SC: December 2016 Discretionary Review Grants by Supreme Court

  • For Supreme Court case information, click here.
  • For Court of Appeals case info, click here.  Note, a link to the COA decision can be found under the case information.

COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW – DECEMBER 8, 2016 

AUSLANDER PROPERTIES, LLC V. JOSEPH HERMAN NALLEY, ET AL.
2016-SC-000099-DG NELSON

ANGELA FORD, ET AL. V. FAISAL SHAH, ET AL.
2016-SC-000136-DG FAYETTE

MARTIN/ELIAS PROPERTIES, LLC V. ACUITY, A MUTUAL INSURANCE COMPANY
2016-SC-000195-DG KENTON

BOARD OF COMMISSIONERS OF THE CITY OF DANVILLE, KENTUCKY V. ADVOCATE COMMUNICATIONS, INC., ETC.
2016-SC-000280-DG BOYLE

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON
2016-SC-000365-DG HARDIN

KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION V. NORMAN WILSON, ET AL.
2016-SC-000411-DG JEFFERSON

PHILLIP EDMONDSON V. COMMONWEALTH OF KENTUCKY
2016-SC-000427-DG UNION

BAUMANN PAPER CO., INC. V. KENNETH HOLLAND
2016-SC-000511-DG FAYETTE

SC: Discretionary Review Grants by Supreme Court as of September 16, 2016

University of Louisville v. Lillard, 2016-SC-64-DG
Sovereign Immunity. Contract. Employment. KRS 45A.245. Issues include whether the University is immune from a former employee’s claim for breach of his written employment contract.

Big Sandy Regional Jail Authority v. Lexington-Fayette Urban County Government, 2016-SC-8-DG
Sovereign Immunity. KRS 441.025. At issue in this matter is whether sovereign immunity bars an action by a regional jail against a county to recover the costs of housing that county’s prisoners, after they were arrested and held pursuant to a warrant from courts of that county. In addition, at issue is whether KRS 441.025 obligates a county to pay for the incarceration of prisoners arrested and held on warrants issued by the courts of that county which are served in the county where the prisoner is incarcerated.

2016-09-16-discretionaryreview

SC: Discretionary Review Grants by Supreme Court as of October 2016

  • For Supreme Court case information, click here.
  • For Court of Appeals case info, click here.  Note, a link to the COA decision can be found under the case information.

COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW – 

OCTOBER 13, 2016 

LAKE CUMBERLAND REGIONAL HOSPITAL, LLC. V. HELEN ADAMS
2016-SC-000181-DG PULASKI
AND
SPRING VIEW HOSPITAL, LLC V. KAREN JONES (NOW EPLEY)
2016-SC-000189-DG MARION
AND
SPRING VIEW HOSPITAL, LLC V. JOSEPH SPALDING, ET AL.
2016-SC-000259-DG MARION
AND
JOSEPH SPALDING, ET AL. V.  SPRING VIEW HOSPITAL, LLC
2016-SC-000277-DG MARION

ST. AUGUSTINE SCHOOL, ET AL. V. JANET CROPPER
2016-SC-000243-DG BRACKEN

COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET, DEPARTMENT OF REVENUE V. INTERSTATE GAS SUPPLY, INC., ETC.
2016-SC-000281-DG FRANKLIN

KENTUCKY STATE POLICE V. TERRY SCOTT, ET AL.
2016-SC-000303-DG FRANKLIN

KENTUCKYONE HEALTH, INC. V. BENJAMIN REID, JR., M.D.
2016-SC-000321-DG JEFFERSON

COMMONWEALTH OF KENTUCKY, JUSTICE AND PUBLIC SAFETY CABINET,  DEPARTMENT OF KENTUCKY STATE  POLICE V.  VIRGINIA GAITHER,  DMINISTRATRIX, ETC.
2016-SC-000345-DG FRANKLIN

RAHMAN ABDULLAH, ETC., ET AL. V. SEI AARON’S INC., ETC.
2016-SC-000409-DG JEFFERSON

SC: Discretionary Review Grants by Supreme Court for August 17, 2016

 

DISCRETIONARY REVIEW GRANTED 8/17/16

Adams v. Sietsema, 2015-SC-483-DG

Negligence. Medical Malpractice. Jail Healthcare. Expert Testimony.

Issues include whether an inmate who claims that the jail’s medical director and nurse practitioner caused his illness to become life threatening by inadequately supervising and communicating with the jail’s nursing staff was required to present expert testimony to establish the standard of care for jail medical staff.

Armfield v. Kentucky Farm Bureau Mutual Insurance Company, 2016-SC-148-DG

Insurance. MVRA. Underinsured Motorists Coverage. Motorcycle Exclusion.

Issues involve whether loss of consortium claims are barred by the UIM policy exclusion regarding bodily injuries sustained while occupying and operating a motorcycle.

Talley v. Paisley, 2016-SC-92-DG

Real Estate. Partition. Joint Tenancy with Right of Survivorship.

Issues involve division of proceeds of sale of realty owned by unmarried cohabiting couple in joint tenancy with right of survivorship.

Majestic Oaks Homeowners Association, Inc. v. Majestic Oaks Farms, Inc., 2016-SC-213-DG

Easements. Expiration of easement.

The issue in this case is whether the original roadway easement given to the developer of property was extinguished automatically after conveyance of developer’s lots and after conveyance of the common areas to the homeowners’ association, such that the developer was denied access to another property owned by the developer via roadways in the original development.

Riffe v. Commonwealth, 2016-SC-219-DG

Criminal Law. Suspension of driver’s license for refusal to take breathalyzer. Subsequent acquittal on DUI charge.

The issue in this case is whether the trial court erred in suspending the driver’s license for 36 months following his acquittal on a DUI-third offense, where the driver had refused a breathalyzer on advice of counsel.

Moss v. Commonwealth, 2016-SC-165-DG

Criminal Law. Evidence. Adoptive admissions. Pre-arrest silence.

The primary issue in this case is whether a defendant’s failure to respond to a witness’ statement made during a police investigation constitutes an adoptive admission, which may be introduced into evidence, or whether this failure to respond to the witness’ statement is pre-arrest silence which may not be introduced as evidence against the defendant.

DISCRETIONARY REVIEW GRANTED 4/27/16 and CROSS MOTION

GRANTED 8/17/16

Nami Resources Company, LLC v. Asher Land and Minerals, Ltd, 2015-SC-489-DG and

(Cross Motion) Asher Land and Minerals, Ltd v. Nami Resources Company, LLC, 2016-SC-235-DG

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 punitivedamages.

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT

8/17/16

Commonwealth v. Hughes, 2016-SC-137-DG

Criminal Law. CR 60.02.

Issues involve application of CR 60.02 to repeatedly rejected ineffective assistance of counsel contentions.

Hawkins v. Commonwealth, 2015-SC-639-DG

Criminal Law. First-Degree Trafficking in a Controlled Substance. KRS 218A.1412.

Issues include whether the provisions of the first-degree trafficking statute that enhance a defendant’s felony class based on the weight of the drug trafficked are intended to refer to the aggregate weight of the entire substance, i.e., pure drug plus filler substances, or solely to the portion of the substance’s total weight that consists of the pure drug itself.

Commonwealth v. Copley, 2015-SC-584-DG

Criminal Law. RCr 11.42. Ineffective Assistance of Counsel.

Issues include whether the defendant’s trial counsel provided ineffective assistance by failing to adequately explain the possibility of an EED defense.

Morrison v. Commonwealth, 2015-SC-712-DG

Criminal Law. Jury selection. Strikes for cause. Familial relation to countyattorney. Abuse of discretion.

The issue in this case is whether the trial court abused its discretion in refusing to strike for cause a potential juror who is the mother of the county attorney who had conducted the preliminary hearing in this case.

SC: Discretionary Review Grants by Supreme Court on June 8, 2016

DISCRETIONARY REVIEW GRANTED 6/8/16

Collins v. Commonwealth Transportation Cabinet, 2015-SC-675-DG

Administrative Law. Board of Claims.

Issues involve the scope of duty owed by the Transportation Cabinet Bureau of Highways in enforcing regulation regarding length and width of motor vehicles on a “nondesignated”highway.

Utility Management Group, LLC v. Pike County Fiscal Court, 2015-SC-680-DG

Open Records. KRS 61.870(1)(h) “Public Agency.”

Issues, including a constitutional challenge, involve whether a private for-profit entity contracting for operational and management services with a public entity is a “public agency” for purposes of the Kentucky Open Records Act.

Traft v. Commonwealth, 2015-SC-470-DG

Criminal Law. 4th Amendment. Traffic Stop. License Plate Reader.

Issues include whether the police have reasonable suspicion to conduct a traffic stop based solely on a license plate reader alert indicating that the owner of a vehicle has a pending warrant.

DISCRETIONARY REVIEW GRANTED WITHOUT ARGUMENT 6/8/16

Murrell v. Bottom, 2016-SC-76-DG

Criminal Law. Habeas Corpus. Transfer of Prisoner.

Issues include whether paroling a convict to the authorities of another jurisdiction in 2001 waived the Commonwealth’s right to recommit the convict for violation of the terms of his parole in 2013.

SC: Discretionary Review Grants by Supreme Court for April 2016

DISCRETIONARY REVIEW GRANTED 4/27/16

Nami Resources Company v. Asher Land and Minerals, Ltd,

2015-SC-489-DG

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

damages.

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,

2015-SC-711-DG

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

4/27/16

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.

SC: March 2016 Grants of Discretionary Review by the Supreme Court of Kentucky (MDRs)

If you want more detailed information on those cases granted discretionary review, here are links to the case information pages at the Supreme Court and at the Court of Appeals.  You will need to do a search by name, case number, etc.

  • For Supreme Court case information, click here.
  • For Court of Appeals case info, click here.  Note, a link to the COA decision can be found under the case information.

COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW
MARCH 15, 2016

MICHAEL SCALISE, ET AL. V. SUZETTE SEWELL-SCHEUERMANN
2016-SC-000246-DG JEFFERSON

NORFOLK SOUTHERN RAILWAY COMPANY V. SHARON JOHNSON
2016-SC-000248-DG BOYLE

COMMONWEALTH OF KENTUCKY V. DAVID J. MOORE
2016-SC-000275-DG CARROLL

WILLIAM DAVID ELLINGTON, ET AL. V. HARLAN RANDALL BECRAFT, ET AL.
2016-SC-000513-DG BATH

WILLIAM J. YUNG, ET AL. V. GRANT THORNTON, LLP
2016-SC-000571-DG KENTON

LATASHA MAUPIN V. ROLAND TANKERSLEY
2016-SC-000572-DG JACKSON

HARRY L. SEEGER V. SHARON LANHAM
2016-SC-000677-DG NELSON

PBI BANK, INC. V. SIGNATURE POINT CONDOMINIUMS LLC
2017-SC-000007-DG JEFFERSON

SC: Discretionary Review Grants by Supreme Court as of September 16, 2015

Cumberland Falls, Double Rainbow, 10/30/2015. Photo by Michael Stevens.

Cumberland Falls, Double Rainbow, 10/30/2015. Photo by Michael Stevens.

Supreme Court grants of discretionary review on September 16, 2015 and complete list of pending grants as of September 2015.

DISCRETIONARY REVIEW GRANTED 9/16/15

Kentucky Retirement Systems v. Carson, 2015-SC-94-DG
Administrative Law. Disability Retirement. Issues include the applicability of administrative res judicata in the context of a KRS 61.600(2) disability benefits reapplication.

Kentucky Retirement Systems v. Wimberly, 2015-SC-159-DG
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.”

McCarty v. Faried, 2015-SC-271-DGE
Family Law. Child Support. Income Exceeding Guidelines. Issues include 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.

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 9/16/15

Stone v. DuBarry, 2015-SC-40-DG
Attorney Fees. Does KRS 376.460 permit filing and enforcing an attorney’s lien to recover unpaid fees pursuant to the contract for representation in a marital dissolution proceeding involving division of marital assets?

Rice v. Commonwealth, 2014-SC-733-DG
Criminal Law. Home Incarceration. Non-Violent Felony Offense. KRS 532.210. Issues include whether a defendant who commits a non-violent Class D felony with a mandatory prison sentence is eligible to serve that sentence on home incarceration.

Hacker v. Commonwealth, 2015-SC-38-DG
Criminal Procedure. Court’s comment prior to jury deliberations about defense counsel’s comment regarding presence of subpoenaed witness for prosecution. The issue is whether it was reversible error for the trial court, in the absence of any objection, to comment to the jury after closing arguments and before deliberations, that defense counsel had misled the jury, even inadvertently, in regard to why a particular witness was testifying in the case.

Shinkle v. Turner, 2015-SC-39-DG
Forcible Detainer. Statutory Notice to Vacate Premises. The issue is the propriety of the filing of a forcible detainer action prior to the expiration of the 30 notice to vacate the premises required by KRS 383.195, and whether the trial court may delay entry of an order until the expiration of the 30 days, or must dismiss the action as improperly filed.

Unifund CCR Partners v. Harrell, 2015-SC-117-DG
Prejudgment interest. Rights of third party assignee of a debt. Violation of Fair Debt Collection Practices Act. The issue is whether a third party assignee of a debt can claim prejudgment interest at the statutory rate of 8% where the original creditor had charged off the debt and had stopped assessing the contractual rate of interest on the debt for several months prior to the sale of the debt to the third party. Is a claim for recovery of prejudgment interest at the statutory rate by a third party assignee a violation of the Fair Debt Collection Practices Act?

Pending grants of discretionary review as of  9/16/2015:

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