Kentucky

From the Courier Journal: JCPS insurers to pay Max Gilpin's parents $1.75 million to settle wrongful-death lawsuiT

Posted on September 20, 2010
JCPS insurers to pay Max Gilpin's parents $1.75 million to settle wrongful-death lawsuit Insurers for Jefferson County Public Schools and its employees have agreed to pay $1.75 million to the parents of 15-year-old Pleasure Ridge High School football player Max Gilpin, who died from heat stroke three days after he collapsed at a practice in August 2008...

From the Kentucky Administrative Office of the Courts: Kentucky Court of Appeals to hear oral arguments Sept. 20-21 in Shelbyville

Posted on September 19, 2010
From the Kentucky Administrative Office of the Courts: Kentucky Court of Appeals to hear oral arguments Sept. 20-21 in Shelbyville FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in six civil cases and one criminal case when it convenes Monday and Tuesday, Sept...

RECENT LAW-RELATED STORIES AROUND THE COMMONWEALTH

Posted on September 19, 2010
The following links to various legal stories posted courtesy of Michael L. Stevens: From the Courier Journal: Felner associate seeks to have conviction overturned or new trial Beshear's campaign accused of violation (10) (9/17/10) Beshear's campaign accused of violation (10) (9/17/10) Police say hit and run fatal may have been a suicide (22) (9/17/10) JCPS insurers to pay Max Gilpin's parents $1...

From the Courier Journal: Governor Steve Beshear orders action on nursing home abuse

Posted on September 19, 2010
Governor Steve Beshear orders action on nursing home abuse Gov. Steve Beshear has ordered state officials to immediately implement changes meant to curb nursing home abuse.

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FEN PHEN: Like a clock that keeps ticking, another legal professional is recommended for a legal kicking. Recommendation that retired Judge Bamberger never practice law again. Gee. He's 68 for crying out loud!

Posted on August 29, 2010
From the Courier Journal: Judge assailed for fraud in Kentucky fen-phen case The judge who presided in Kentucky's scandalous fen-phen case should be permanently disbarred for signing orders ?authorizing and sanctioning the largest scale fraud in the history of the Commonwealth of Kentucky,? a trial commissioner has said...

CRIMINAL: "Beshear decides one killer will be executed Sept. 16"

Posted on August 28, 2010
From the Courier Journal: Beshear decides one killer will be executed Sept. 16 Read Comments(102) Recommend(1) Gov. Steve Beshear set a Sept. 16 execution date for convicted rapist and murderer Gregory L. Wilson on Wednesday, but held off signing two other death warrants because there is a shortage of a key drug used in executions.

Civil Suits: "Louisville family files suit over mouse allegedly found in milk "

Posted on August 28, 2010
Milk may not always do a body good, if this story has any truth to it. From Jason Riley with the Courier Journal: Louisville family files suit over mouse allegedly found in milk A Louisville family filed a lawsuit Monday against Wal-Mart, claiming they found a dead mouse in a milk container they had been drinking from for three days...

OP-ED: Judicial elections, free speech, and committee constraints.

Posted on August 27, 2010
I received the following "press release" from regarding judicial elections. To be blunt, I am no fan of this committee and their interference on judicial elections under the guise of keeping them under control. By setting up false standards and attempting to coerce the candidates to give up their political rights regarding campaign speech and financing, they are impeding and interfering with the lawful political process...

SCOKY: "Kentucky high court rules Christians-only plan is health insurance"

Posted on August 27, 2010
From the Courier Journal: Kentucky high court rules Christians-only plan is health insurance A Christians-only health care plan provides a ?contract for insurance? and doesn't qualify for exemption from state regulations, the Kentucky Supreme Court ruled Thursday in a decision that potentially opens the plan to stricter regulation by the state

N.KY: "Bengals cheerleader wins $11 million judgment in libel suit"

Posted on August 27, 2010
From the Courier Journal: Bengals cheerleader wins $11 million judgment in libel suit COVINGTON, Ky. ? A gossip website has been slapped with an $11 million judgment for libel and defamation after posting false accusations about a Northern Kentucky teacher who moonlights as a Cincinnati Bengals cheerleader.

Verdicts: Pineville verdict for med-mal is $2.1 million. If you know who the lawyers are, then add their names as a comment!

Posted on August 27, 2010
From the Kentucky Trial Court Review Blog: The Kentucky Trial Court Review ?$2.1 verdict in Pineville. Failure to diagnose twisted colon. Death via sepsis. Interesting. 14 year old son awarded one million for his consortium interest. Fine. But he never appeared at trial...

OP-ED: Give Judge Prather a "poke" at his FaceBook page and your vote in November for Judge in Jefferson District Court

Posted on August 26, 2010
Just for the record, I have known Claude Prather since my first (and so far only) run for the robes nearly a decade ago. He is now running for re-election and deserves to win. He does a great job and loves to serve others. I am voting for him, and I have "friended" his FaceBook page...

Louisville: Lawyer vs. judge over revealing client's name

Posted on August 26, 2010
After you read the following story, followed by the CJ editorial, you got to wonder how this spiraled out of control. Neither lawyer, no judge willing to bend. I actually liked the CJ editorial. Yes, I know,,, it's shocking! Louisville lawyer faces 6 months in jail for refusing to reveal client's name Editorials: Editorial | Judicial standoff The Jefferson County courtroom conflict that led to a veteran attorney's six-month sentence for contempt stems from a clash of several vitally important priorities...

MORE: Legal stories from around the circuit 8/26/2010

Posted on August 26, 2010
More stories from around the legal circuit: Lloyd Hammond sentenced to life in prison for 3 murders Former Humana employee charged with misusing patient information Kentucky bar eyes fen-phen lawyer Stan Chesle Parents ask judge to reconsider student assignment ruling

LAWYERS: Supreme Court has temporarily suspended Louisville lawyer David Friedman from practicing law

Posted on August 26, 2010
From the Courier Journal: Louisville civil-liberties lawyer temporarily suspended by Kentucky Supreme Court Finding that he poses a substantial threat to clients or the public, the Kentucky Supreme Court has temporarily suspended Louisville lawyer David Friedman from practicing law pending the outcome of outcome of disciplinary charges that accuse him of taking money from clients.

SCOKY: "Kentucky Supreme Court upholds case of inmate seeking to die"

Posted on August 26, 2010
From the Courier Journal: Kentucky Supreme Court upholds case of inmate seeking to die

STATE: "Beshear wants Luallen to audit state pensions" But will judicial pensions and potential senior status judges strain come under Crit's watchful eye too?

Posted on August 26, 2010
Will this audit look at ALL state pensions? How about the judicial pension? Will separation of powers prevail to prevent phinancial inspection? You gotta love Crit. Ethics unquestioned, judgment top drawer, and tough as nails at calling 'em how she sees 'em...

Lawyers: "Louisville lawyer [David Son] accused of failure to pay reimbursement over false witness"

Posted on August 26, 2010
From the Glasgow Times is a story on ..... Louisville lawyer accused of failure to pay reimbursement over false witness By SUSAN TEBBEN Glasgow Daily Times GLASGOW ? A Louisville lawyer found to have filed false expert witness disclosures is being ordered to appear in Barren County Circuit Court for not paying the money he was to reimburse a local doctor...

VERDICTS: Louisville Attorneys Grossman and Hance Obtain $1.3 million medical negligence verdict in Evansville, Indiana

Posted on August 26, 2010
Louisville lawyers Phil Grossman and Michael Hance deserve a slap on the back for a job well done and a battle fought hard in obtaining this $1.3 milllion medical negligence verdict in Indiana.

Of premises liability, Sorites paradox, law of leverage, and tipping points as they relate to the open and obvious defense and rights to a jury trial

Posted on August 24, 2010
Here is a post I had in draft back on Aug. 18, 2010 with a philosophical critique of the "open and obvious" defense to slip and fall cases (a/k/a premises liability). To put it succinctly, I never knew why judges were able to deprive a litigant of their right to a jury trial by their own individual perception of what was open and obvious...

LAWREADER ANNOUNCES NEW COLUMN BY HON. JASON NEMES ? INSIDE THE KY. SUPREME COURT

Posted on August 21, 2010
From Stan Billingsley's LawReader Blog: LAWREADER ANNOUNCES NEW COLUMN BY HON. JASON NEMES ? INSIDE THE KY. SUPREME COURT By Stan on Uncategorized NEMES, JASON ? INSIDE THE SUPREME COURT August 17, 2010 LawReader has added Jason Nemes as a columnist. He will focus on the Supreme Court and our Justices...

UOFL LAW: "Professor Marcosson Quoted in "Time" Magazine"

Posted on August 20, 2010
From University of Louisville Brandeis School of Law Blog: Professor Marcosson Quoted in "Time" Magazine By vmsmit06 on Student Professor Marcosson was recently quoted in a Time magazine article, "Why California's Gay-Marriage Ban Was Upended" (August 5, 2010)...

NEWS: Riding the Circuit - Legal News from around the state this past Two weeks (ending August 18, 2010)

Posted on August 18, 2010
From the Courier Journal: David Rose agrees to pay $15.4 million in swindling case Louisville plastic surgeon disciplined on accusations of sexual misbehavior Kentucky commandments backers plan appeal optimistic of new Supreme Court Karen Sypher lawyer says prosecution witnesses 'lied' in extortion trial of Rick Pitino Five-year suspension recommended for Fen-phen lawyer Massey cited over mine accidents Sellersburg woman charged with DUI in accident involving Louisville police cruiser Former state inspectors plead guilty to lying to federal agent, submitting false documents Robert Snyder gets 8-month sentence for renting dead man's condo Lawyer testifies Robert Felner associate was alerted to misused money Louisville Metro Police sergeant acquitted of misdemeanor charges Louisville family files suit over mouse allegedly found in milk Lexington judge steps aside in lawsuit trial FROM HERALD LEADER Senate confirms Kagan as 112th justice Lexington nursing home joins government's list of troubled facilities Federal jury acquits Lancaster motorcycle club member From Page One Louisville: Fairness Finally Hits Kentucky Farm Bureau Category 4: Politician Most Likely To Be Investigated Or Indicted In The Next 12 Months Commenters overwhelmingly nominated Louisville mayor and Beshear running mate Jerry Abramson...

UofL Law: Justice Cunningham to be judge in residence on Mon. Aug. 23

Posted on August 18, 2010
From University of Louisville Brandeis School of Law Blog: Judge-in-Residence By rbwimb01 on Student Justice Bill Cunningham will be the Law School's judge-in-residence on Monday, August 23. Students, staff, and faculty are invited to attend a community-wide forum from 11:30 to 12:15 in room LL75...

" Lexington judge steps aside in lawsuit trial "

Posted on August 18, 2010
From the Courier Journal: Lexington judge steps aside in lawsuit trial LEXINGTON, Ky. ? A judge in Lexington has stepped aside from hearing a civil case involving the Kentucky League of Cities. The city of Cold Spring, which is suing the league, had asked Fayette Circuit Judge Pamela Goodwine to recuse herself...

"Five-year suspension recommended for Fen-phen lawyer"

Posted on August 18, 2010
From the Courier Journal: Note that this is only a recommendation, but I would suggest that the attorneys in charge who have already been disbarred for life (eg., Mills, Gallion and Cunningham) plus the major damage done to Judge Bamberger and the pending investigation on attorney Stan Chesley might be enough meat to satisfy the ethics gristmill rather than go after a new attorney relying upon others to steer him in the right direction...

Kentucky Court Report of Published Decisions Posted from COA 2010 Minutes for August 13, 2010 (Nos. 765-785)

Posted on August 14, 2010
COA 2010 Minutes for August 13, 2010 (Nos. 765-785)

Kentucky Court Report of Published Decisions Posted from Court of Appeals Aug. 6, 2010

Posted on August 07, 2010
COA 2010 Minutes for August 6, 2010 (Nos. 748-764)

Kentucky Tort Report of Decisions Posted from August 6, 2010

Posted on August 07, 2010
TORT REPORT OF CIVIL AND INSURANCE DECISIONS: COA 2010 Minutes Aug. 6, 2010 (Nos. 748-764) from the Kentucky Court Report www.KyCases.com.

Appeals: Ky COA Dismisses Appeal with Prejudice for Failure to Prepare Brief as required by CR 76.12(4)(c)!

Posted on August 07, 2010
This week's Minutes from the Kentucky Court of Appeals dismissed an appeal for appellants' counsel's failure to comply with CR 76.12(4)(c). " After our review of the parties? arguments, we decline to review the merits of said arguments, as the Appellants? brief does not comply with CR 76...

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