COA: August 18, 2017 Court of Appeals Decisions (Minutes)

Nos. 713-721: 9 Decisions Posted with 2 decisions designated 'to be published' with links to full text of each decision


716.  Confidentiality clauses and attorneys.  Held that the Supreme Court Rules may indeed create public policy on confidentiality and non-solicitation agreements, a violation of  Rule 5.6, does not form the basis for a wrongful termination suit.
Greissman v. Rawlings and Associates, PLLC

717.  DUI Blood tests.  Affirmed Circuit Court which held on appeal from district court that the excessively high cost of an independent blood test at University of Kentucky Medical Center effectively precluded the Appellee, James E. Riker, Jr. (Riker), from obtaining the statutorily mandated test that potentially might result in producing in exculpatory evidence and thus the excessive cost of the blood test constituted a denial of due process.
Commonwealth of Kentucky v. Riker



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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.