SC: October 2017 Oral Arguments before Ky Supreme Court

Only one day this month - Thursday Oct. 26. A good one to catch either streaming or live is GEICO v. Houchens class action on car insurers terminating PIP benefits on paper medical reviews. Should be many in the audience.

A few issues this month include:

  • “Insurance. MVRA. KRS 304.39-270-(1). The question is whether a Kentucky motor vehicle reparations obligor may terminate their insured’s basic reparations benefits premised purely upon “paper reviews” of medical records not tendered for court review.” [This case is scheduled for oral argument on 10/26/2017 at 9:00 am.   Important issue of paper reviews used to deny no-fault PIP benefits.  You should earn CLE for this one for appellate advocacy with the following attorneys involved:Attorneys for Appellant: Edward H. Stopher and Todd Patrick Greer
    Attorneys for Appellees: Kevin Crosby Burke, C. David Ewing, Jamie Kristin Neal, and Damon Blake Willis
  • “DUI. Indigent Defendants. KRS 534.040. KRS 189A.010. Issues include whether the district court properly imposed a fine on an indigent defendant convicted of a DUI.”  10/26
  • “KRS 15.520. Kentucky Law Enforcement Foundation Program. Due Process. Termination of deputy sheriff. The issue is whether a sheriff who has elected to receive funds pursuant to KRS 15.520, is required to follow the due process requirements of the statute for the termination of a deputy sheriff even though there is no deputy sheriff review board in the county.” 10/26

 

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.

SCOOCT17

SC: September 2017 Grants of Discretionary Review by the Supreme Court of Kentucky (MDRs)

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 JEFFERSONCourt 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.Here is the compiled list of pending discretionary reviews granted up through August 2017.  September MDRs are not yet included, and those decisions included in the September Minutes have yet to be removed.  When SCOKY updates this list we will post it.For case information, here is the link to the search page.  You will also be able to follow and look up the underlying case information with a link to the COA decision, if there is one, using the search function for the COA.
  • Link to SCOKY Case Info
  • Link to COA Case Info
2017.08.16.DiscretionaryReview

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

MNT092017

 

Supreme Court of Kentucky to hear arguments Sept. 20-21 in Frankfort

Proceedings are open to the public. This an AOC Press Release.

You can watch these in person at Frankfort or you can catch them streaming at the time of the arguments (small delay for streaming)

FRANKFORT, Ky., Sept. 7, 2017 – The Supreme Court of Kentucky will convene Sept. 20-21 in Frankfort to hear oral arguments in civil cases. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, SEPT. 20, 2017
9 AM
2016-SC-0220-DG
UNIVERSITY OF LOUISVILLE V. MARK ROTHSTEIN

View Case Briefs

“Sovereign Immunity. Government Contracts. Employment. KRS 45A.245. Whether the University is immune from a former employee’s claim for breach of his written employment contract.”

Discretionary Review granted 2/9/2017

Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appellant: Craig Christman Dilger and Emily Mattingly

Attorneys for Appellee: Robert W. Bishop, John Saoirse Friend and Tyler Zachary Korus

NOTE: Justice Hughes not sitting.

10 AM
2016-SC-0136-DG
ANGELA FORD, ET AL. V. FAISAL SHAH, ET AL.

View Case Briefs

“Tort Law. Conversion. Uniform Commercial Code. Whether the defendants committed the tort of conversion when a signatory on the plaintiff’s bank accounts used his apparent authority over the accounts to transfer funds for the benefit of the defendants.”

Discretionary Review granted 12/8/2016

Fayette Circuit Court, Judge Thomas L. Clark

Attorneys for Appellants: Angela Margaret Ford, Mindy Barfield and Brett Nolan

Attorneys for Appellee, Faisal Shah: Stephen M. O’Brien, III and David Coomer

Attorneys for Harold Baerg, Jr. and Kathleen M. Baerg: John F. Williams, John Nathaniel Billings, Christopher L. Thacker and Stephen Wilson

11 AM
2016-SC-000572-DG
LATASHA MAUPIN V. ROLAND TANKERSLEY

View Case Briefs

“Torts. Dog Bite Law. Issues involve application of KRS 258.235(4) as well as strict liability and negligence principles in a case involving unconfined dogs in a rural setting.”

Discretionary Review granted 3/15/2017

Jackson Circuit Court, Judge Oscar G. House

Attorneys for Appellant: Marshall F. Kaufman, III and Kerstin Schumann

Attorneys for Appellee: Daniel Allen Simons and Amanda Kash

THURSDAY, SEPT. 21, 2017
9 AM
2016-SC-0591-DG
SALLY CAROL GRASCH V. ALBERT FRANKLIN GRASCH, JR.

View Case Briefs

“KRS 403.190. Marital Property. Contingent Fee Cases. The only issue to be addressed in this matter is whether contingent fee cases of an attorney spouse should be treated as marital property under KRS 403.190.”

Discretionary Review granted 2/9/2017

Fayette Circuit Court, Judge Jo Ann Wise

Attorneys for Appellant: Suzanne Marie Baumgardner and Valerie S. Kershaw

Attorneys for Appellee: Kara Read Marino and Meredith Fannin

NOTE: Justice VanMeter not sitting.

10 AM
2016-SC-000457-DG
RICHARD STORM V. LOUIS MARTIN

View Case Briefs

“Torts. Public Employee Personal Liability. Whether the use of the word “shall” in KRS 179.070(1) imposes mandatory liability upon a county engineer for tree removal from a public right-of-way creating a traffic hazard.”

Discretionary Review granted 2/9/2017

Jefferson Circuit Court, Judge Mary M. Shaw

Attorneys for Appellant: Paul Guagliardo, Michael J. O’Connell, and Gregory Scott Gowen

Attorneys for Appellee: Lawrence Lee Jones, II, Alexander Davis, and Ashton Smith

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

View Case Briefs

“Torts. Property Owner Liability. Firefighter’s Rule. Issues include whether a police officer is barred from suing a property owner for injuries incurred when she fell down a hill while pursuing a suspect.”

Discretionary Review granted 3/15/2017

Boyle Circuit Court, Judge Darren Peckler

Attorneys for Appellant: Robert Barry Cetrulo, Casey Leigh Hinkle, and Michael P. Abate

Attorneys for Appellee: Kelly P. Spencer and Lyman Darby

SC: Attorney Discipline Matters for August 24, 2017

BRYAN EDWARD BENNETT V. KENTUCKY BAR ASSOCIATION
2017-SC-000241-KB IN SUPREME COURT
ORDER OF PUBLIC REPRIMAND.
ALL SITTING. ALL CONCUR.

KENTUCKY BAR ASSOCIATION V. CARL WAYNE GIBSON
2017-SC-000247-KB IN SUPREME  COURT
TO BE PUBLISHED
ORDER OF SUSPENSION FROM THE PRACTICE OF LAW FOR 30 DAYS.
ALL SITTING. ALL CONCUR. 

SC: August 2017 Grants of Discretionary Review by the Supreme Court of Kentucky (MDRs)

Complete list of cases pending discretionary review by dates granted and summary of issue presented at bottom of this page.

COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW – 
AUGUST 16, 2017 

BIG SANDY COMPANY, LP V. EQT GATHERING, LLC, ET AL.
2016-SC-000561-DG PIKE
WRIGHT, J., NOT SITTING.

VANHOOK ENTERPRISES, INC. V. KAY & KAY CONTRACTING, LLC.
2016-SC-000666-DG PULASKI
VENTERS, J., NOT SITTING.

C. W. HOSKINS HEIRS, ETC. V. RUTH FARMER WELLS, ET AL.
2017-SC-000004-DG LESLIE

DEPARTMENT OF REVENUE, ETC. V. MARK F. SOMMER, ET AL.
2017-SC-000071-DG FRANKLIN
VANMETER, J., NOT SITTING.

STEVEN M. JACOBI V. F. LARRY HOLBERT
2017-SC-000092-DG HARDIN

COMMONWEALTH OF KENTUCKY V. B. H.
2017-SC-000155-DG JEFFERSON

EQT PRODUCTION COMPANY V. DANNY POTTER, ET AL.
2017-SC-000161-DG PIKE
AND
BLUE FLAME ENERGY CORPORATION V. DANNY POTTER, ET AL.
2017-SC-000164-DG PIKE
WRIGHT, J., NOT SITTING.

DON HENSLEY V. KEITH A. GADD, ET AL.
2017-SC-000189-DG GARRARD

COREY M. JETER V. COMMONWEALTH OF KENTUCKY
2017-SC-000232-DG JEFFERSON

ROBERT SHELBY CAUDILL V. COMMONWEALTH OF KENTUCKY
2017-SC-000288-DG LETCHER
WRIGHT, J., NOT SITTING.


2017.08.16.DiscretionaryReview

SC: September 2017 Oral Arguments before Ky Supreme Court

A few issues this month include:

“Sovereign Immunity. Government Contracts. Employment. KRS 45A.245. Whether the University is immune from a former employee’s claim for breach of his written employment contract.” 9/20/17;

“Tort Law. Conversion. Uniform Commercial Code. Whether the defendants committed the tort of conversion when a signatory on the plaintiff’s bank accounts used his apparent authority over the accounts to transfer funds for the benefit of the defendants.” 9/20

“Torts. Dog Bite Law. Issues involve application of KRS 258.235(4) as well as strict liability and negligence principles in a case involving unconfined dogs in a rural setting.” 9/20

“Torts. Public Employee Personal Liability. Whether the use of the word “shall” in KRS 179.070(1) imposes mandatory liability upon a county engineer for tree removal from a public right-of-way creating a traffic hazard.” 9/21

“Torts. Property Owner Liability. Firefighter’s Rule. Issues include whether a police officer is barred from suing a property owner for injuries incurred when she fell down a hill while pursuing a suspect.” 9 /21

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.

SCOSEP17

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:

MNT082017

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.