DISCRETIONARY REVIEW GRANTED 4/27/16
Nami Resources Company v. Asher Land and Minerals, Ltd,
Oil and Gas. Contracts. Fraud. Punitive Damages. Issues involve
alleged fraud and/or breach of contract in underpayment of oil and gas
royalties pursuant to lease plus the propriety of imposing punitive
State Farm v. Adams, 2015-SC-366-DG
Auto Accidents. Insurance. MVRA. Examination Under Oath. Issues
include whether an injured passenger is obligated to comply with a driver’s
insurance policy provision requiring an examination under oath as a
prerequisite to uninsured motorist or basic reparations benefits.
University of Kentucky v. Carpenter, 2015-SC-384-DG
Sex Discrimination. Retaliation. Kentucky Civil Rights Act. Kentucky
Whistleblower Act. Issues include: (1) whether the circuit court properly
ordered separate trials for each of the female police officers; (2) whether
the female police officers presented sufficient evidence of discrimination
and retaliation to survive summary judgment or a directed verdict; and (3)
whether the female police officers’ supervisors are subject to individual
liability under the Kentucky Whistleblower Act.
Dugan & Meyers Construction Company v. The Ascent at Roebling’s
Bridge, LLC, 2015-SC-635-DG, and The Ascent at Roebling’s Bridge, LLC
v. Superior Steel, 2015-SC-636-DG (cross-motions with Superior Steel v.
The Ascent at Roebling’s Bridge, LLC, 2015-SC-204-DG)
Contracts. Indemnity. Extra Work. Attorney Fees. Unjust Enrichment.
Jury Instructions. These cross-motions for discretionary review seek
review of those portions of the Court of Appeals’ decision which granted
the general contractor indemnity against the owner and construction
manager, and their insurer for amounts owed by the general contractor to
the subcontractors for extra work performed and for attorney fees awarded.
In addition, review is sought of the Court of Appeals’ decision which
vacated the jury verdict and judgment in favor of the construction manager
against the general contractor. Review is also sought of the jury
instructions under which the trial court found unjust enrichment against the
owner of the property.
Paducah Independent School District v. Putnam & Sons, LLC,
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.
DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT
Cobb v. Commonwealth, 2016-SC-63-DG
Warrantless Search of Impounded Vehicle. Suppression of Evidence.
Public Safety Exception. The first issue in this case is whether there was
reasonable basis to impound a vehicle which was parked in a driveway
prior to the arrest of its driver. The second issue is whether the public
safety exception to the requirement for a search warrant applies to permit
the inventory search of an impounded vehicle of a driver arrested by the
police for driving on a suspended license.