Kentucky

DIET DRUG TRIAL: Reader asks how the case ended up in Boone County?

Posted on May 22, 2008
One of our non-lawyer readers posted the following question as a comment. Does anyone know the answer? A new comment from ?Karen? was received on the post ?DIET DRUG TRIAL: Former judge's testimony leads to request for fen-phen mistrial? of the weblog ?Kentucky Law Review?...

SCOTUS: Scalia Interview Podcast (audio) on Appellate Advcacy at ABA Site

Posted on May 22, 2008
This 27 minuted podcasted interview is free with clicks to book and to transcript regarding Garner and Scalia's Book "Making Your Case". Podcast: Scalia and Garner on Appellate Advocacy ABA Web Site In March, the ABA Journal?s Richard Brust sat down with U...

COURTS: Teen describes accident on Tower of Power

Posted on May 22, 2008
Teen describes accident on Tower of Power from Courier Journal The teen said that as the ride dropped, he saw one of Kaitlyn's feet fall into a canopy.

MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14)

Posted on May 22, 2008
MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 50-70 21 decisions rendered with 9 published; 7 Disciplinary cases with 4 published; 5 of 44 discretionary reviews granted (or 11...

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OP-ED FROM HERALD LEADER: "Courthouse plan wastes taxes, trust - Pike tale shows why Ky. never progresses"

Posted on May 21, 2008
Here is an editorial from the Lexington Herald Leader on May 18, 2008 which follows it recent news stories critical of some components of Kentucky Courthouse construction projects. The remainder of the story is below the "fold": Courthouse plan wastes taxes, trust Pike tale shows why Ky...

ELECTIONS: "King, Cunningham top vote-getters in judges' races "

Posted on May 21, 2008
King, Cunningham top vote-getters in judges' races COURIER JOURNAL Katie King, a relatively unknown 28-year-old assistant Jefferson County attorney with three years' experience, beat out several longtime prosecutors and lawyers for the chance to win a spot on the Jefferson District Court bench.

March 14, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:13)

Posted on May 21, 2008
March 14, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:13) 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] 29 rendered decisions Nos...

DIET DRUG TRIAL: Fen-phen plaintiffs tell their side

Posted on May 21, 2008
Fen-phen plaintiffs tell their side KENTUCKY.CO, A Lexington woman who was a plaintiff in a $200 million fen-phen class action settlement testified in federal court Tuesday that she specifically opposed plans by three lawyers in the case to donate leftover settlement money to charity...

FEDERAL: Judge says Ky. store violated Victoria's Secret trademark

Posted on May 21, 2008
Judge says Ky. store violated Victoria's Secret trademark KENTUCKY.COM Victor isn't allowed to have a little secret anymore. A federal judge has permanently enjoined Victor and Cathy Moseley from using the names "Victor's Secret" and "Victor's Little Secret" on their adult novelty and lingerie shop in central Kentucky...

DIET DRUG TRIAL: Former judge's testimony leads to request for fen-phen mistrial

Posted on May 21, 2008
Former judge's testimony leads to request for fen-phen mistrial KENTUCKY.COM Defense attorneys asked for a mistrial in a federal fen-phen criminal trial Wednesday after a former Boone County circuit judge testified that he had been reprimanded in connection with the case...

HELP REQUESTED: A reader has asked we post lawsuit filed by Sen. Williams over the budget

Posted on May 21, 2008
If anyone has a copy of the lawsuit previously filed by Sen. David Williams over the budget veto on roads, would you please scan it in PDF and email to us at kylawblog@yahoo.com ? A reader has asked to read it. Thanking you in advance!

ELECTIONS: Cunningham & Kemper; King & Holton to face off in November

Posted on May 20, 2008
Here are the results of the Jefferson County Judicial Races from today's primary. Judge Charlie Cunningham and W.Douglas Kemper will face off for Circuit Court Judge David Holton II and Katie King will face off for District Court There was no contested primary for the Kentucky Supreme Court race and the November contest will be between Chief Judge James Shake and Justice Lisabeth Hughes Abramson Our "election reflections" will follow in a few days after some "seasoning"...

SCOTUS: Ky. taxing method upheld

Posted on May 20, 2008
Ky. taxing method upheld In a move that Kentucky officials say will save the commonwealth $25 million in liability for tax refunds, the Supreme Court ruled Monday that states will be allowed to continue a 90-year-old practice of not taxing the interest on in-state bonds while taxing residents on the interest on out-of-state bonds...

JUDICIARY: Governor Beshear Appoints Members to Judicial Nominating Commission for the 22nd Judicial Circuit and District

Posted on May 20, 2008
FRANKFORT, KY ? Governor Steve Beshear has appointed the following members to the Judicial Nominating Commission for the 22nd Judicial Circuit and District of Kentucky to serve for terms expiring Jan. 1, 2012: * Margaret T. Scanlon, of Lexington, serves as an officer for the Kentucky Children?s Hospital Board and as a board member of the Junior League of Lexington and the Center for Violence Against Women...

KENTUCKY SCHOOL BOARD ASSOCIATION V. JEWELL - bad facts make bad law, but it is not final yet and pending MDR (motion for discretionary review)

Posted on May 19, 2008
Here is a link to a decision I digested at the Kentucky Court Report (www.KyCases.com). It addresses the interplay of PIP, workers compensation, Coots, UIM, attorneys fees under AIK v. Minton, health insurance, duplicate recovery, workers compensation priority, and more...

U.S. 6th Cir. Decisions for Week of May 12-16, 2008 (No Ky cases)

Posted on May 19, 2008
U.S. 6th Cir. Decisions for Week of May 12-16, 2008 (No Ky cases) posted.

Minutes for Kentucky Court of Appeals for MAY 16, 2008 (COA) (2008:24)

Posted on May 19, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 34 rendered decisions - Numbered 572-605 4 published -573; 578; 588; 601 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

FAMILY LAW: Paternity Pandemonium III from Lexington Lawyers blog

Posted on May 19, 2008
From Lexington Lawyers Blog: Paternity Pandemonium III After reflecting on the recent decision in J.N.R. v. O?Reilly that I posted on here and here, I recognized a troubling conundrum in the law. I will expound with a hypothetical situation beginning where the JNR case leaves off...

ELECTIONS: Allyson Cox for Jefferson District Court Judge

Posted on May 19, 2008
Paid for by Allyson Cox for Judge - Jefferson District Court, Louisville, KY

ELECTIONS: Judge Charlie Cunningham for Circuit Court Judge

Posted on May 19, 2008
Judge Charlie Cunningham - Jefferson Circuit Court

DAY 5: Diet Drug Trial

Posted on May 18, 2008
More on diet drug tria from Herald Leader: Settlement more than estimate A mediator in a fen-phen class-action lawsuit told plaintiffs' attorneys in 2001 that he thought the case was worth only $50 million to $60 million, according to testimony in federal court Friday...

AOC: Laurel County to break ground for $24 million judicial center May 22

Posted on May 18, 2008
Laurel County to break ground for $24 million judicial center May 22 State and local officials, public invited to attend groundbreaking ceremony in Laurel County

ELECTION REFLECTIONS: The "Withdrawn" Candidate Impact on the Primary

Posted on May 18, 2008
When the filing deadline ended for the vacant Jefferson District Court Judge's seat, seventeen (17) names were headed for the ballot. As a result of the timing of the nomination and appointment process, the deadline for withdrawing AND having your name off the ballot expired prior to the governor's appointment to fill the interim seat (or at least so I am told by a reliable source)...

KY BLOGS: Senate Appropriations Chairman praises Williams lawsuit

Posted on May 17, 2008
Post from Lawreader, Senate Appropriations Chairman praises Williams lawsuit.

AOC: "Chief Justice Minton will have some ?splaning to do if he upholds Lambert pay raise decision." or so says LawReader

Posted on May 17, 2008
Stan Billingsley at Lawreader reports - Chief Justice Minton will have some ?splaning to do if he upholds Lambert pay raise decision.

DAY 3: Diet Drug Trial

Posted on May 17, 2008
Witness in fen-phen trial testifies he got $3 million bonus, new car as bonus WAVE3 COVINGTON, Ky. (AP) - The first witness in the fen-phen settlement trial of three attorneys testified he got a $3 million bonus and a new car for working on the case. David Helmers testified Wednesday

DAY 4: Diet Drug Trial

Posted on May 17, 2008
Lawyer says clients not told case was certified class action FROM HEARALD LEADER Testimony in the trial of three Lexington attorneys accused of stealing drug settlement money from clients has revealed a notice of class action was not sent out. David Helmers is an attorney who was working on the lawsuit filed against the makers of the fen-phen diet drug...

AOC: Separation of powers dispute arising over AOC's budget and allocation of pay raises to clerks

Posted on May 17, 2008
Separation of powers being tested in AOC budget. Story by Brandon Ortiz, Herald Leader - Court system's employee pay raises stir controversy The state court system is defying a legislative budget mandate to spend $7.8 million next fiscal year on pay raises for deputy clerks...

DAY 3: Diet Drug Trial

Posted on May 17, 2008
From Herald Leader, Fen-phen class-action notice wasn't sent Attorneys handling a $200 million fen-phen lawsuit tried to draft a letter informing plaintiffs that the case had been certified as a class action, but the notice was never sent out, according to testimony Thursday.

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

Posted on May 17, 2008
Supreme Court Justice Stephen Breyer - May 6, 2008 Stephen G. Breyer, associate justice of the Supreme Court, took his seat in 1994. His book Active Liberty is based on the Tanner lectures on Human Values that Justice Breyer delivered at Harvard University in November 2004...

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