May 2012 SCOKY Oral Argument Calendar

Click HERE for link for this month’s argument calendar.

Click here for link to table of all monthly calendars at AOC from 2005 to date.

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here).

If the briefs have been filed at NKU at the time of this post, then they are linked here.  If the briefs were not available on line, THEN  Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those “accepted for oral argument.”).  Links to the briefs are at the bottom of this post.  Please scroll down.

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

HERE ARE THE AOC MINUTES:

WEDNESDAY, MAY 16, 2012

9:00 a.m. GRIFFIN, ETC., V. RICE (2011-SC-250-DG)
“Summary judgment. Interpretation of KRS 392.090(2): Forfeiture of dower or
curtesy rights by spouse who voluntarily leaves the other and “lives in adultery.”
Discretionary Review granted 11/16/2011
Harlan Circuit Court, Judge Gary D. Payne
For Movant: Otis Doan, Jr.
For Respondent: Karen Sue Davenport

10:00 a.m. HARDIN, ET AL. V. COMMONWEALTH OF KENTUCKY (2011-SC-722-TG)
“Post-conviction. DNA analysis of evidence.”
Meade Circuit Court, Judge Sam Monarch
For Appellants: Larry David Simon, Linda A. Smith, Jason Kreag, Kathleen
Kallaher Schmidt, Marguerite Neill Thomas and Theodore S. Shouse
For Appellee: Perry Thomas Ryan

11:00 a.m. SAVAGE, ET AL. V. THREE RIVERS MEDICAL CENTER (2010-SC-478-DG)
AND (CROSS-MOTION) THREE RIVERS MEDICAL CENTER V. SAVAGE,
ET AL. (2011-SC-348-DG)
“Torts. Medical Malpractice. Issues include whether the evidence sufficed to
create a jury question relating to a surgical sponge left in a patient’s abdomen
when the patient had undergone multiple previous surgeries in that area of the
body.”
Discretionary Review granted 6/8/2011 and 9/14/2011
Lawrence Circuit Court, Judge John David Preston
For Movants/Cross Respondents: Harry Truman Chafin, Michael Todd Hogan
and Letitia Neese Chafin
For Respondent/Cross-Movant: William P. Swain and David Sean Ragland

THURSDAY, MAY 17, 2012

9:00 a.m. NEWTON V. UNIVERSITY OF LOUISVILLE (2010-SC-782-DG)
“Sovereign Immunity. Breach of Contract. The issues include what type of
contract, if any, U of L’s personnel policies and employee handbook create
between U of L and its employees. And, if these documents create a contract,
is that contract sufficient under KRS 45A.245 so as to waive U of L’s right to
sovereign immunity.”
Discretionary Review granted 11/16/2011
Jefferson Circuit Court, Judge Olu Alfredo Stevens
For Movant: Kenneth James Henry
For Respondent: Donna King Perry and Jeremy Stuart Rogers
(Justice Lisabeth Hughes Abramson is recused.)

10:00 a.m. FURTULA, ET AL. V. UNIVERSITY OF KENTUCKY, ET AL.
(2011-SC-332-DG)
“Sovereign Immunity. Breach of Contract. The issues include what type of
contract, if any, UK’s personnel policies and employee handbook create
between UK and its employees. And, if these documents create a contract, is
that contract sufficient under KRS 45A.245 so as to waive UK’s right to
sovereign immunity.”
Discretionary Review granted 11/16/2011
Fayette Circuit Court, Judge Thomas L. Clark
Franklin Circuit Court, Judge Thomas D. Wingate
For Movants: Mendel Austin Mehr and Timothy E. Geertz
For Respondents: Stephen L. Barker, Joshua Michael Salsburey, Christopher
S. Turner, Barbara Ann Kriz, Dustin Elizabeth Meek and Jonathan Todd
Salomon.
(Justice Lisabeth Hughes Abramson is recused.)

11:00 a.m. NATIONAL UNION FIRE INSURANCE COMPANY, ET AL. V. PIKE COUNTY
BOARD OF EDUCATION, ET AL. (2010-SC-827-DG)
“Insurance. The issues involve interpretation of policy provisions regarding the
effect of the delayed reporting of a claim under “claims based” policies with
discrete coverage periods but when viewed together provide continuous
coverage to the insured.”
Discretionary Review granted 9/14/2011
Pike Circuit Court, Judge Eddy Coleman
For Movants: Robert S. Walker III and Kathryn Kendrick
For Respondents: Robert Lynn Chenoweth, Neal Smith and Lawrence R.
Webster
(Rescheduled from April 19, 2012)

FRIDAY, MAY 18, 2012

9:00 a.m. LOFTON V. FAIRMONT SPECIALTY INSURANCE MANAGERS, INC., ETC.,
ET AL. (2010-SC-749-DG)
“Attorney’s Fees. At issue is attorney’s entitlement to a fee under quantum
meruit after withdrawing from a representation that involved a contingent fee
contract.”
Discretionary Review granted 10/19/2011
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: Rodger Wayne Lofton
For Respondents: Charles David Walter, Samuel Scott Marcum,
William. F. M. Schrock and Delbert K. Pruitt

10:00 a.m. KEELING V. COMMONWEALTH OF KENTUCKY (2010-SC-351-MR)
“Guilty but Mentally Ill. Murder and First-Degree Assault. Life—20 years.”
Graves Circuit Court, Judge Timothy C. Stark
For Appellant: Linda Roberts Horsman
For Appellee: Gregory C. Fuchs

11:00 a.m. CUNNINGHAM, ET AL., V. WHALEN, ET AL. (2010-SC-564-DG) AND
(CROSS-MOTION) WHALEN, ET AL., V. CUNNINGHAM, ET AL.
(2011-SC-174-DG)
“Open Meetings Act. Litigation Exception. Issues include whether the litigation
exception to the Open Meeting Act’s requirements applies where a zoning
decision is the focus of the litigation.”
Discretionary Review granted 3/16/2011 and 5/11/2011
Boone Circuit Court, Judge Anthony Frohlich
For Movants/Cross-Respondents: Teresa Lyn Cunningham
For Respondents/Cross-Movants: Hugh O. Skees, Thomas Anthony Sweeney
and Michael Taylor McKinney
(Rescheduled from April 20, 2012)

HERE ARE LINKS TO THE BRIEFS FILED AT NKU, SALMON P. CHASE COLLEGE OF LAW.

ARGUED Apr 20, 2012

9:00a Wright v. House of Imports, 2011-SC-264
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
10:00a Abel v. Austin, 2010-SC-426
Appellant’s Brief
Appellee’s Brief
Appellee’s Brief
Appellee’s Brief
Appellant’s Reply Brief
11:00a Sawyers v. Beller, 2010-SC-678
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

ARGUED Apr 19, 2012
9:00a Norton Hospitals Inc. v. Peyton, 2010-SC-818, 2010-SC-819
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
10:00a Guzman v. Commonwealth, 2010-SC-415
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
11:00a Alred v. Commonwealth, 2011-SC-558
Appellant’s Brief
Appellee’s Brief

ARGUED Apr 18, 2012
10:00a Jefferson County Bd. of Educ. v. Fell, 2011-SC-658
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
Amicus Curiae
Amicus Curiae
Amicus Curiae
Amicus Curiae

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