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This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.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

MNT032017

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.

MNT022017

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.

MNT122016

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.

mnt102016

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.

mnt092016

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:

mnt082016

 

June 16, 2016 Supreme Court of Ky Decisions (Minutes 87-108)

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.

Here are the minutes as posted:

Download (PDF, Unknown)

March 17, 2016 Supreme Court of Ky Decisions (Minutes 28-55)

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.

28.  Torts. Qualified immunity.  Suicide superseding intervening cause.
Patton vs. David Pickford
Supreme Court of Kentucky Published Opinion AFFIRMING
Torts. Negligence. Causation. Qualified Immunity. Issues include whether summary judgment was properly granted based on qualified immunity of school officials and whether suicide is a superseding cause which extinguishes tort liability.

30.  Workers Compensation. Injury during preemployment physical examination.
Rahla v. Medical Center at Bowling Green
Supreme Court of Kentucky Published Opinion AFFIRMING
Whether the Workers’ Compensation Act covers an injury sustained during a physical examination performed as a condition precedent to employment.

39.  Underinsured Motorist Benefits. Coverage.
State Farm vs. Riggs
Supreme Court of Kentucky Published Opinion REVERSING AND REMANDING
Contract. Automobile Insurance. Underinsured Motorist Coverage. Whether an automobile insurance policy provision requiring underinsured motorist claims to be brought within the same time period as tort claims under the Motor Vehicle Reparations Act—two years from the date of the accident or last basic reparations payment, whichever is later—is valid and enforceable.

43.  Discovery
Norton Hospitals v. Hon. Barry Willett
Supreme Court of Kentucky Published Opinion REVERSING AND REMANDING
Questions Presented:  Trial court cannot participate itself in discovery and produce documents that a party alleges are privileged in the face of a writ challenging the trial court’s determination that they are not privileged. Writ is not moot because relief can still be afforded.

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