SC: October 2016 Oral Arguments before Ky Supreme Court

Issues for October 13 & 14, 2016 include:

  • “Medical Malpractice. Informed Consent. Expert Testimony. Directed Verdict. The first issue is whether a directed verdict dismissing the case is appropriate in a medical malpractice claim when the plaintiff states during opening argument that she will introduce no expert testimony regarding the adequacy of the informed consent provided to her prior to the procedure. The second issue is whether expert testimony is necessary for the plaintiff to sustain her burden of proof with regard to the adequacy of the informed consent.”
  • “Family Law. Maintenance. Unemployed Spouse. Reasonable Expenses. Whether the family court correctly included expenses that are fully or partially attributable to the parties’ children in the unemployed spouse’s reasonable expenses when calculating maintenance.”
  • “Contract. Homeowner’s Insurance. Collapse. Issues include whether the structural damage to the insured’s home was sufficient to meet the policy’s definition of collapse.”
  • “Freedom of Speech. Criminal Penalties. City Ordinances. Whether a city ordinance banning the practice of begging or soliciting upon the public streets or at the intersection of public streets constitutes a violation of free speech and whether such an ordinance can impose criminal penalties for its violation.”
  • “Eminent Domain. Fair Market Value. Stand Alone Use of Property. Highest and Best Use. Expert Testimony. The issue is whether the Court of Appeals erred in its application of the highest and best use test in this eminent domain proceeding, and in doing so, whether the Court of Appeals usurped the role of the trial court as the finder of fact in such proceedings.”
  • “Attorney Fees. Issues involve whether, despite the circuit court’s award (following a bench trial and supported by expert testimony) of a partial fee on a quantum meruit basis to a law firm terminated by a personal injury plaintiff, that firm’s handling of basic and added reparation benefits created “good cause” for the termination and therefore defeated the claim for any portion of the fee.”

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.

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SC: September 2016 Oral Arguments before Ky Supreme Court

Dates: September 14, 15 & 16, 2016

Issues for September 2016 include:

  • “Clean Water Act. Best Practice Judgment (BPJ) Analysis. The first issue is whether the Cabinet was required, as a matter of law, to impose best practice judgment (BPJ) analysis, in addition to effluent limitation guidelines (ELG) when issuing a permit to LG&E for the discharge of its wastewaters into the Ohio River when the Cabinet’s initial interpretation of the provisions governing the issuance of this permit did not require the Cabinet to do so. The second issue was whether the reviewing court should defer to the Cabinet’s interpretation of the provisions and regulations governing the issuance of a permit for the discharge of wastewater.” 9/14
  •  

    “Governmental Immunity. Negligence. Comair Analysis. Issues include whether Kentucky River, the Community Action Agency for four counties, is entitled to governmental immunity from a wrongful death claim.” 9/14

  •  

    “Taxation. Kentucky Constitution. Telecommunications. Franchise Fees. KRS 136.660. Issues include whether the Telecommunications Tax, which bars localities from collecting franchise fees from telecommunications service providers, violates Sections 163 and 164 of the Kentucky Constitution.” 9/15

  •  

    “Criminal Law. Attorneys. Conflict of Interest. The issues presented are (1) whether it is a conflict of interest for a criminal attorney in a local DPA office to represent a defendant in a case where another criminal attorney in the same DPA office represents the victim of that defendant’s actions on other criminal charges; and (2) whether it is reversible error for the trial court to conclude that there was no conflict of interest and to proceed to trial with the DPA attorney representing the defendant, who has refused to waive the conflict of interest.”9/15

 

 

  • “KRS 441.245(3). Authority of Fiscal Court. Establishment of Jailers’ Salary. The issue in this case is whether a fiscal court may decrease the salary of a jailer who does not operate a full service jail, from term to term pursuant to KRS 441.245(3).”  9/15

 

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.

Download (PDF, Unknown)

SC: August 2016 Oral Arguments before Ky Supreme Court

Set for August 17, 18 & 19, 2016 at State Capitol in Frankfort.

This month’s oral arguments will most probably be highlighted partisan battle over the separation of powers and the budget.  Lots of briefs, lots of lawyers, and probably lotta fireworks under the Dome.  As much as I would like to watch this historical confrontation involving our branches of government  with the governor and the legislature, I may have to stay home and see if I can record it.  We will see.

Scheduled for Thursday, August 18, 2016 at 10:oo am.  More details are–

COMMONWEALTH OF KENTUCKY, EX REL. ANDY BESHEAR, ATTORNEY GENERAL V. COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR EX REL. MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR, ET AL. (2016-SC-000272-TG) 

AND 

JIM WAYNE, IN HIS OFFICIAL CAPACITY AS STATE REPRESENTATIVE, ET AL. V. COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR, ET AL. (2016-SC-000273-TG) 

2016-SC-272 APPELLANT BRIEF 

2016-SC-273 APPELLANT BRIEF 

APPELLEE BRIEF – GOVERNOR, ET AL. 

APPELLEE BRIEF – TREASURER 

2016-SC-272 REPLY BRIEF 

2016-SC-273 REPLY BRIEF 

“Summary Judgment. Separation of Powers. Budgeting and Appropriations.”

Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Commonwealth of Kentucky, Ex Rel. Andy Beshear, Attorney General: John Michael Brown, La Tasha Arnae Buckner, Mitchel Terence Denham and Joseph Newberg

Attorneys for Commonwealth of Kentucky, Ex Rel. Matthew Bevin, in his official capacity as Governor; Commonwealth of Kentucky Finance and Administration Cabinet, Ex Rel. William M. Landrum, in his official capacity as Secretary; and Commonwealth of Kentucky Office of the State Budget Director, Ex Rel. John Chilton, in his official capacity as State Budget Director: Michael T. Alexander, Mark Stephen Pitt and Stephen Chad Meredith

Attorney for Commonwealth of Kentucky Department of the Treasury, Ex Rel. Allison Ball, in her official capacity as Treasurer: Noah Robert Friend

Attorney for Jim Wayne, in his official capacity as State Representative; Darryl Owens, in his official capacity as State Representative; and Mary Lou Marzian, in her official capacity as State Representative: Pierce Butler Whites.

Other issues this week include:

  • “Criminal Law. First-Degree Assault. Non-Relative Caregiver. Issues include whether a non-relative caregiver can be found guilty of first-degree assault when she allowed the disabled adult, for whom she was the primary caregiver, to live in life-threatening squalor.”
  • “Administrative Law. Occupational Safety and Health. Whether KRS 338.121 provides protection against discrimination regarding employee complaints to employers absent a specific state regulation characterizing such complaints as protected activity.”
  • “Contracts. Specific Performance. Option to Purchase. Non-Binding Appraisal. Material Breach. The first issue is whether appeal of an order granting specific performance on an option to purchase property is moot where the party ordered to specifically perform transfers the property in exchange for payment, does not seek a stay while on appeal of the order granting specific performance, or does not post a supersedeas bond. A second issue is whether a non-binding appraisal may constitute a “material breach” of an option to purchase agreement which would suspend performance of the agreement for sale of property.”
  • “Workers’ Compensation. Widow’s right to benefits under KRS 342.750, following a full and final settlement by the injured worker prior to his death.”
  • “Marital Dissolution. The issue is whether a party adjudicated incompetent may petition for dissolution of a marriage to a spouse also serving as the petitioner’s guardian and conservator.”

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.

Download (PDF, Unknown)

SC: July 2016 – No Oral Arguments Scheduled this month before Ky Supreme Court

No arguments set for month of July 2016.

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

SC: June 2016 Oral Arguments before Ky Supreme Court

Dates: June 8, 9 and 10, 2016 in Frankfort

I apologize for missing the first day, but here are the issues for Today (June 10) and tomorrow (June 11).

Please note the oral arguments on the Jefferson County fair jury selection case arising out of Judge Olu Stevens’ court is scheduled for Thursday, June 9, 2016 at 11:oo am.  See links below for catching it live.

  • Wednesday, June 8
    • “Criminal Law. Hate Crimes. In this prosecution for four assaults, issues include the constitutionality and applicability of “hate crime” statute KRS 532.031.”

    • “Wrongful Death. Statute of Limitations. Issues involve whether the statute of limitations”

    • “Insurance. Bad Faith. Damages. Emotional Distress. The primary issue on this review is whether expert testimony is necessary to substantiate damages for emotional distress in a bad faith case.”
  • Thursday, June 9
    • “Administrative Law. Disability Retirement. Issues include the applicability of administrative res judicata in the context of a KRS 61.600(2) disability benefits reapplication.”

    • “Administrative Law. Disability Retirement. Issues include the applicability of administrative res judicata in the context of a KRS 61.600(2) disability benefits reapplication as well as whether alcohol abuse can constitute a KRS 61.600(3)(d) preexisting condition.”

    •  “Certification of the Law. Jury Selection. Fair cross-section requirement.”

      • Jefferson Circuit Court, Judge Olu Alfredo Stevens

        Attorney for Appellant: Dorislee J. Gilbert

        Attorneys for Appellee: Daniel T. Goyette, Cicely Jaracz Lambert and Sean Thomas Pharr

  • Friday, June 10
    • “Statutory interpretation. Class Action Certification. The issue is whether the language of KRS 337.385 prohibits the bringing of claims by employees for wage and hour violations under Kentucky state law as a class action.”

    • “Validity of Louisville Metro Minimum Wage Ordinance. Home Rule Authority. Preemption of State Law over Local Ordinances.”

    • “Juvenile Law. Sex Offender Registration Act. Non-resident adjudication. The issue presented is whether a juvenile adjudicated guilty of a sex offense requiring registration as a sex offender in another state, is required to register after moving to Kentucky.”

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.


Download (PDF, Unknown)

SC: April 2016 Oral Arguments before Ky Supreme Court

Set for April 27, 2016 at State Capitol in Frankfort.

Issues:

  • “Administrative Law. Board of Claims. Issues include the scope of the Transportation Cabinet’s responsibility for maintaining a “gore area” known to contain potentially hazardous sign debris.”

  • “Writ of Prohibition. Disclosure of the identity of an anonymous internet.

  • “Elections. Issues involve deviations from the election statutes, especially with respect to applications for and counting of absentee ballots, and the impact upon the validity of the 2014 election for Magoffin County Judge Executive.”

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.

Download (PDF, Unknown)

SC: March 2016 Oral Arguments before Ky Supreme Court

Only one day - Wednesday, March 9, 2016 - 9 to 11 am.

This month’s issues include:

  • “Family Law. Child Support. Income Exceeding Guidelines. Whether the trial court properly included projected expenses in the child’s reasonable needs when establishing an initial child support order for a high income parent.”

  • Nuisance. Trespass. State Law Tort Claims. Preemption. The issue to be determined is whether the federal Clean Air Act preempts state law tort claims.”

  • “Criminal Law. Admissibility of testimony about an absent videotape.”

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.

Download (PDF, Unknown)