berea, a lovely college town in a rural setting and the last time I was there I stopped at Churchill Weavers hoping they were still open, but they weren't...

JUDICIARY: Which States Have the Best (and Worst) High Courts?

Posted on June 12, 2008
Thanks to the Indiana Law Blog for pointing me to a recent law review article study ranking the state's highest courts. Courts - Arkansas Supreme Court rated highly in a U of Chicago study. Which States Have the Best (and Worst) High Courts? Here is a link to the 51-page study...

UofL LAW: "Agreements that Restrict an Attorney's Practice" by Prof. Giesel

Posted on June 11, 2008
"Agreements that Restrict an Attorney's Practice" Louisville Bar Briefs, Vol. 7, No. 2, February 2007 University of Louisville School of Law Legal Studies Research Paper Series No. 2008-20 GRACE M. GIESEL, University of Louisville - Louis D. Brandeis School of Law May an attorney enter into an agreement settling a client's matter if that agreement in some way restricts the attorney's right to practice? For example, as part of a settlement of a client's legal claim, could an attorney agree to not represent other clients against the same defendant? Could an attorney agree to not use information gained in the representation? Could an attorney agree not to solicit clients who might have a claim against the

LAUREL/KNOX COUNTY: "Steele Sworn in as Commonwealth Attorney for Laurel and Knox Counties (27th Judicial District)"

Posted on June 11, 2008
From the Sentinel-Echo and Dan Manning is the following story. Many thanks to one of our readers for forwarding me the link to this story. It is very much appreciated and shows how each of you can help get the local word out statewide on legal news and developments in your area...

DIET DRUG TRIAL: "Witness in fen-phen case says rules required secrecy" FROM HERALD LEADER

Posted on June 11, 2008
The Diet Drug fraud trial of Cunningham, Gallion, and Mills continues with the following from the Herald Leader. Click on title for complete story: Witness in fen-phen case says rules required secrecy Three lawyers accused of taking more than $65 million from their former clients could not give their clients details about a 2001 diet drug settlement because it would have violated a confidentiality clause, an expert in class-action litigation testified Monday.

DIET DRUG TRIAL: "Chesley could soon testify"

Posted on June 11, 2008
From Northern Kentucky newspaper: Chesley could soon testify A federal jury hearing the fen-phen case may finally hear what Stan Chesley has to say about allegations of involvement in the plundering of the $200 million settlement.

Idea Festival 2008: It's in Louisville again. Mark your calendar for Sept. 25-27, 2008

Posted on June 11, 2008
Idea Fest. A good idea for good ideas and forward thinkers. I missed last years, but I am planning to catch some this year. Your participation and support in this event helps keep this petri dish for ponderers promenading to Louisville. Diana Skaggs, local lawyer, blogger, and all around nice person attended last year's event and enjoyed it immensely...

UK Football: 3-judge panel upholds tossing of Bassett's suit

Posted on June 11, 2008
Some stories don't go away, and here is a legal postscript from the UK Football recruiting scandal from years ago and the Hal Mumme and Claude Basset era as the Sixth Circuit dismisses Claude's case: 3-judge panel upholds tossing of Bassett's suit A three-judge panel of the 6th U...

OFF TOPIC: Have an old book, family Bible or heirloom book in need of a new binder? Then check out this story for Spencer county artisan!

Posted on June 11, 2008
I enjoyed the following story about a local artisan who practices bookbinding the old fashioned way. Read the story, and make a note that if you have any of your old law books that need the binders repaired, then call her. Other books that you might have that might be need for preservation include classic books, family Bibles, etc...

MONEY: "Q: Can lenders still charge prepayment penalties?"

Posted on June 11, 2008
Here's a money tip on mortgages found in the Courier Journal today: Q: Can lenders still charge prepayment penalties? A: A new Kentucky law bans prepayment penalties three years after a mortgage is issued or 60 days before the first interest-rate reset, whichever is less.

OFF TOPIC: Sawyer Park Independence Day Celebration on June 28. If you see Diane or me, please say hi!

Posted on June 10, 2008
Diane and I will be working a shift at the Independence Day celebration at E.P. "Tom" Sawyer State Park off Westport Road in Louisville again this year. Our church, Northeast Christian Church, has been providing volunteers for this event for some time now, and this is the fifth year Diane and I have been sweating away! Please note the event is June 28th! It's a great event with great people (YOU) attending...

COMAIR CRASH: Comair victims' families can seek punitive damages" (copy of order included)

Posted on June 10, 2008
Judge Forester has ruled that the families in the Comair Bluegrass Airport jet crash case can seek punitive damages from the airline. Here is the order from June 6, 2008. Here is the Courier Journal story. Click on heading for entire story. Comair victims' families can seek punitive damages In a victory for the plaintiffs, a federal judge has ruled that the families of those killed aboard Comair Flight 5191 may seek punitive damages in a trial set for Aug...

TRIAL PRACTICE and TECH: On line videos of Kentucy's 2007 Million Dollar Openings/Closings Continue

Posted on June 10, 2008
Finis Price (www.TechnoEsq.com and TechnoEsqPresentations.com) and myself (Michael Stevens) have collaborated and are obtaining and posting openings and closings from "Million Dollar Verdicts" in Kentucky for 2007. In the days with fewer trials and more and more ADR (not to mention less opportunity AND time to learn by watching in court), these will hopefully provide a source of learning for members of the bar...

TRIAL PRACTICE: "What it takes to be a great trial lawyer" from Day on Torts

Posted on June 10, 2008
John Day, a personal injury lawyer from Tennessee, has a blog styled "Day on Torts" with an outstanding multipart series on What it takes to be a great trial lawyer.

JUDICIARY: "Courts - Tennessee's "Missouri plan" for judicial selection expires" FROM ILB

Posted on June 10, 2008
Another interest story on judicial election, selection, merit, and politics as merit selection under the Missouri plan may end. Post found at the Indiana Law Blog. Courts - Tennessee's "Missouri plan" for judicial selection expires

BLOGS: "Law - More on: E-mails and the statutes of frauds" from the ILB

Posted on June 10, 2008
The Indiana Law Blog has a thought provoking piece on the statute of frauds and emails at: Law - More on: E-mails and the statutes of frauds And another digital age story entitled: Courts - More on "GE Suffers a Redaction Disaster" and metadata!

DIET DRUG TRIAL: "Jurors: Parties in Ky. fraud case eavesdropping"

Posted on June 10, 2008
From the Herald Leader is an odd story of claims of juror stalking and eavesdropping: Jurors: Parties in Ky. fraud case eavesdropping A federal judge threatened to charge lawyers and witnesses in a high-profile fraud trial with contempt of court on Tuesday after jurors said they thought parties in the case were following them and eavesdropping...

JUDICIAL ELECTIONS: Maze and Silverthorn Seeking Circuit Court Nomination

Posted on June 10, 2008
The Courier Journal reports that Jefferson County Attorney Irv Maze and attorney Robert Silverthorn are seeking the nomination for the unexpired term created by the death of Judge Montano. Maze wants circuit judge post Democrat Irv Maze, who has served nearly 10 years as Jefferson County attorney, has applied for the Jefferson Circuit Court vacancy created by the death of Judge Kathleen Voor Montano...

JUDICIAL ELECTIONS: More on the Jefferson District Court election

Posted on June 10, 2008
The controversy continues. Almost to the point that the incumbent Judge David Holton is being ignored as stories ensue on Ms. King. Here's another post from the Courier Journal. However, in reading these stories, I would suggest distinguishing between experience vs...

UofL LAW: "Anna Nicole Smith and the Right to Control Disposition of the Dead" by Prof. Jones

Posted on June 09, 2008
"Anna Nicole Smith and the Right to Control Disposition of the Dead" Louisville Bar Briefs, Vol. 7, No. 5, May 2007 University of Louisville School of Law Legal Studies Research Paper Series No. 2008-19 JAMES T.R. JONES, Louis D. Brandeis School of Law The death of Anna Nicole Smith has highlighted an ancient legal issue -- who decides the place and method of disposal of the bodies of the dead...

UK LAW: College of Law Names Professor Louise Graham Interim Dean

Posted on June 09, 2008
College of Law Names Interim Dean Law Professor Louise Graham will serve as interim dean of the UK College of Law starting in July.

DIET DRUG TRIAL: Lawyer William Gallion testifies

Posted on June 09, 2008
Fen-phen lawyer testifies from HERALD LEADER; click on heading for entire story William Gallion admitted Friday that he never told a judge in a controversial $200 million fen-phen settlement that he had contracts with his clients that would limit his fees to roughly 30 percent of the settlement...

AOC: Deputy Chief Justice to be guest speaker at Rowan County Drug Court graduation June 13

Posted on June 09, 2008
Deputy Chief Justice to be guest speaker at Rowan County Drug Court graduation June 13 The public is invited to attend a Rowan County Drug Court graduation ceremony during which three participants will be recognized for completing the program.

U.S. 6th Cir. Decisions for Week of Jun 2-6, 2008 (1 Ky cases)

Posted on June 08, 2008
U.S. 6th Cir. Decisions for Week of Jun 2-6, 2008 (1 Ky cases) posted.

March 28, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:16)

Posted on June 08, 2008
March 28, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:16) 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] 22 rendered decisions Nos...

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