Issues for October 13 & 14, 2016 include:

  • “Medical Malpractice. Informed Consent. Expert Testimony. Directed Verdict. The first issue is whether a directed verdict dismissing the case is appropriate in a medical malpractice claim when the plaintiff states during opening argument that she will introduce no expert testimony regarding the adequacy of the informed consent provided to her prior to the procedure. The second issue is whether expert testimony is necessary for the plaintiff to sustain her burden of proof with regard to the adequacy of the informed consent.”
  • “Family Law. Maintenance. Unemployed Spouse. Reasonable Expenses. Whether the family court correctly included expenses that are fully or partially attributable to the parties’ children in the unemployed spouse’s reasonable expenses when calculating maintenance.”
  • “Contract. Homeowner’s Insurance. Collapse. Issues include whether the structural damage to the insured’s home was sufficient to meet the policy’s definition of collapse.”
  • “Freedom of Speech. Criminal Penalties. City Ordinances. Whether a city ordinance banning the practice of begging or soliciting upon the public streets or at the intersection of public streets constitutes a violation of free speech and whether such an ordinance can impose criminal penalties for its violation.”
  • “Eminent Domain. Fair Market Value. Stand Alone Use of Property. Highest and Best Use. Expert Testimony. The issue is whether the Court of Appeals erred in its application of the highest and best use test in this eminent domain proceeding, and in doing so, whether the Court of Appeals usurped the role of the trial court as the finder of fact in such proceedings.”
  • “Attorney Fees. Issues involve whether, despite the circuit court’s award (following a bench trial and supported by expert testimony) of a partial fee on a quantum meruit basis to a law firm terminated by a personal injury plaintiff, that firm’s handling of basic and added reparation benefits created “good cause” for the termination and therefore defeated the claim for any portion of the fee.”

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.

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