COA: August 2016 Oral Argument Calendar for Court of Appeals

Dates are Aug. 23 and 30 @ Frankfort.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY. And here is a link to the AOC page containing their index to all Court to Appeal oral argument calendars.

Some issues for the month of August 2016 are:

  • Whether the Board of Trustees for the Kentucky Retirement System erred by denying Ferrell permanent disability benefits.
  • Whether circuit court erred by dismissing appellant’s complaint against Kentucky Real Estate Appraisers’ Board was barred by collateral estoppel.
  • Taxation: whether tax payers (Wal-Mart Stores East) were entitled to statutory compensation for collecting sales tax; compensation in excess of $1,500/month; statutory amendments.
  • Whether circuit court erred by granting appellees’ motion for summary judgment as KRS 15.520 does not grant hearing rights to a deputy sheriff in county where no merit board exists.

Here is the complete calendar for this month.  Please note these are not available through on line streaming like those of SCOKY.

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COA: July 2016 Oral Argument Calendar for Court of Appeals

Scheduled dates for oral arguments: July 12 (Frankfort); July 27 (Leitchfield)

Going to be a quiet month with only two arguments set for the month of July.  One at Frankfort; and the other in Leitchfield.

No summaries of the issues were included with these minutes.

But we do have a courthouse photo for you.

This is the third courthouse in Breckinridge County and is still standing.

The newest one is just around the corner.

 

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COA: June 2016 Oral Argument Calendar for Court of Appeals

Scheduled dates for oral arguments: June 14 (Frankfort); June 28 (Frankfort)

Third Breathitt County Courthouse. Located in Jackson, Kentucky. Two-story brick Victorian structure was built in 1876-77, and was remodeled first in 1899 and later in 1912. Clock tower added in 1912 remodeling. Condemned and dismantled in 1958. Image of postcard courtesy of Keith Vincent, www.CourtHouseHistory.com.

Third Breathitt County Courthouse. Located in Jackson, Kentucky. Two-story brick Victorian structure was built in 1876-77, and was remodeled first in 1899 and later in 1912. Clock tower added in 1912 remodeling. Condemned and dismantled in 1958.
Image of postcard courtesy of Keith Vincent, www.CourtHouseHistory.com.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

Some issues for the month of JUNE 2016 are:

  • Civil; Breach of Fiduciary Duty: Whether appeal was taken from a final order; Whether joint and several liability was proper; Whether issue preclusion /collateral estoppel was properly applied; Was the award of pre-judgment interest proper; Whether the judgment is void for uncertainty.  Jun 14.

  • Commonwealth appeals from jnov acquitting def. of failure to comply with sex offender registration & PFO I. Sufficiency of evidence warranting submission of charge to jury. Jun 14.

  • Family law case: Whether the family court failed to comply with KRS Chapter 600 and erred in its determination that child was neglected or abused. Jun 14.

  • Hardin Co., KY d/b/a Hardin Memorial Hospital, et al. v. The Visitation Birth and Family Wellness Center, Inc., et al. Jun 28.

  • Case of first impression involving the “intracorporate conspiracy doctrine” and KRS 344.280(2), which creates a case of action for aiding and abetting an unlawful employment practice.

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COA: May 2016 Oral Argument Calendar for Court of Appeals

Dates for May: May 10 - Louisville; May 24 - Frankfort

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Some issues this month are:

  • Appeal from denial of challenge of property tax increase. The circuit court ruled that the petition did not meet the statutory requirements necessary to submit the issue for popular vote. May 10.

  • Appeal from order permitting condemnation and exercise of eminent domain by local water district over Appellant’s farm. Whether the water district negotiated in good faith, and therefore, whether condemnation was an available remedy; whether an agricultural conservation easement over the property prevented condemnation; whether the Prior Public Use Doctrine prohibits condemnation.  May 24.

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COA: April 2016 Oral Argument Calendar for Court of Appeals

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Some issues this month are:

  • Appeals from orders granting de facto custodian status & custody status to grandmother. Sufficiency of notice of de facto custodian hearing; sufficiency of evidence that grandmother was sole caretaker and supporter of child; sufficiency of findings supporting de facto custodian status; whether de facto custodian status must be re-evaluated based on change in circumstances; use of affidavits sworn out by counsel in support of motion to modify custody.

  • Appeal from verdict in a bench trial involving accounting fraud & malpractice and awarding $20M in compensatory damages & $80 M in punitive damages. The Yungs and their family trust hired Thornton to design a strategy to minimize tax liability on income from foreign corporations. The IRS disallowed the shelters and imposed additional taxes, interest & penalties on the income. The trial court found that Thornton was grossly negligent in providing the accounting services, and made false representations and material ommissions concerning the risks of the strategy employed. Whether the Yungs established justifiable reliance; whether Thornton’s conduct & omissions are actionable as fraud; whether trial court improperly disallowed limitation of liability clause in engagement letter; award of compensatory damages based upon tax liability & interest; whether the Yungs properly asserted a claim for unliquidated damages; sufficiency of evidence of fraud and gross negligence for punitive damages; whether punitive damages award was excessive; award of pre-judgment and post-judgment interest; limitation on discovery of advice that Yungs received from their tax attorneys.

  • Construction company appeals from decision in a breach of contract action involving subcontractor plumbing company. Appeal is from order granting the plumbing company’s motion to vacate an order dismissing its counterclaims and deeming requests for admissions admitted.

  • Direct appeal from several pretrial rulings related to granting partial summary judgment in favor of Appellee; granting Appellee’s motion in limine declaring a dispute resolution provision is enforceable; ruling on the reasonableness of liquidated damages; and a discovery ruling. Cross appeal addresses whether the trial court properly denied MSD’s motion for a JNOV and for a directed verdict.

Here is the complete list for this month’s COA argument calendar with case names, dates, times, location, parties, counsel:

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COA: March 2016 Oral Argument Calendar for Court of Appeals

Dates: March 8 (Brandeis School of Law, Univ. of Louisville); March 17 (Elizabethtown); March 23 (Jefferson County Judicial Cntr. Louisville); March 29 (Covington)

Sixth and current Barren County Courthouse was dedicated in 1965, built under the administration of Judge James E. Gillenwater.  Designed by Lexington architects Bayless, Clotfelter, and Johnson and built by Ernest Simpson Construction Co. at a cost of $470,000 and was listed on the  National Register of Historic Places in 1980.

Sixth and current Barren County Courthouse was dedicated in 1965, built under the administration of Judge James E. Gillenwater. Designed by Lexington architects Bayless, Clotfelter, and Johnson and built by Ernest Simpson Construction Co. at a cost of $470,000 and was listed on the National Register of Historic Places in 1980.

Some of the issues before the Court of Appeals are:

  • Whether the trial court erroneously granted summary judgment in favor of the appellees on appellants’ negligence and strict liability claims.

  • Civil; Corporations; Non-Compete clauses: Whether there are sufficient grounds to reverse a jury verdict.

  • Civil; Issues involving tortious interference with: 1) contractual relations, and 2) prospective business advantage/prospective contractual relations as well as whether an underlying contract/agreement existed.

  • Whether workers compensation board properly reversed and remanded a worker’s compensation claim which was dismissed by Administrative Law Judge. Appellee was injured while pursing a shoplifter, prior to the beginning of his shift.

  • Appeal from adverse possession judgment finding adverse possession of 23.74 acres. Appellant argues the adverse possessory activities of predecessors of title caused a failure to prove elements of adverse possession by clear and convincing evidence and, further, that indispensible parties were not joined to the action

  • MOR appeal from jury verdict of guilt. Issues include whether the trial court erred in denying Appellant funds for a pre-trial interpreter, whether instructions were wrongly denied and whether certain testimony should have been disallowed

  • Summary judgment and declaratory judgment action regarding rate increases by sanitation district. Coleman, et al. challenged the legality of the increases in light of new legislation resulting in KRS 220.135 and .035 which altered the process for approving such rate increases. Whether the new legislation applied to the contested rate increases; whether a rational relationship existed between the service charges and the benefit realized; whether the doctrine of laches precluded appellants’ claims. Both parties request oral argument.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Here is the complete list for this month’s COA argument calendar with case names, dates, times, location, parties, counsel:

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COA: February 2016 Oral Argument Calendar for Court of Appeals

Dates: Feb 9 @ Frankfort; Feb 24 @ Louisville; Feb 29 @ Elizabethtown

Fifth Courthouse for Fayette County, Lexington, Kentucky. Construction began in 1898 on the same site as three earlier courthouses at a cost of $187,181. It is now pending renovation at a projected cost of $30 million.

Fifth Courthouse for Fayette County, Lexington, Kentucky. Construction began in 1898 on the same site as three earlier courthouses at a cost of $187,181. It is now pending renovation at a projected cost of $30 million.

Some of the issues are:

  • Open records dispute involving alleged invalidity of an administrative regulation

  • Appeal from summary judgment which found the deceased did not substantially comply with the changing of beneficiaries of an IRA account.

  • Appeal from judgment in declaration of rights action. Did trial court err in holding that insurance policy did not provide defense and coverage in class action suit against company that purchases and collects on delinquent tax certificates? Did trial court err in holding that Kentucky contract law should be applied in interpreting insurance policy?

  • Whether trial court properly dismissed claims of negligence against off-duty Versailles police officer who ordered 2 drunks to leave rural venue where he was privately employed as a security officer. Appellants were severely injured and their child killed by drunk driver.

  • Whether circuit court erred by denying JNOV/new trial; whether circuit court properly instructed jury.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Here is the complete list for this month’s COA argument calendar with case names, dates, times, location, parties, counsel:

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COA: January 2016 Oral Argument Calendar for Court of Appeals

Dates: January 21 (Louisville), 27 (Frankfort) & 28 (Frankfort), 2016.

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Carter County Judicial Center at Grayson, Kentucky

Some of the issues are:

  • Whether circuit court properly rendered summary judgment concluding that Kentucky National Insurance Co. properly rescinded motor vehicle insurance coverage based upon a material misrepresentation on Jan. 21;
  • Whether circuit court properly rendered summary judgment dismissing Taylor’s action as Kentucky did not possess jurisdiction over same on Jan. 21;
  • MOR appeal from jury verdict in favor of Appellee in auto accident case. Issues are whether trial court erred in refusing to set aside verdict and for new trial on grounds of improper closing argument by  appellee’s counsel, excessive verdict and admission of a portion of deposition testimony. On cross-appeal Appellee argues that trial court improperly modified judgment. Jan. 27.
  • An appeal of the trial court’s certification of truck drivers as a class and the appeal of the denial of partial summary judgment. Jan. 27.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Here is the complete list for this month’s COA argument calendar:

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COA: December 2015 Oral Argument Calendar for Court of Appeals

Only one case set for oral argument on December 7, 2015 in Frankfort Kentucky. The issue is on insurance and looks at the interpretation of KRS 304.39-270, whether reparations obligor may deny no-fault benefits without a court order.

1939 Court House still standing (top left). Vanceburg Street (top middle). Civil War Memorial (right). Judicial Center (bottom left).

1939 Court House still standing (top left). Vanceburg Street (top middle). Civil War Memorial (right). Judicial Center (bottom left).

Court of Appeals of Kentucky will hear oral arguments for the month of December 2015 on December 7 in Frankfort.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

For this month’s COA argument calendar:

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COA: November 2015 2015 Oral Argument Calendar for Court of Appeals

Court of Appeals of Kentucky will hear oral arguments for the month of November 2015 on Nov 5, 16 and 17 in Frankfort; November 19 in Owensboro.

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

For this month’s COA argument calendar:

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