Kentucky

SCOTUS: Local blawg postings include Scalia interview and Kennedy fantasy camp

Posted on May 04, 2008
For you SCOTUS watchers, here are two posts I have picked up by local bloggers. First, Marcia Oddi, Indiana Law Blog, has one on Justice Scalia: Courts - Justice Scalia interview CBS 60 Minutes host Leslie Stahl conducted a remarkable interview of Justice Antonin Scalia, broadcast last evening...

FEDERAL COURTS: Judge Bertelsman will not recuse himself in Diet Drug Criminal Trial

Posted on May 04, 2008
Federal judge refuses to step aside, critical of defense HERALD LEADER A federal judge in Covington has again denied defense motions that he step aside from the pending trial of three lawyers accused of defrauding plaintiffs in a diet drug settlement...

COURT: Hardin County lawsuit on superbug infections at the jail

Posted on May 04, 2008
From the Courier Journal is Andrew Wolfson's story on a "flesh eating" bacteria outbreak and lawsuit out of Hardin County. 'Superbug' infects Hardin County inmates Three inmates claim in lawsuits that they were infected with a painful, disfiguring and potentially fatal staph infection.

OP-ED: "The slow erosion of respect for government"

Posted on May 04, 2008
Last week we provided links to two news stories out of the Herald Leader regarding Kentucky's courthouse construction - AOC: Courthouse construction and court connections raise concerns in Herald Leader stories. David Hawpe from the Courier Journal has followed up these stories with an op-ed piece...

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COURTS: Judge Bertlesman rules diet drug lawyers' trial will go as planned on May 12

Posted on May 03, 2008
Courier Journal reports that Judge won't delay fraud trial of three lawyers A federal judge in Covington has denied defense motions seeking a delay in the trial of three lawyers charged with wire fraud conspiracy in a diet drug settlement.

FEDERAL COURTS: Diet Drug Criminal Trial Will Not be Delayed

Posted on May 03, 2008
No delay in trial of fen-phen lawyers HERALD LEADER Three fen-phen lawyers will go on trial in federal court on May 12, as scheduled. On Thursday, U.S. District Judge William Bertelsman rejected motions for a continuance from defense attorneys, saying it was time to move on with the case.

UofL Law: Levinson published law review article entitled "Lawyering Skills, Principles and Methods Offer Insight as to Best Practices for Arbitration"

Posted on May 03, 2008
UofL Law Prof Ariana Levinson's article Lawyering Skills, Principles and Methods Offer Insight as to Best Practices for Arbitration, 60 Baylor L. Rev. 1 (2008), it is now available!

May 2008 Supreme Court of Kentucky (SCOKY) Argument Calendar

Posted on May 03, 2008
May 2008 Supreme Court of Kentucky (SCOKY) Argument Calendar posted at AOC. Briefs filed at Northern Kentucky University Chase School of Law.

MAY 2008 Court of Appeals Argument Calendar

Posted on May 03, 2008
MAY 2008 Court of Appeals Argument Calendar posted at the Kentucky Court Report (and on line at the AOC)

COURTS: Lawsuit filed in teen's death in bus accident

Posted on May 03, 2008
From Herald Leader, Lawsuit filed in teen's death The family of a boy killed Thursday when the bus he was riding in was struck by a dump truck filed a lawsuit Friday afternoon against the truck driver and the trucking company. Daniel Wood, 16, of Falmouth died after a dump truck, driven by Francisco Yulfo of XXL Trucking, crossed the center line on Ky...

COURTS: Lexington Public Defender Quitting Over Pay Cuts

Posted on May 02, 2008
Justice is not served when those whom we pay to defend and not paid well! This story on pay cuts to a public defender is not a good sign of the times, nor the tomorrows: Chief public defender quits over pension issue Herald Leader The director of Lexington's public defender office will retire June 1, the Department of Public Advocacy said Tuesday...

COURTS: Jefferson County Judge Martin McDonald "hears arguments on dangerous-dog law"

Posted on May 02, 2008
Courier Journal story: Judge hears arguments on dangerous-dog law A Jefferson circuit judge heard arguments yesterday over whether the current version of Louisville's dangerous-dog law should be discarded.

COURTS: "Thieneman family company sues councilman over cell tower deal" in Jefferson County

Posted on May 02, 2008
Jefferson County suit by Congressional candidate's family against Metro council member (individually). Courier Journal story: Thieneman family company sues councilman over cell tower deal A company owned by the family of developer Chris Thieneman, a Republican candidate for Congress, has sued Metro Council member Bob Henderson for allegedly breaking up a business deal to place a cell tower on Dixie Highway.

COURTS: Dram shop suit filed in Jefferson County

Posted on May 02, 2008
Courier Journal story on family of decedent as opposed to the estate of the decedent filing suit claiming dram shop liability against nightclub. Accident victim's family sues club owners, promoters The family of a Louisville man killed in a drunken-driving accident early the morning after the 2007 Kentucky Derby has filed suit against the owners and promoters involved with a Louisville nightclub.

AOC: Courthouse construction and court connections raise concerns in Herald Leader stories

Posted on May 02, 2008
Two stories this week raise questions about the appearance of relatives of justices to the the construction of the Commonwealth's courthouses. Both from the Herald Leader. Here they are: Lambert's son linked to courthouses By Linda B. Blackford LBLACKFORD@HERALD-LEADER...

AOC NEWS: Highlands High School is 2008 Kentucky Mock Trial Tournament champion

Posted on May 02, 2008
Highlands High School is 2008 Kentucky Mock Trial Tournament champion Highlands High School in Fort Thomas will compete in the National High School Mock Trial Tournament after winning the state championship.

UofL LAW: Booksigning with Law School Alumnus Howard Fineman at Carmichaels on May 15

Posted on May 02, 2008
Booksigning with Law School Alumnus Howard Fineman (class of 1980), Newsweek columnist and MSNBC political analyst will discuss his new book The Thirteen American Arguments: Enduring Debates that Inspire and Define our Country at Carmichael's Bookstore on Thursday, May 15th at 7 PM.

FAMILY LAW: Law Blog Roundup on Recent SCOKY Case on Patentity Dispute during coverture

Posted on May 02, 2008
The Kentucky Supreme Court's recent decision holding family court did not have jurisdiction to entertain paternity dispute by biological father and upholding preumption of paternity during coverture. JNR and JFR v. Honorable Joseph O?Reilly, Judge, Jefferson Family Court Putative Father Lacks Standing To Assert Paternity Of Child Born During Marriage In Kentucky DIVORCE LAW JOURNAL The Morning After Bio-Dads Lose Big In Kentucky DIVORCE LAW JOURNAL More From The Kentucky Supreme Court Yesterday DIVORCE LAW JOURNAL Time Magazine Reports Ky Bio-Dad Decision And Putative Father's Plan To Go To U...

LBA CLE: "Diversity in Law Firms" Thurs. May 8, 2008 @ 3-6 pm

Posted on May 01, 2008
The LBA is proud to host the annual Black History Month program featuring nationally renowned speaker Arin N. Reeves of The Athens Group. (this program was re-scheduled from an earlier February date) Reeves will speak on the importance of diversity in the legal profession and the various methods for recruiting and retaining minority lawyers...

New Kentucky Commercial Law and Litigation Blog opens its web site in Northern Kentucky - Law Firm of Buechel and Conley

Posted on April 30, 2008
There's a new blawg in town (or actually the Commonwealth of Kentucky). It is called Kentucky Commercial Law and Litigation. The most recent post was entitled Class Actions and the Annihilation Defense . The attorneys behind this blog (per their about page) are: Buechel & Conley is a law firm started by two former partners -- one a Tax and Corporate Partner, the other a Litigation Partner -- in Greater Cincinnati's largest law firm...

Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11)

Posted on April 30, 2008
Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11) 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] 27 rendered decisions Nos...

UofL FACULTY: "Faculty Blogs: The Council on Postsecondary Education, the Law and the Governor" [Metzmeier]

Posted on April 27, 2008
Thanks to Kurt Metzmeier at the UofL Law Faculty Blog for his post on the Kentucky Attorney General Jack Conway's opinion on Faculty Blogs: The Council on Postsecondary Education, the Law and the Governor. For the AG Opinion go to the UofL post by Kurt - Kentucky Attorney General Jack Conway yesterday released an opinion finding that the Council on Postsecondary Education (CPE) violated Kentucky law when it hired Brad Cowgill as its chief without conducting a statutorily required national search...

Minutes for Kentucky Court of Appeals for April 25, 2008 (COA) (2008:21)

Posted on April 27, 2008
Minutes for Kentucky Court of Appeals for April 25, 2008 (COA) (2008:21) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 17 rendered decisions - Numbered 485-501 2 published 497 - Finance and Admini...

Minutes for Kentucky Supreme Court for April 24, 2008 (2008:20)

Posted on April 27, 2008
Minutes for Kentucky Supreme Court for April 24, 2008 (2008:20) Click here for minutes at AOC with links to full text of each decision 32 rendered decisions: 71-102 20 published (71-90) 7 disciplinary matters (4 published) 7 of 44 cases granted discretionary review - 15...

LEGISLATURE: Lawreader has posted links from the LRC on all new laws passed during the 2008 Regular Session

Posted on April 27, 2008
Thanks to LawReader for finding and posting a list of all the new laws passed this past session. However, I refer you to an earlier story by Stan Billingsley at Lawreader which questioned the validity of some of those laws passed and signed AFTER the legislative deadline at midnight - Legislature illegally passed several laws after expiration of the 2008 Session in violation of the Constitution...

FAMILY LAW: "Court rules no paternity rights for father of child from affair"

Posted on April 27, 2008
Recent Courier Journal story posted on decision from Kentucky Supreme Court on biological father's lack of standing to assert paterning of child born during marriage. Court rules no paternity rights for father of child from affair Thu Apr 24, 2008 Here is a link to two postings on this decision found at the Divorce Law Journal: JNR and JFR v...

SKOKY: CJ Editorial - "The Soft Landing"

Posted on April 27, 2008
The Courier Journal's editorial follows on the announced retirement of Chief Justice Lambert - "The Soft Landing".

COURTS: Wrongful death of student hit by police cruiser at Bowling Green settled

Posted on April 27, 2008
Louisville attorney Phil Grossman representing estate of student killed by Bowling Green police officer reports case has settled for $1 million. "We wanted to find out what happened to Ali and why. It was also important to us to be part of the solution that could encourage police traffic practices that would prevent serious injury and death to innocent citizens of the city of Bowling Green," Grossman said...

OFF TOPIC: "Traveling Tribute To Vietnam Vets Visits Danville"

Posted on April 24, 2008
I have seen both the "real" memorial and the "traveling tribute" memorial to the Vietnam War. Both are worth your time; both offer the same but different perspectives on the war and those who died there. However, I am and was reminded that those names honored on that wall did pay the ultimate sacrifice; but there were others, military and civilian, home and abroad, who served our nation, our families, our friends faithfully too...

COURTS: "Wheelchair user fined for using street" WAVE3

Posted on April 24, 2008
Wheelchair user fined for using street WAVE3 A judge in Lancaster has fined a man who drove his electric wheelchair on a street.

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