Kentucky

Supreme Court Sets Aside Age-Bias Rule and Makes Suits Harder to Win

Posted on June 19, 2009
With workplace age-discrimination claims rising rapidly, the Supreme Court made it much harder Thursday June 18, 2009,for older workers to win in court. The 5-4 decision reversed a long-standing rule. Many federal appellate courts had decided that if a worker could show age was one of the factors in a layoff or demotion, then the employer [...

U.S. Supreme Rules No Constitutional Right to DNA test

Posted on June 18, 2009
The Supreme Court said today that DNA possesses a unique ability to free the innocent and convict the guilty, but the justices nonetheless ruled that prisoners do not have a constitutional right to demand DNA testing of evidence that remains in police files...

Dr. Ted predicts Slot Bill to pass House and has enough votes in Senate to pass if it is allowed out of committee by Williams

Posted on June 18, 2009
  ?Before the special session began, only 40 or so legislators were in favor of allowing VLTS at racetracks. . The House Democratic Leadership won over nearly 20 members with the inclusion of additional school construction projects in HB 1. There are enough votes on the State Senate floor to pass HB 2...

The U.S. Supreme Court has limited the role of the courts in reviewing arbitration awards under federal law.

Posted on June 18, 2009
In a 6-3 decision Tuesday June 16, 2009, the justices said, that there may be other legal avenues besides the Federal Arbitration Act to enable a larger role for the courts in examining the work of arbitrators. The case before the Supreme Court involved a cleanup dispute between toy maker Mattel Inc...

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Cincinnati Sheriff Will Start Patrolling In Kentucky?.He is spending $90,000 in federal stimulus money to buy fancy boat to patrol a river owned by Kentucky. What?s wrong with this picture?

Posted on June 17, 2009
  Cincinnati Sheriff Simon Leis, has obtained the approval of the Hamilton County Commissioner to use $90,000 in federal stimulus money to purchase a fancy boat to patrol the Ohio River across from Covington and Newport, Kentucky.    This suggests that Sheriff Leis intends to extend his law and order crusade into Kentucky waters...

Attn. Gen. Conway Issues Opinion Finding that Constitutional Amendment Is Not Necessary

Posted on June 15, 2009
JACK CONWAY -  ATTORNEY GENERAL   June 15,2009   Subject: Video Lottery Termials at Kentucky’s Horse Race Tracks Requested by: State Representative Jody Richards, 20th Legislative District   Written by: Jennifer Black Hans  Assistant Attorney General   Syllabus: The General Assembly may authorize the Kentucky Lottery Corporation to establish, license, reguate and tax video lottery terminals at designated horse racing tracks under Ky...

Every once in a while an Appellate Judge Charms Us With a Pithy Quote?..Judge Huddleston shines on this one?.

Posted on June 15, 2009
Opinion by Senior Judge HUDDLESTON  ? Accordingly, we decline to review Appellants’ allegation of error with respect to the allocation of peremptory challenges. FN25. The distinction is as clear as the one between a demand for one’s “fair share” and a request for “some more...

Federal Court Allows Civil Suit Against Prosecutor To Continue

Posted on June 14, 2009
  LawReader.com                June 14, 2009   U.S. District Judge Jeffrey White of San Francisco has allowed a civil claim against a former U.S. Justice Department lawyer proceed for his work in drafting legal opinions upholding the right of the government to torture terroristic suspects...

Government Patent Law Rewards Lawyers Who File Claims Against Patent Holders who represent that their expired patents are still valid. Government gives half of damage awards to party suing to enforce patent law.

Posted on June 14, 2009
Government Patent Law Rewards Lawyers Who File Claims Against Patent Holders who represent that their expired patents are still valid.  Government gives half of damage awards to party suing to enforce patent law.   A recent ruling on an obscure, century-old statute has opened the door for people familiar with the finer points of patent law to [...

Kentucky?s Highest Court Ruled in 1931 that Constitution Did Not Outlaw Gambling?only lotteries?this ruling allowed pari mutual betting at race tracks?why does this myth continue?

Posted on June 14, 2009
  Kentucky?s Highest Court ruled in 1931 in the case of Commonwealth v. Kentucky Jockey Club, Inc., 238 Ky 739, 38 SW2d 987 (1931) that Section 226 of the Kentucky Constitution, which is often cited as outlawing casinos and slots in Kentucky. The Court said this section only outlawed ?lotteries of the type familiar? in 1891 [...

There is case law that supports the conclusion that Kentucky does not need a Constitutional Amendment to permit the licensing of Casino Gambling

Posted on June 14, 2009
  By LawReader Senior Editor Stan Billingsley ? Feb. 7, 2008   Gov. Beshear made his support for a constitutional referendum to allow casino gambling a mainstay of his successful campaign for Governor in 2007.  That issue as advanced by Gov. Beshear is based on the assumption that a constitutional amendment is necessary to permit the legislature to [...

Court of Appeals Sends Message to Family Courts- YOU ARE NOT SOCIAL WORKERS!!!

Posted on June 13, 2009
  By LawReader Senior Editor Stan Billingsley   At LawReader we edit every Kentucky Appellate decision and publish them every week.  Over the last six months we have noticed a very high number of cases from Family Courts being reversed.   We pursued this observation and have been persuaded by people who should know?(we protect all sources)?and have been [...

SILLIEST LAWSUIT OF THE YEAR FILED IN CAMPBELL COUNTY CIRCUIT COURT. Rep. Fischer asks court to examine racetrack gambling law which doesn?t exist.

Posted on June 13, 2009
  Rep. Jon Fischer of Campbell County has filed a lawsuit asking the Campbell Circuit Court to issue a declaratory judgment that the Governor?s proposed legislation for allowing video gambling terminals in racetracks violates the Kentucky Constitution...

Jefferson Prosecutor Accused of Not Disclosing Alleged Plea Deal Resigns

Posted on June 12, 2009
Ruth Lerner  an Assistant Commonwealth Attorney in Jefferson County has resigned under pressure after officials say she cut a deal with a witness in a capital murder case, but didn’t disclose it. The AP reported that Jefferson’s Attorney David Stengel says the undisclosed deal by Ruth Lerner resulted in the death penalty case being pleaded down [...

Attorney Eric Deters to Take on Police Office in Martial Arts Cage Match. He is doing this for charity, but the police officer may be doing this to get Eric!!!

Posted on June 10, 2009
  We found the following  report on the Cincinnati Whistleblower Blog.  We asked Eric if this is true and he says indeed it is true and tickets are on sale.  The event will be at the Dearborn County Fairgrounds on Aug. 29th. Cincinnati Whistleblower  June 9, 2009: ?Bluegrass Belligerence             Bluegrass Bureau Chief Ken CamBoo says out [...

Big Law Firms in the New York Model Becoming Obsolete ? salaries plunge-job security vanishes

Posted on June 09, 2009
The legal industry is facing a paradigm shift as fundamental as the one that has hit investment banks and the auto industry. Big Law Firms, as a business model, seems bound for obsolescence. The Hildebrandt index found, for example, that at the nation?s 20 top-grossing law firms ? 12 of which are in New York ? [...

Supreme Court Orders Recusal of Appellate Judge Who Received Large Contributions From Litigant ? This Precedent sets new recusal standard for elected judges.

Posted on June 09, 2009
June 8 2009   The right to a fair hearing before an impartial judge, untainted by money or special interests, is at the heart of the nation?s justice system and the rule of law. That right is more secure following a 5-to-4 ruling in Caperton v. A. T. Massey Coal Co, on Monday by the United [...

Career Enhancement Seminar for Female Attorneys June 18th.

Posted on June 09, 2009
Register Today For An Opportunity To Enhance Your Career Development Join us for this engaging, hands-on workshop for women attorneys packed with proven techniques and ideas you can take back to your office  and use immediately. Both our speakers have over 30 years of business  experience and have served as mentors to women in the workplace...

Gov. Beshear unveils details of proposed VLT legislation - Measure would limit VLTs to horseracing tracks to save signature industry in crisis

Posted on June 09, 2009
FRANKFORT, Ky.?Citing the crisis confronting the horse industry, Gov. Steve Beshear today released details of his proposal to authorize the limited use of Video Lottery Terminals (VLTs) at Kentucky horseracing tracks. Kentucky?s racetracks, Gov. Beshear said, are experiencing increased competition from other states offering enhanced race purses and breeders incentives made possible from expanded gaming [...

Juries in Kenton and Jefferson Issue Million Dollar Verdicts against Med Mal Insurers for Unfair Settlement of Claims -This should ?send a message? to adjustors

Posted on June 06, 2009
  This has been a good week for Med Mal lawyers in Kentucky.  In Two separate cases, one in Jefferson County and one in Kenton County, Med Mal insurance companies were found by juries to have failed to attempt to settle claims against victims of malpractice...

Jefferson Com. Attn. Dave Stengel Does the Right Thing and asks Attn. General to Intervene Re: Claims of Perjury regarding Plea Deal offered Jail House Snitch

Posted on June 06, 2009
  The Courier- Journal reported today that Jefferson Commonwealth’s Attorney Dave Stengel has asked the state attorney general’s office to investigate whether a jailhouse snitch in a murder case lied during his testimony last week about making a deal with prosecutors...

Detroit Judge Prosecuted for Knowingly Allowing Perjured Testimony to Protect Informant ? case has uncanny resemblance to Louisville case.

Posted on June 05, 2009
This news story from Detroit shows the trouble a Judge can get himself into for (allegedly) bending the rules to help prosecutors obtain convictions.  A Similar claim has been made in a murder trial in Louisville.   COMPILED BY JOE SWICKARD AND BEN SCHMITT ? May 12, 2009  Freep...

Attorney Alert: Beware of the Asia Collection Scam which is trying to lure in Kentucky Lawyers

Posted on June 04, 2009
There is a prolific scam going on now that involves law firms collecting money owed to Asian companies. The scammers are targeting Law Firms, and using verifiable company names.  This is a very professional scam, and you are the target. If they approach you they will say they represent a manufacturing company somewhere in Asia...

Commonwealth Attn. conducting Internal Review of Public Defender?s Allegations

Posted on June 03, 2009
TThe Jefferson County Commonwealth’s Attorney’s office is conducting an internal         review of allegations that two of its prosecutors withheld crucial information from  defense attorneys and then lied in court about a deal with a jailhouse informant  in a capital murder case...

Attorney General Conway and Members of the Prosecutors Advisory Council Praise Governor Beshear?s Proposed Budget Increase for Prosecutors

Posted on June 03, 2009
June 3, 2009 Attorney General Jack Conway and members of the Prosecutors Advisory Council today praised Governor Steve Beshear?s proposed Special Session budget that seeks to increase funding for Kentucky prosecutors. The Governor?s proposal calls for an increase to the Unified Prosecutorial System in fiscal year 2010 in order to ease the devastating budget shortfall that [...

Our prosecutorial accountability system will be tested by claims made by a Public Defender in Louisville this week. Will a prosecutor investigate and consider filing charges against another prosecutor in his office?

Posted on June 02, 2009
  Jefferson County Public Advocate Jay Lambert held a press conference on Monday June 1, 2009, and claimed that Judge Perry and Prosecutor Jason Butler misrepresented to the Trial Judge, Charlie Cunningham, that there was no deal or consideration extended to a jailhouse informant...

Do you know what this Chinese says? ???????? See how to translate this?

Posted on June 02, 2009
  We do, it means:  ?When depositions may be taken.?  The reason we know is that Microsoft Word has a built in translator.    This came up as LawReader has been communicating with several Chinese companies (it?s never dull around here) and we needed to translate some terms...

U.S. Supreme Ct. to review Patents for Business-Method Processes

Posted on June 01, 2009
The U.S. Supreme Court agreed to consider what types of business methods qualify for patent protection in a case with ramifications for the software, biotechnology and financial services industries. The justices today said they will review a lower court decision that narrowed the class of patentable inventions, excluding some innovations that don?t have a physical [...

Law Professor Makes Compelling Argument for Term limits for Supreme Court

Posted on June 01, 2009
By Hon. Jonathan Yates        The Buffalo News                         June 1, 2009 With an opening on the Supreme Court, attention should also be turned to the lifetime appointments for the justices. This lifetime term now enjoyed by justices not only contravenes the spirit of the Constitution, it counters the role intended for the court as a minor player [...

Did Coach Gillespie?s attorney sue the wrong party in the wrong state? UK claims no contract existed due to repeated counteroffers by coach.

Posted on May 29, 2009
  In the University of Kentucky?s lawsuit filed in response to the contract claim filed by fired UK basketball coach Gillespie, a claim is made that he sued the wrong party.  Gillespie?s lawsuit was filed in a Texas court (??) and named the UK Athletic Association as the defendant...

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