Business Law / Contracts | Kentucky Court Report

CORPORATIONS (fraud, duties): Bear, Inc. v. Smith (COA 1/22/2010)

by Michael Stevens | Mar 20, 2010 | Business Law / Contracts, COA Decisions, Insurance | 0 |

Bear, Inc. v. Smith2008-CA-001556 01/22/2010 2010 WL 199416Opinion by Judge Moore; Judges Keller and Taylor concurred. The Court affirmed in part, reversed in part, and remanded a summary judgment of the circuit court dismissing...

CONTRACTS (bank, deficiency judgment, covenant of good faith and fair dealing): Harvest Homebuilders LLC v. Commonwealth Bank and Trust Company (COA 1/29/2010)

by Michael Stevens | Mar 20, 2010 | Business Law / Contracts, COA Decisions, Insurance | 0 |

Harvest Homebuilders LLC v. Commonwealth Bank and Trust Company2008-CA-001897 01/29/2010 2010 WL 323186Opinion by Judge Taylor; Chief Judge Combs and Senior Judge Henry concurred. The Court affirmed a judgment of the circuit...

CONTRACTS: Barnett v. Community Trust Bank, Inc. (COA 12/18/2009)

by Michael Stevens | Mar 18, 2010 | Business Law / Contracts, COA Decisions | 0 |

Barnett v. Community Trust Bank, Inc.2009-CA-000164 12/18/2009 2009 WL 4877691Opinion by Judge Lambert; Senior Judge Harris concurred; Judge VanMeter dissented by separate opinion. The Court vacated and remanded a summary...

CONTRACTS: Barber Cabinet Company, Inc. v. Sparks (12/4/2009 COA)

by Michael Stevens | Mar 18, 2010 | Business Law / Contracts, COA Decisions | 0 |

Barber Cabinet Company, Inc. v. Sparks2008-CA-001948 12/04/2009 2009 WL 4406079Opinion by Senior Judge Lambert; Chief Judge Combs and Judge Moore concurred. The Court reversed and remanded an order of the trial court finding...

TAXATION – Corporations, physical presence: Revenue Cabinet v. Ashworth Corporation (COA 11/20/2009)

by Michael Stevens | Jan 15, 2010 | Business Law / Contracts, COA Decisions, Revenue and Taxation | 0 |

Revenue Cabinet v. Ashworth Corporation2007-CA-002549 11/20/09 2009 WL 3877518Opinion by Judge VanMeter; Judges Clayton and Nickell concurred. The Court affirmed in part and reversed in part and remanded an order of the circuit...

GARNISHMENT: Brooks v. Lexington-Fayette Urban County Housing Authority (COA 11/13/2009)

by Michael Stevens | Jan 15, 2010 | Business Law / Contracts, Civil Procedure, COA Decisions, Debtor, Creditors, Consumers | 0 |

Brooks v. Lexington-Fayette Urban County Housing Authority2008-CA-001677 11/13/09 2009 WL 3786367Opinion by Judge Nickell; Judges Keller and Moore concurred. The Court affirmed orders of the circuit court granting appellee’s...

CORPORATIONS – Corporate Veil: Inter-Tel, Inc. v. Linn Station Properties, LLC (COA 11/20/2009)

by Michael Stevens | Jan 15, 2010 | Business Law / Contracts, COA Decisions | 0 |

Inter-Tel, Inc. v. Linn Station Properties, LLC2008-CA-002266 11/20/09 2009 WL 3878099Opinion by Senior Judge Henry; Judges Caperton and Dixon concurred. The Court affirmed an opinion and order of the circuit court granting a...

Case Notes: Waters v. City of Pioneer Village (COA 11/20/2009)

by Michael Stevens | Jan 13, 2010 | Business Law / Contracts, Case Notes, COA Decisions, Employment Law / Gov't Retirement, Government | 0 |

Waters v. City of Pioneer Village 2008-CA-000837 11/20/09 2009 WL 3877596 Opinion by Judge Clayton; Judges Moore and VanMeter concurred. The Court affirmed an order of the circuit court granting a judgment to the appellee city...

PROPERTY – Equitable subrogation, liens: Roberts v. Mortgage Electronic Registration Systems, Inc. (COA 10/30/2009)

by Michael Stevens | Dec 16, 2009 | Business Law / Contracts, COA Decisions, Debtor, Creditors, Consumers, Property | 0 |

Roberts v. Mortgage Electronic Registration Systems, Inc.2008-CA-000262 10/30/09 2009 WL 3486594Opinion by Judge Thompson; Chief Judge Combs concurred; Senior Judge Buckingham dissented by separate opinion. The Court reversed...

BUSINESS, Noncompete Clause: Kegel v. Tillotson (COA 10/30/2009)

by Michael Stevens | Dec 14, 2009 | Business Law / Contracts, COA Decisions | 0 |

Kegel v. Tillotson2008-CA-001938 10/30/09 2009 WL 3486739Opinion by Judge Caperton; Judges Dixon and Taylor concurred. The Court reversed and remanded an order of circuit court granting a motion for summary judgment in favor of...

Case Notes: Metro Louisville/Jefferson County Government v. Abma (COA 9/4/2009)

by Michael Stevens | Oct 31, 2009 | Business Law / Contracts, Case Notes, COA Decisions, Employment Law / Gov't Retirement, Government | 0 |

Metro Louisville/Jefferson County Government v. Abma 2007-CA-001417 9/4/09 2009 WL 2837355 Rehearing pending Opinion by Judge Nickell; Judges Acree and Senior Judge Knopf concurred. The Court affirmed in part and vacated in part...

CONTRACTS – No enforceable contract, statute of frauds, promissory estoppel, etc. : Gray v. First State Financial, Inc. (COA 9/18/2009)

by Michael Stevens | Oct 31, 2009 | Business Law / Contracts, COA Decisions | 0 |

Gray v. First State Financial, Inc.2008-CA-001034 9/18/09 2009 WL 2971673 DR pendingOpinion by Judge VanMeter; Judges Lambert and Moore concurred. The Court affirmed a summary judgment in favor of appellees on appellant’s claims...

STATUTE OF FRAUDS: Barbara Lucinda Sawyer v. Melbourne Mills, Jr. (SC 8/27/2009)

by Michael Stevens | Oct 10, 2009 | Business Law / Contracts | 0 |

Barbara Lucinda Sawyer v. Melbourne Mills, Jr.2007-SC-000296-DG August 27, 2009Opinion by Justice Noble. All sitting; all concur. Sawyer was formerly employed by Mills—a lawyer representing clients in a class action suit. Sawyer...

CONSUMERS – Garnishment exemptions limited to bankruptcy: MPM Finacial Group, Inc. v. Michael P. Morton (SC 6/25/2009)

by Michael Stevens | Oct 8, 2009 | Business Law / Contracts, Debtor, Creditors, Consumers, SCOKY Decisions | 0 |

MPM Finacial Group, Inc. v. Michael P. Morton2007-SC-000652-DG June 25, 2009Opinion by Justice Venters. All sitting; all concur. MPM sued Morton for theft and embezzlement and obtained a $14,000 judgment in its favor. MPM then...

BUSINESS LAW / SOL – Adverse domination and tolling of shareholder suits against directors; equitable tolling: John R. Wilson, Trustee for Franklin Career Services, LLC v. David B. Paine & John Newton (SC 6/25/2009)

by Michael Stevens | Oct 8, 2009 | Business Law / Contracts, Civil Procedure, Defenses, SCOKY Decisions | 0 |

John R. Wilson, Trustee for Franklin Career Services, LLC v. David B. Paine & John Newton 2008-SC-000905-CL June 25, 2009 Opinion by Justice Cunningham. All sitting; all concur. The U.S. Bankruptcy Court for the Western...

TORTS / WORKERS COMPENSATION — Exclusive remedy, coworkers, contractors and temporary labor: Labor Ready, Inc. and Sylvann C. Hudson III v. Wanda Sue Johnston (SC 6/25/2009)

by Michael Stevens | Oct 7, 2009 | Business Law / Contracts, Defenses, Employment Law / Gov't Retirement, Insurance, SCOKY Decisions | 0 |

Labor Ready, Inc. and Sylvann C. Hudson III v. Wanda Sue Johnston 2007-SC-000419-DG June 25, 2009 Opinion of the Court; Justice Abramson not sitting. Mid-America Auto Auction routinely supplemented its permanent workforce during...

TORTS – Developer liability for defects in home, genuine issues existed on summary judgment motion: George Miller, et al. v. Donna Hutson (d/b/a Scott Partin Builders) (SC 4/23/2009)

by Michael Stevens | Oct 3, 2009 | Business Law / Contracts, Civil Procedure, Insurance, Property, SCOKY Decisions | 0 |

George Miller, et al. v. Donna Hutson (d/b/a Scott Partin Builders)2007-SC-000317-DG April 23, 2009Opinion by Justice Schroder; all sitting. Miller, buyer of a new residence, brought an action against Hutson, a subdivision...

WORKERS COMP: Every officer of corporation is also employee for WC purposes: Kentucky Employers’ Mutual Insurance v. J&R Mining, Inc. et al. (SC 3/19/2009)

by Michael Stevens | Sep 30, 2009 | Business Law / Contracts, SCOKY Decisions, Workers Compensation | 0 |

Kentucky Employers’ Mutual Insurance v. J&R Mining, Inc. et al.2008-SC-000257-WC March 19, 2009Opinion of the Court; all sitting; Justice Venters concurs in result only. Earl Reed, Jr., president and co-owner of a mining...

TORTS – Predictions of future peformance did not amount to fraud unless incorporates falsified info: Flegles, Inc. v. Truserv Corporation (SC 2/19/2009)

by Michael Stevens | Sep 27, 2009 | Business Law / Contracts, Insurance, SCOKY Decisions | 0 |

Flegles, Inc. v. Truserv Corporation2006-SC-000471-DG 2/19/20092007-SC-000155-DG 2/19/2009Opinion by Justice Abramson; all sitting. Affirmed.Flegles Inc., which operated a family-owned True Value hardware store, sued its...

Contracts – equine, veterinary practice of medicine, KRE 401: Ramsey v. Lambert (COA 8/7/2009)

by Michael Stevens | Sep 23, 2009 | Administrative / Regulatory Law, Business Law / Contracts, COA Decisions, Evidence | 0 |

Ramsey v. Lambert2008-CA-000862 8/7/09 2009 WL 2408413Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court affirmed a jury verdict awarding fees to appellees under an oral contract to provide...

Category: Business Law / Contracts

CORPORATIONS (fraud, duties): Bear, Inc. v. Smith (COA 1/22/2010)

CONTRACTS (bank, deficiency judgment, covenant of good faith and fair dealing): Harvest Homebuilders LLC v. Commonwealth Bank and Trust Company (COA 1/29/2010)

CONTRACTS: Barnett v. Community Trust Bank, Inc. (COA 12/18/2009)

CONTRACTS: Barber Cabinet Company, Inc. v. Sparks (12/4/2009 COA)

TAXATION – Corporations, physical presence: Revenue Cabinet v. Ashworth Corporation (COA 11/20/2009)

GARNISHMENT: Brooks v. Lexington-Fayette Urban County Housing Authority (COA 11/13/2009)

CORPORATIONS – Corporate Veil: Inter-Tel, Inc. v. Linn Station Properties, LLC (COA 11/20/2009)

Case Notes: Waters v. City of Pioneer Village (COA 11/20/2009)

PROPERTY – Equitable subrogation, liens: Roberts v. Mortgage Electronic Registration Systems, Inc. (COA 10/30/2009)

BUSINESS, Noncompete Clause: Kegel v. Tillotson (COA 10/30/2009)

Case Notes: Metro Louisville/Jefferson County Government v. Abma (COA 9/4/2009)

CONTRACTS – No enforceable contract, statute of frauds, promissory estoppel, etc. : Gray v. First State Financial, Inc. (COA 9/18/2009)

STATUTE OF FRAUDS: Barbara Lucinda Sawyer v. Melbourne Mills, Jr. (SC 8/27/2009)

CONSUMERS – Garnishment exemptions limited to bankruptcy: MPM Finacial Group, Inc. v. Michael P. Morton (SC 6/25/2009)

BUSINESS LAW / SOL – Adverse domination and tolling of shareholder suits against directors; equitable tolling: John R. Wilson, Trustee for Franklin Career Services, LLC v. David B. Paine & John Newton (SC 6/25/2009)

TORTS / WORKERS COMPENSATION — Exclusive remedy, coworkers, contractors and temporary labor: Labor Ready, Inc. and Sylvann C. Hudson III v. Wanda Sue Johnston (SC 6/25/2009)

TORTS – Developer liability for defects in home, genuine issues existed on summary judgment motion: George Miller, et al. v. Donna Hutson (d/b/a Scott Partin Builders) (SC 4/23/2009)

WORKERS COMP: Every officer of corporation is also employee for WC purposes: Kentucky Employers’ Mutual Insurance v. J&R Mining, Inc. et al. (SC 3/19/2009)

TORTS – Predictions of future peformance did not amount to fraud unless incorporates falsified info: Flegles, Inc. v. Truserv Corporation (SC 2/19/2009)

Contracts – equine, veterinary practice of medicine, KRE 401: Ramsey v. Lambert (COA 8/7/2009)

Sign up for Kentucky Court Report Email Updates

Most Recent Posts

Stuff

LEGAL DISCLAIMER