COA: April 2014 Summaries of Published Decisions for Court of Appeals (statutory guardian authority to enter into binding arbitration agreement; post-judgment interest reduction below statutory 12%)

The Published Decisions for the Kentucky Court of Appeals for the month of April 2014  are summarized briefly and by topic  in the PDF document below.

Issues of interest include court-appointed guardian of nursing home resident had authority to enter into compulsory arbitration agreement and enter into collateral agreements affecting the jural rights of the guardian’s ward (LP Pikeville, LLC vs. Wright); affirmed circuit court’s denial of motion to reduce post-judgment interest rate of 12% (University Medical Center,Inc. vs. Beglin).

Confederate Raids and Invasions & a Federal Retreat in Kentucky.  Marker outside Bourbon County Court House, Paris, Kentucky.  Photo by Mike Stevens 4/2/2014 (not all pictures have a touch of style and creativity, but I did touch up some of the faded black lettering)

Confederate Raids and Invasions & a Federal Retreat in Kentucky. Marker outside Bourbon County Court House, Paris, Kentucky. Photo by Mike Stevens 4/2/2014 (not all pictures have a touch of style and creativity, but I did touch up some of the faded black lettering)

For the complete archive of monthly summaries from the Kentucky Court of Appeals, then click here.

For the complete list of March summaries of the PUBLISHED decisions from the Kentucky Court of Appeals with names, digest, topic, and links to the full text of the actual decision, then continue reading.

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COA: March 2014 Summaries of Published Decisions for Court of Appeals (child support; contracts; counties; criminal; custody; damages; insurance; roads; and summary judgment)

The Published Decisions for the Kentucky Court of Appeals for the month of March 2014  are summarized briefly and by topic  in the PDF document below. Issues of interest include damages for breach of a land contract (City of Hillview v. Truck America Training, LLC);  dower and spouses life insurance proceeds (Kiphart vs. Bays); did insurance policyContinue ReadingContinue Reading

COA: Feb. 2014 Summary of Published Decisions for Court of Appeals (bad faith appeal interlocutory; Rule 11 failure to sign pleadings; mounted police immune; sealed discovery records opened.

The Published Decisions for the Kentucky Court of Appeals for the month of February 2014 address the following tort, insurance and civil issues:  dismissed insurance company’s appeal of bad faith order as interlocutory; Rule 11 sanctions affirmed for failure to sign pleadings; mounted policeman given qualified official immunity; common law right of access to sealedContinue ReadingContinue Reading

COA: July 25, 2014 Court of Appeals’ Decisions (662-700) – piercing the corporate veil; indemnity agreement; domesticating foreign judgment; three compulsory arbitration motions by nursing homes found to be based upon POA without legal authority (Pinged again); medical malpractice case and survey evidence; intentional acts exclusion in homeowners; and default judgment affirmed.

The Kentucky Court of Appeals announced 39 decisions this week, numbered 662 through 700, designating two to be published.  This week’s issues include piercing the corporate veil; indemnity agreement; domesticating foreign judgment; three compulsory arbitration motions by nursing homes found  to be based upon POA without legal authority (Pinged again x 3); medical malpractice case and survey evidence;Continue ReadingContinue Reading

COA: July 18, 2014 Court of Appeals’ Decisions (632-661) – compulsory abitration and Ally Cat; reversal of family court order reinitiating mother’s contact with children; spousal waiver of UM applies to husband; post-Shelton slip and fall affirmance of “incredibly open and obvious” hazard

The Kentucky Court of Appeals announced 30 decisions this week, numbered 632-661, designating seven to be published and the the remainder not to be published but posted and available for your reading nonetheless.   Some issues you may find of interest are  compulsory abitration and Ally Cat;  reversal of family court order reinitiating mother’s contact with children; spousalContinue ReadingContinue Reading

COA: July 11, 2014 Court of Appeals’ Decisions (610-631) – Re: KSP trooper’s testimony re human factors; insurance bad faith claim on homeowners policy addressing a myriad of issues which should be read as a primer for those considering taking on the complexity of bad faith litigation (eg.,provisions of insurance contract, coverage and exclusions of contract, reasonable expectations doctrine, duty to mitigate damages, insurer’s motion for summary judgment directed verdict and JNOV, trial court’s evidentiary rulings on evidence of settlement negotiations and admission of expert testimony, and jury instructions) in which Kentucky lawyer Austin Mehr prevailed at both the trial and on appeal)

The Kentucky Court of Appeals announced 22 decisions this week, numbered 610-631, designating 2 to be published and the the remainder not to be published but posted and available for your reading nonetheless.   Some issues you may find of interest are  KSP trooper’s testimony re human factors;  insurance bad faith claim on homeowners policy addressingContinue ReadingContinue Reading

COA: July 3, 2014 Court of Appeals’ Decisions (588-609) – Re: taxation for 911 services; qualified official immunity in police arrest; relation back of amendments and estoppel arguments rejected in statute of limitations dismissal of complaint

This week’s Court of Appeals decisions numbered 590-609 (no 598, 599),  with 20 decisions; 1 of which has been designated “to be published”.  COA addressed taxation for 911 services; qualified official immunity in police arrest; relation back of amendments and estoppel arguments rejected in statute of limitations dismissal of complaint. The published decisions for July 3, 2014 withContinue ReadingContinue Reading

COA: June 27, 2014 Court of Appeals’ Decisions (558-587) – Re: PIP carrier’s use of medical doctors to review chiropractors; absolute immunity and qualified immunity of county road supervisors

This week’s Court of Appeals decisions numbered 558-587,  with 30 decisions; 3 of which have been designated “to be published”.  COA addressed PIP carrier’s use of medical doctors to review chiropractors; absolute immunity and qualified immunity of county road supervisors.   The published decisions for June 27, 2014 with name, link to full text, and key issuesContinue ReadingContinue Reading

COA: June 20, 2014 Court of Appeals’ Decisions (537-557) – Re: another post-Shelton remand back to the trial court on the open and obvious issue in an ice in the parking lot case; affirmed trial court’s order denying “John Doe” subpoena against internet provider for identity of defaming party; affirmed denial of nursing home’s motion to compel arbitration of a springing durable power of attorney

This week’s Court of Appeals decisions numbered 537-557,  with 21 decisions; 5 of which have been designated “to be published”.  COA addressed another post-Shelton remand back to the trial court on the open and obvious issue in an ice in the parking lot case; affirmed trial court’s order denying “John Doe” subpoena against internet provider forContinue ReadingContinue Reading

COA: June 13, 2014 Court of Appeals’ Decisions (505-536) – Re: Legal malpractice and Statute of Limitations; Dismissal of appeal for deficient brief; police immunity; child abuse reporting immunity; Post-Shelton Premises Liability; Bad Faith’s “evil motives” and jury question

This week’s Court of Appeals decisions numbered 505 through 536,  with 32 decisions; 6 of which have been designated “to be published”.  COA addressed  Legal malpractice and Statute of Limitations; Dismissal of appeal for deficient brief; police immunity; child abuse reporting immunity; Post-Shelton Premises Liability; Bad Faith’s “evil motives” and jury question.    The published decisions for June 13, 2014Continue ReadingContinue Reading

COA: June 6, 2014 Court of Appeals’ Decisions (484-504) – Re: Qualified immunity and Lou Zoo Train Crash; “Owned but not scheduled” vehicle exclusion for UIM is “no go”; discovery rule for legal malpractice SOL; and attorneys, loans

This week’s Court of Appeals decisions numbered 484 to 504,  with 21 decisions; 4 of which have been designated “to be published”.  COA addressed the consolidated appeal in the Louisville Zoo train accident involving issues of sovereign and qualified official immunity of zoo director and others in personal injury claim;  the proper and timely filing of aContinue ReadingContinue Reading

COA: May 30, 2014 Court of Appeals’ Decisions (458-483)

This week’s Court of Appeals decisions numbered 458-483 with 26 decisions; 5 of which have been designated “to be published”.  COA addressed government budgetary furloughs, Retired Justice Graves’ expert testimony in will contest, indemnity, attorney lien, and Post-Shelton premises liability for a McDonalds’ icy parking lot… and more. The published decisions for week of May 30, 2014Continue ReadingContinue Reading

COA: May 23, 2014 Court of Appeals’ Decisions (437-457)

This week’s Court of Appeals decisions numbered 437-457 with 21 decisions; 6 decisions to be published. The published decisions can be directly accessed as follows: 415.  Chou vs. Chilton (real party in interest; LLC dissolution; breach of fiduciary duties, covenant of good and fair dealing; misrepresentation; misappropriation of funds) 439. Smith vs. Smith (marital property distribution; child supportContinue ReadingContinue Reading

FREE OnLine Webinar on July 17, 2014 — “The 4 Most Important Webpages In Your Business, And How To Tweak Them To Triple Your Revenue In The Next 12 Months” with Amy Porterfield and Tim Paige

For those of you interest in picking up some free information on on-line marketing, content management systems, social media from those in the know, I am sharing an email I received from Amy Porterfield.  She focuses on the Facebook context, but offers much, much more help for marketing the business.  All you need to doContinue Reading

DEFENSES: Qualified Official Immunity, Ministerial vs. Discretionary, County Roads, Fiscal Court & Road Forman, & Design, repairs and maintenance. Estate of Megan Morris vs. Tony Smith (COA,Published 5/9/2014)

A detailed analysis was undertaken by the Court of Appeals addressing responsibilities and duties of the fiscal court and county road official for the operation and maintenance of county roads within the context of official immunity and individual liability with a focus on discretionary acts (immune) and ministerial acts (not so immune). 421.  Official Immunity.Continue Reading

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