COA: January 2017 Oral Argument Calendar for Court of Appeals

Dates: Jan. 27 & 27, 2017

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. with names, litigants, issues, and the dates/times/locations for each argument – Oral Arguments Calendar.

Some issues for the month of January 2017 are:

*1. Property restrictions on rental property-did the trial court err by finding the weekly and nightly rentals of property violated the applicable property restrictions. 2. Permanent injunction entered. 3. Did circuit court improperly dismiss harassment claim

*Appeal from grant of summary judgment. Did the court err in holding that Appellant’s former law firm was his alter-ego and that Appellant remained in control of the entity?

*Appeal from Circuit Court order reversing BOL’s penalty as issued by the BOL. Issue is whether BOL erred failing to grant a hearing and arguments as directed by Supreme Court in remanding the matter on its first appeal.

* Whether the trial court erred when it granted summary judgment in favor of Appellees and dismissed Appellant’s claim that tAppellees violated the garnishment order served each of them.

* Appeal of circuit court order granting summary judgment to Appellees in an action for damages cause to Appellant while shopping for a horse.

* Whether the trial court properly overruled the Appellant’s motion for summary judgment based on the “up the Ladder” immunity which the Appellant claims.

* Whether circuit court properly rendered summary judgment interpreting a reservation in a deed as including oil and gas mineral rights.

*  Whether circuit court erred by dismissing appellant’s claim as time-barred.

January2017

COA: December 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. And here is a link to the AOC page containing their index to all Court to Appeal oral argument calendars. with names, litigants, issues, and the dates/times/locations for each argument – Oral Arguments Calendar.

Some issues for the month of December 2016 are:

  • Appeal from denial of prison officials’ motion for summary judgment on claims arising from inmate’s injury in prison workshop. Whether officials were entitled to qualified official immunity; whether they showed deliberate indifference and whether this vitiates immunity; whether officials’ duties were ministerial or discretionary; whether there were genuine issues of material fact regarding officials’ adherence to prison policies. 12/5
  • Administrative Law: Whether the circuit court erred when it reversed a hearing officer for the lexington Fayette Urban County Human Rights decision regarding whether appellants were discriminated against on a protected status by a public accommodation. 12/13
  • Whether circuit court erred by reversing the Board of Tax Appeals’ decision concerning the tax exempt status of appellants’ retirement home.  12/13
  • Whether circuit court erred by granting judgment in favor of appellees and denying homeowners’ association the right to enforce the restrictive covenants. 12/13
december2016

COA: November 2016 Oral Argument Calendar for Court of Appeals

Eg. Administratrix of an estate appeals trial court's grant of summary judgment in a wrongful death action wherein the trial court held that defendant/appellee's actions did not constitute the elements necessary for a wrongful death action and further, that 911 dispatcher was protected by official immunity because his actions were discretionary rather than ministerial. 11/30/2016. Louisville.

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. with names, litigants, issues, and the dates/times/locations for each argument.

Some issues for the month of November 2016 are:

  • Whether family court erred in its division of marital property award of maintenance, and award of time-sharing. 11/17/2016. Louisville.
  • Whether family court erred by involuntarily terminating appellant’s parental rights.  11/17/2016. Louisville.
  • Whether the family court erred by granting DVO against appellant. 11/17/2016. Louisville.
  • Whether the trial court properly granted the Appellee’s motion to dismiss pursuant to CR 12.02 for failure to state a claim. 11/29/2016. Frankfort.
  • RCr 11.42 case. Appellant alleges as inadequate assistance of counsel the failure of trial counsel to remove from jury panel a victim of a previous crime of defendant. Case of first impression.  11/30/2016.  Louisville.
  • Appeal from declaratory judgment concluding that the Claims Against Local Governments Act (CALGA) required Metro to indemnify police officer for damages caused by his off-duty use of a police vehicle. Metro argues that officer’s use of the vehicle fell outside of CALGA’s “scope of employment” requirement.  11/30/2016.  Louisville.
  • Administratrix of an estate appeals trial court’s grant of summary judgment in a wrongful death action wherein the trial court held that defendant/appellee’s actions did not constitute the elements necessary for a wrongful death action and further, that 911 dispatcher was protected by official immunity because his actions were discretionary rather than ministerial.  11/30/2016.  Louisville.

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: October 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. And here is a link to the AOC page containing their index to all Court to Appeal oral argument calendars. with names, litigants, issues, and the dates/times/locations for each argument.

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: September 2016 Oral Argument Calendar for Court of Appeals

Dates: September 20, 27 & 29, 2016

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. with names, litigants, issues, and the dates/times/locations for each argument.

Some issues for the month of September 2016 are:

  • Open records request to Revenue Cabinet. Issue of first impression: do taxpayers have a privacy interest in maintaining the confidentiality of their files involving appeals of their tax assessments? Revenue Cabinet seeks to maintain the privacy interest of taxpayers.  9/20
  • Appeal filed from default judgment entered in suit filed to settle estate. 9/27
  • Appeal from jury verdict in personal injury case. Issues involve exclusion of expert testimony, failure to grant continuance and incomplete timely production of discovery. 9/27
  • Appeal from foreclosure action. Does a judgment lien, properly recorded, have priority over a money purchase mortgage entered into later? 9/27
  • Appeal from trial court’s ruling that the economic loss rule bars appellant’s claim for negligent misrepresentation. 9/27
  • Whether the Board properly affirmed the ALJ’s decision that appellant suffered no compensable work-related injury. 9/29

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: 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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