Discretionary Review Grants – Aug. 19, 2009

Discretionary Review Grants – Pending – As of Aug. 19, 2009

Davis et al . v. Scott et al . ,
2009-SC-159-DG & 2009-SC-391-DG
Assignment of proceeds from legal malpractice claim . Summary Judgment.

The issues are: 1 . whether Kentucky should allow parties to assign a portion of the proceeds from a legal malpractice claim ; 2 . whether the trial court properly grants summary judgment where the parties present conflicting evidence as to whether the assignment was an assignment of a legal malpractice claim or an assignment of a portion of the proceeds and who controls the litigation, and 3. even if a party cannot assign a portion of the proceeds from the claim, can the party proceed with the malpractice litigation? On cross-motion, Scott raised the following issues : 1 . did the trial court err by denying summary judgment on "corrective" attorney's fees ; 2. did the trial court err by failing to grant summary judgment on Davis's claim for emotional distress damages ; 3. did the trial court err by failing to dismiss the case based on the fundamental disagreement between Davis's expert witnesses as to when and how Scott violated the standard of care, and 4. whether one of Davis's expert witnesses can testify Scott violated SCR 3 .130 regarding competency .

Kentucky Public Service Comm v. Commonwealth of Kentucky,
7 2009-SC-134-DG, 2009-SC-150-DG
Public Utilities. Rate Riders.

This is a public utilities case concerning the Public Service Commission's authority to approve a rider; the proper procedure for approving said rider, and the constitutionality of KRS 278 . 509.


Crouch v . Commonwealth,

2009-SC-129-DG
Criminal Law. Prosecutorial Discretion . Rule of Lenity. Equal Protection .

Issues include whether providing a false name to a police officer may be prosecuted as identity theft, a Class D Felony, even though same actions arguably constitute the more specific offense of giving a false name to a peace officer, which is only a Class B misdemeanor.


DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 8/19/09

Reinstedler v . Reinstedler,
2009-SC-88-DG
Dissolution . Nonmarital Property. Gifts.

Issue is whether Court of Appeals erred in reversing family court's decision that a gift of property from one spouse's parents was intended as a gift to both spouses.

Kentucky Farm Bureau Ins. Co. v. Young,
2008-SC-333-DG
Automobile Insurance. Underinsured Motorist Coverage . Settlements . Notice. Subrogation .

Issues include whether plaintiff insured's KRS 304 .39-320 "Coots notice" to UIM carrier was insufficient to preserve U IM claim, where: notice overstated amount plaintiff was to receive from tortfeasor's liability insurer; notice was not sent by registered or certified mail ; UIM carrier did not substitute payment of settlement amount within thirty days after notice; and plaintiff proceeded with settlement.

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