- John D. Minton Jr. elected new chief justice of Kentucky
Posted May 12, 2008, 2:43 pm by Michael Stevens
John D. Minton Jr. elected new chief justice of Kentucky
- U.S. 6th Cir. Decisions for Week of May 5-9, 2008
Posted May 12, 2008, 2:42 pm by Michael Stevens
U.S. 6th Cir. Decisions for Week of May 5-9, 2008
- US 6th Cir. Decisions for Week of Apr. 28 - May 2, 2008
Posted May 12, 2008, 2:41 pm by Michael Stevens
US 6th Cir. Decisions for Week of Apr. 28 - May 2, 2008
- Minutes for Kentucky Court of Appeals for MAY 9, 2008 (COA) (2008:23)
Posted May 12, 2008, 12:27 pm by Michael Stevens
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 33 rendered decisions - Numbered 539-571 33 decisions with 4 published - 543; 560; 565; 570 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. Court of Appeals Minutes List Supreme Court Minutes List
- Atheist Father Who Objected To Son Attending Catholic High School Appeals Ruling
Posted May 9, 2008, 3:00 am by Diana L. Skaggs
We briefly mentioned Andrew Wolfson's article in the Courier-Journal here. As an update here is his follow up piece reporting that Judge Timothy Feeley permitted the teenager's mother to make his school decision. An appeal to the Kentucky Court of Appeals has been filed.
- May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16
Posted May 8, 2008, 4:04 pm by Michael Stevens
May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16 posted with links to full text decisions, briefs, etc. And of course, the public and lawyers are invited to these as well - in Frankfort. Or catch them at Supreme Court Live as a webcast by clicking here on date and time of argument.
- Gaskill v. Robbins Ky Supreme Court Oral Arguments Set June 11, 2008
Posted May 8, 2008, 6:33 am by Diana L. Skaggs
Having access to case status throughout the pipeline is enabling lawyers to be better advocates. How? Well, if you represent a physician, do you think you want to try that case before Gaskill v. Robbins is decided? And, if you must mediate or try your case before then, perhaps the oral arguments may help you get a feel for where the law is headed. On June 8, 2008 at 10am the Kentucky Supreme Court will hear oral arguments in Gaskill v. Robbins. We have posted about this case involving business...
- Ky AAML Awards To Hon. Bruce Petrie and Steven Kriegshaber
Posted May 7, 2008, 9:06 am by Diana L. Skaggs
The Kentucky Chapter of the American Academy of Matrimonial Lawyers presented its 11th Annual Family Law Seminar on April 17 and 18, 2008. We enjoyed the presentations by our national President-Elect, Gary Nickelson, and the provocative and dynamic duo of Lynne Gold-Bikin and Dr. Jonathan Gould. The seminar was well attended and included several of our Family Court Judges. The day long custody piece likely changed the face of custodial evaluations in Kentucky. We were also delighted to have Mel...
- Court of Appeals Finds Mention of Liability Insurance Permissible in Malpractice Case
Posted May 6, 2008, 6:12 am by Edward A. Brutscher
The Court of Appeals recently published Woolum v. Hillman, a medical malpractice case arising from the death of Hillman's unborn child. One of the more interesting issues on appeal was the allowance by the trial judge of evidence that an expert, Dr. Butcher, testifying on behalf of Dr. Woolum had the same malpractice carrier as [...]
- Court of Appeals Minutes for May 2nd
Posted May 5, 2008, 7:36 am by Edward A. Brutscher
The Court of Appeals has published its minutes for May 2nd, here. Please check back for digests of cases involving tort and insurance law.
- Minutes for Kentucky Court of Appeals for MAY 2, 2008 (COA) (2008:22)
Posted May 5, 2008, 3:57 am by Michael Stevens
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 37 rendered decisions - Numbered 502-538 4 published 503 503 - O.(S.D.) V. Com. 516 - Woolum M.D. v. Hillman 521 - Com. v. Copper Care 534 - Whaley v. Whittaker Bank 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. Court of...
- May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16
Posted May 5, 2008, 3:48 am by Michael Stevens
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. Links to COA decisions (if there are any) follow the links to the briefs. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. WEDNESDAY, MAY 14, 2008 9:00 a.m. RICHARDSON V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (2006-SC-502-DG)"Insurance. Duty to Defend. CALGA. Issues include whether the duty to defend under the Claims Against Local Governments Act...
- No To Be Published Ky COA Opinions May 2, 2008
Posted May 4, 2008, 3:00 am by Diana L. Skaggs
- Claim Preclusion and Privity
Posted May 3, 2008, 6:37 pm by Joseph E. Conley, Jr.
Most law students know the mantra. A litigant is not bound by the results of a prior case unless he or she was a party or in privity with a party to the prior case. Some relationships are easy to classify as privity: a successor in interest to real property (a new owner can't relitigate a prior decision on adverse possession for example). Others are more difficult: Is one who paid the fees in the prior case bound by those result in his own -- later -- case? Is one bound where he is represented...
- MAY 2008 Court of Appeals Argument Calendar
Posted May 3, 2008, 3:14 am by Michael Stevens
May 2008 Court of Appeals Argument Calendar posted. May 5, 6, 12, 13, 14, 21 and 29, 2008. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Monday, May 05, 2008 10:00 AM WINE CAPERTON KELLER DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136 Appeal from conviction for TBUT over $300 and PFO II. Denial of motion for directed verdict; denial of lesser-included offense instruction; violation of separation of witness order; denial of motion to suppress...
- AOC: Courthouse construction and court connections raise concerns in Herald Leader stories
Posted May 2, 2008, 3:57 am by Michael Stevens
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.COM The son of outgoing Supreme Court Chief Justice Joseph Lambert works for a company that has been the financial adviser on 70 percent of the new courthouses built between 1998 and 2006. Lambert became chief justice in 1998,...
- Comments To The Morning After Bio-Dads Lose Big
Posted May 1, 2008, 7:43 am by Diana L. Skaggs
Comments tend to get lost on this blog. I thought the following exchange was interesting enough to post separately: Ms. Kates...I respectfully disagree with your analysis as you neglect to consider that individuals under the U.S. Constitution are afforded the right to due process, which I've been denied in this case. In addition, the U.S. Supreme Court has recognized that when there is a relationship between a parent and child it is to be preserved and protected. In the case at issue, I am not...
- Time Magazine Reports Ky Bio-Dad Decision And Putative Father's Plan To Go To U.S. Supreme Court
Posted May 1, 2008, 7:18 am by Diana L. Skaggs
The story is online here. Some quotes: Last week, in a decision that underscores the tense relationship between science and law, a divided Kentucky Supreme Court told Rhoades that he could not press his paternity claim, no matter what evidence of fatherhood he might have, because J.N.R. was, and remains, a married woman. When it comes to defining fatherhood in the Bluegrass State, where Ricketts and her husband now live, the marital "I do" mean a lot more than DNA. The report continues, But...
- LAWWIRE: Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11)(COA)
Posted April 30, 2008, 7:06 pm by Michael Stevens
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...
- De facto custodians must be determined before determining custody between to sets of grandparents: BAKER V. COMBS (COA 2/29/2008)
Posted April 30, 2008, 6:58 pm by Michael Stevens
BAKER V. COMBS FAMILY LAW: Child custody and de facto custodian 2007-CA-001013 PUBLISHED: VACATING AND REMANDING PANEL: KELLER PRESIDING; THOMPSON, WINE CONCUR COUNTY: KNOX DATE RENDERED: 2/29/2008 Mother appealed from TC's order denying her motion for custody of her natural child and awarding continued permanent custody to Paternal Grandmother and Step-Grandfather ("Paternal Grandparents"). Mother and Father were never married, and Father never participated in the action or otherwise sought...