Legal News Stories – June 12, 2015

Nelson County Courthouse Penny Postcard

Courts say theres no claim for reverse bad faith. could they be wrong? – Lexology

Last month, in State Auto Property & Casualty Ins. Co. v. Hargis, No. 13-5020 (6th Cir. May 6, 2015), the U.S. Court of Appeals for the Sixth Circuit predicted that the Kentucky Supreme Court would not allow insurers to sue policyholders for the tort of “reverse bad faith.” The court’s analysis drew a distinction between the duty of good faith and fair dealing that is implied by law into contracts and the distinct, common law duty that arises from a “special relationship” between the parties. Only the latter duty gives rise to a tort claim. The court also found that no other state has recognized a tort of reverse bad faith. Yet, given recent interpretations of the contractual duty, it’s arguable that “reverse bad faith” is already here—and what we should be asking is whether it can be of any use.

 

County Attorney Mike O’ Connell suspends Karl Price without pay

LOUISVILLE (WHAS 11) — Karl Price, a prosecutor with the Jefferson County attorney’s office, was suspended without pay following comments he made in a letter to a local business.  He was ordered to undergo sensitivity training for comments he said in the letter, using words like “greedy foreigners” and saying the Hwangs practice under “ancient Asian principles.”

Retirees allowed to keep fighting in GE suit

The seven-page ruling that challenges GE’s decision to drop its Medicare benefit plans and switch salaried retirees to private exchanges in essence delivered victories to the company and retirees and ensured that the litigation will continue for months. The changes, which took effect Jan. 1, have impacted an estimated 65,000 retirees and their families, including several thousand nonunion former workers at GE’s Appliance Park in Louisville. GE officials have said the benefits switch which affects all of the divisions within the company were in the works two years before GE announced plans this fall to sell its appliances division to Sweden-based Electrolux.

Attorney general: Lexington police broke records law by demanding address of man who sought documents | Crime | Kentucky.com

The Open Records Act does not require a person to provide an address unless they want the documents mailed to them. Greenleaf shot the dog six times after it bit him as he ran through the backyard of a Lexington home while pursuing a suspect on foot. The bite did not draw blood and Greenleaf was not hospitalized.

Commonwealth’s Attorney to seek death penalty against 3 suspects – WDRB 41 Louisville News

LOUISVILLE, Ky. (WDRB) – The Jefferson County Commonwealth’s Attorney will seek the death penalty against three people accused of murdering a tourist in town for the Kentucky Derby, according to spokesperson Jeff Cooke.  Cooke says the office filed a notice of aggravating circumstances last week, telling the court the prosecution would be seeking capital punishment in the case against Fahed Abu-Diab, Fatima Abu-Diab and Tyrone Thomas Jr.

Buffalo Trace security guard expected to testify against bourbon – WDRB 41 Louisville News

They say on two difference occasions, between Nov. 1, 2014 and Dec. 31, 2014, Wright allowed Curtsinger to take the stainless steel barrels of bourbon. In April, nine people were indicted for the bourbon thefts. He resigned after being accused of being involved in the bourbon and steroid ring.
On Friday, Wright pleaded guilty to a reduced charge of “Criminal facilitation to receive stolen property over $10,000,” Class A misdemeanor punishable by up to 12 months behind bars.