SC: September 28, 2017 Decisions of the Supreme Court of Kentucky (Minutes)

Nos. 116-135 with 12 decisions "published"

Some Published Decisions from Sept. 28, 2017:

117.  Immunity. Denial of Summary Judgment. Claim of Governmental Immunity of tort claims.
Board of Trustees  of the Kentucky School Boards Ins. Trust v. Pope

119.  Workers Compensation.  Notice. KRS 342.135. Service of a claim upon an employer.
Uninsured Employers Fund v. Acahua

121.  Nuisance. Trespass. Injunctive Relief. State Law Tort Claims. Preemption.
Brown-Forman  Corporation v. Miller

122.  Open Meetings. Issues include applicability of the KRS 61.810(1)(b) exception regarding “deliberations on the future acquisition . . . of real property” in circumstances involving bidding at public auction.
Board of Commissioners of City of Danville v.  Advocate Communications

Attorney Discipline September 28, 2017:

Court Orders Granting Motions for Discretionary Review – Sept. 20, 2017

  • SAMEENA AZMAT, AS MOTHER AND NEXT FRIEND OF NAUSHER AZMAT V. GEORGE W. BAUER, M.D., III, ET AL.
    2016-SC-000560-DG HARDIN
  •  COMMONWEALTH OF KENTUCKY V. JOHNNIE DOUGLAS
    2017-SC-000024-DG JEFFERSON
  •  BETH LEWIS MAZE, ET AL. V.  BOARD OF DIRECTORS FOR THE COMMONWEALTH POSTSECONDARY EDUCATION PREPAID TUITION TRUST FUND (CUNNINGHAM, J., NOT SITTING.
    2017-SC-000233-DG FRANKLIN
  •  CINDY MUNCIE, ET AL. V. PATRICIA WEISEMAN
    2017-SC-000235-DG OLDHAM
  • PHYLLIS ROACH V. KENTUCKY PAROLE BOARD, ET AL. KENTUCKY BOARD OF MEDICAL  LICENSURE V. JON M. STRAUSS, M.D.
    2017-SC-000260-DG JEFFERSON
  •  KAREN MARTIN DOYLE, N/K/A KAREN MARTIN BRADLEY V. JAMES SAMUEL DOYLE, A/K/A SAM DOYLE
    2017-SC-000358-DGE KNOTT
  •  LAURA FAYE SMITH V. JIMMY HOWARD MCGILL, JR.
    2017-SC-000395-DGE JEFFERSON 

    Court Orders Granting Motions for Discretionary Review – Sept. 21, 2017

  •  THE TRAVELERS INDEMNITY COMPANY V. CHARLES ARMSTRONG, ADMINISTRATOR, ETC. 2017-SC-000041-DG WARRENANDMARTIN CADILLAC, INC., ETC. V.CHARLES ARMSTRONG, ADMINISTRATOR, 2017-SC-000042-DG WARRENMINTON, C.J.; CUNNINGHAM, KELLER, VENTERS, WRIGHT, JJ., AND DAVID ROYSE AND JUSTIN D. CLARK, SPECIAL JUSTICES, SITTING. HUGHES AND VANMETER, JJ., NOT SITTING.

Court Orders Dismissing:

MATTHEW G. BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY V.  ANDY BESHEAR, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY

We granted transfer from the Court of Appeals of Governor Matthew G. Bevin’s appeal from the circuit court’s final judgment and grant of permanent injunctive relief. The circuit·court sustained the Attorney challenge to ”’ the Governor’s. authority under Kentucky Revised Statute (KRS) 12.028 to abolish and reorganize the University of Louisville Board of Trustees and permanently enjoined the Governor from implementing the Executive Orders issued June 17, 2016, in connection with his effort. After thorough review of the briefs and an oral argument, we hold that intervening statutory law enacted by the General. Assembly has rendered moot . the legal issues decided by the Circuit court. We dismiss the appeal and.remand the case to the circuit court with directions to dismiss the complaint with prejudice. 

ALL SITTING. ALL CONCUR.

ENTERED: SEPTEMBER 28, 2017. 2016-SC-000642-TG FRANKLIN  TO BE PUBLISHED

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SC: August 24, 2017 Decisions of the Supreme Court of Kentucky (Minutes)

Insurance bad faith and experts not needed for emotional distress; widows claim survives final settlement; attorney entitled to quantum meruit so long as not terminated for cause; EUO obligation by passenger for claim for UM and PIP

Here are some of August 2017 published cases:

  • Insurance. Bad Faith. Damages. Emotional Distress. Expert testimony was not necessary to substantiate damages for emotional distress in a bad faith case.
    Indiana Ins. Co. v. Demetre
  • Workers Compensation.  Affirmed widow’s right to benefits under KRS 342.750, following a full and final settlement by the injured worker prior to his death.
    Family Dollar v. Mamie Baytos
  • Auto Accidents. Insurance. MVRA. Examination Under Oath. Injured passenger is obligated to comply with a driver’s insurance policy provision requiring an examination under oath as a prerequisite to receipt of uninsured motorist or basic reparations benefits.
    State Farm v. Adams
  • Attorney Fees. Discharged lawyer is entitled to receive, on a quantum meruit basis, a portion of a contingency fee on a former client’s recovery-so long as the termination was not “for cause.”
    Hughes and Coleman v. Chambers

Attorney Disciplinary Cases:

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Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.

SC: March 2017 Decisions of the Supreme Court of Kentucky (Minutes)

Complete minutes with links to full text of all decisions posted by the Supreme Court this month.

Here are some of Mar. 2017 published cases:

  • Workers’ Compensation. Weekly permanent-partial disability benefits and lump-sum attorney’s fee payment. Application of a multiplier reflecting the future periodic payment of the attorney’s fee commuted to a present value.

  • 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.

  • Premises Liability. Application of McIntosh and Shelton cases to a case involving a fall in a depressed area of the pavement in a parking lot. Is the condition “unreasonably dangerous” or “open and obvious?” Whether the business manager had sufficient control of the premises to be held jointly and severally liable.

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.

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SC: February 2017 Decisions of the Supreme Court of Kentucky (Minutes)

Complete minutes with links to full text of all decisions posted by the Supreme Court this month.

Here are some of Feb. 2017 published cases:

  • Prejudgment interest. Rights of third party assignee of a debt. Violation of Fair Debt Collection Practices Act. 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?  Click here for full text of decision.
  • Compensatory and punitive damages for alleged trespass upon land. Trial court erred by directing a verdict in appellants’ favor on the issue of liability for the trespass and submitting only the issue of damages for the jury’s determination. Adjoining landowners were not indispensable parties to the trespass action.  Click here for full text of decision.

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.

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SC: December 2016 Decisions of the Supreme Court of Kentucky (Minutes)

28 Decisions Numbered 166-193. 15 opinions published.

No minutes for November!  But the Supremes dished out 27 decisions and more for your reading pleasure.  Merry Christmas!

Here are some of this December’s from the published cases:

  • Evidence. KRE 615(3). Separation of Witnesses. Experts. Trial court properly exempted the defendant’s expert from the separation of witnesses rule based on counsel’s statement that the expert’s presence was essential to management of the case.
  • Mutual Release. Performance Bond. Whether a planning commission may call for payment on a performance bond where a developer, on whose behalf the bond was issued in favor of the planning and zoning commission, defaults on its loan obligation to the bank and executes a deed in lieu of foreclosure to the bank and its property management company. And if so, what is the effect of the language of the mutual release which absolves the developer’s surety of any further liability upon execution of the deed in lieu of foreclosure, and what is its effect on the bond obligations and the developer’s duty to indemnify the surety?
  • 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?
  • Governmental Immunity. Negligence. Comair Analysis. Whether Kentucky River, the Community Action Agency for four counties, is entitled to governmental immunity from a wrongful death claim.
  • Certification of the Law. Jury selection. Fair cross-section requirement.

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.

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SC: October 2016 Decisions of the Supreme Court of Kentucky (Minutes)

15 Decisions -- Nos. 151-165

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.

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SC: September 2016 Decisions of the Supreme Court of Kentucky (Minutes)

19 Decisions -- Nos. 132-150

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.

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SC: August 2016 Decisions of the Supreme Court of Kentucky (Minutes)

23 Decisions - No. 109-131

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows:

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