Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Kentucky
: Kentucky CasesJURISDICTION: Subject matter, Indiana contract -- LYNN V. DIGITAL LIFESTYLES, LLC (COA 11/14/2008)
By Michael Stevens
LYNN V. DIGITAL LIFESTYLES, LLC
JURISDICTION: Subject matter, Indiana contract
EVIDENCE: Spoliation of Evidence
2007-CA-002442
PUBLISHED: AFFIRMING
PANEL: LAMBERT JAMES PRESIDING; HENRY, NICKELL CONCUR
JEFFERSON CIR. COURT
DATE RENDERED: 11/14/2008
The Court affirmed a judgment of the circuit court denying appellant?s motion for summary judgment and findings of fact and conclusion of law awarding damages to appellee on its claim for breach of contract for the installation of a home theater system. The Court first held that the case fell into the exception articulated in Transportation Cabinet, Bureau of Highways, Com. of Ky. v. Leneave, 751 S.W.2d 36 (Ky. App. 1988), allowing for the appeal of a denial of a motion for summary judgment because the facts were not in dispute, the question of whether the Court had jurisdiction was a matter of law, and there was a final judgment with an appeal taken. The Court then held that the trial court had personal jurisdiction over appellant even though he was an Indiana resident, the contract was signed in Indiana, and the work was to be performed in Indiana. Appellant came into Kentucky and sought out the on-going contract for goods and services, traveled into Kentucky to re-negotiate the contract, ultimately contracted with another Kentucky business, and caused direct consequence within the state by negotiating a contract for a large sum of money. The Court then held that appellee was not required to prove with certainty the costs of the equipment for the project because the equipment was ultimately not purchased because of the breach. Therefore, the trial court did not abuse its discretion by relying on testimony that the equipment costs amounted to half of the contract price and awarding damages based on that testimony. The Court finally held that there was no evidence that appellee suppressed or spoiled evidence.
From COA November
Summaries
Full post as published by Kentucky Cases on December 23, 2008 (boomark / email).
Uniform Commercial Code and Contracts
Interstate commercial transactions and sale of goods in the United States
Employment Contracts
General Contract Law Principles
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Apple Inc.
allegedly maintained an illegal monopoly on the digital music market.
Oil and Gas
industry workers allegedly subject to serious accident injury from hazardous conditions.
Explicit E-Mail
Adult website fined $413,000 in explicit e-mail matter.
AnchorBank
$1.27 million in construction contract termination lawsuit.
Ram Publishing
alleging phone book advertising contract fraud.
Ellsworth School District
4.4% increase in salaries as part of contract settlement.

CA1: 1983 state action failures are not a matter of subject matter jurisdiction
Second Circuit Addresses Subject Matter Jurisdiction in "Foreign-Cubed Action"
Justices: Indiana OK to dismiss jurisdiction
Straub: No Subject Matter Jurisdiction needed for Criminal Contempt
Ind. Decisions - 7th Circuit rules in two Indiana cases today
Indiana jurisdiction over out-of-state defendants







