SCOKY Arguments for Sept. 12 & 13, 2007 with links to briefs and COA decisions

Here are the cases set for argument at SCOKY for August, 2007, with dates, times, issues, and links to the briefs at Chase Law School (if available):

WEDNESDAY, SEPTEMBER 12, 2007

COURTROOM, UNIVERSITY OF KENTUCKY
620 S. LIMESTONE STREET
LEXINGTON, KENTUCKY
COLLEGE OF LAW

9:00 a.m. J.N.R., ET AL. V. JUDGE JOSEPH O’REILLY, ETC., ET AL.
(2007-SC-175-MR)
"Appeal pursuant to CR 76.36. Domestic Relations. Jurisdiction of family court. Presumption of legitimacy of child born during  arriage. Standing of child’s biological father to seek custody and visitation, pursuant to KRS 403 and KRS 406."
For Appellants: Charles E. Ricketts, Jr. and Louis I. Waterman
For Appellees: John H. Helmers, Jr. and Troy D. Demuth

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
No COA Decision

10:00 a.m. HINSHAW (NOW LENARZ) V. HINSHAW, ET AL.
(2006-SC-729-DGE)
"Domestic Relations. Child Custody. Wife revealed during divorce proceedings that child born during marriage was not fathered by husband. Issues include: (1) whether non-biological father may be awarded primary residential custody of child, and (2) whether doctrine of equitable estoppel allows husband to maintain parental rights."
Discretionary review granted 3/14/2007
Jefferson Circuit Court, Judge Kathleen Voor Montano
For Movant: Peter L. Ostermiller and James P. McCrocklin
For Respondents: Stephen P. Imhoff and Diana L. Skaggs

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
COA Decision: 2005-CA-002510

11:00 a.m. LYKINS ENTERPRISES, INC., ET AL. V. FELIX, (2006-SC-142-DG) AND (CROSS-MOTION) FELIX V. LYKINS ENTERPRISES, INC., ET AL. (2006-SC-624-DG)
Forum non conveniens. Suit involves the validity of the election to exercise an option to purchase real estate, contained in a lease applying to out-of-state property. Issues include whether the Court of Appeals properly applied forum non conveniens: On cross-appeal, the issues include (1) the propriety of the circuit court entry of summary judgment; (2) whether Ohio law should apply; and (3) whether the cross-movant should prevail under Ohio law.
Discretionary review granted 8/17/2006 and 10/12/2006
Mason Circuit Court, Judge Robert McGinnis
For Movants/Cross-Respondents: Richard M. Sullivan and Jennifer Fust-Rutherford
For Respondent/Cross-Movant: N. Jeffrey Blankenship and Edward S. Monohan

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
COA Decision: 2004-CA-001305

THURSDAY, SEPTEMBER 13, 2007

FAYETTE COUNTY CIRCUIT COURT
JAMES E. KELLER COURTROOM
120 NORTH LIMESTONE STREET
LEXINGTON, KENTUCKY

9:00 a.m. CUMMINGS V. PITMAN, ET AL. (2005-SC-861-DG)
"Personal jurisdiction. At issue is whether Kentucky courts may exercise jurisdiction over defendant in his capacity as attorney but not as trustee."
Discretionary review granted 6/7/2006
Boyle Circuit Court, Judge Darren Peckler
For Movant: Charles W. Curry
For Respondents: Charles R. Hembree, Ashley W. Ward, Holly Neikirk Lankster, Kevin L. Nesbitt, and Ephraim Woods Helton

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
COA Decision: 2004-CA-001185

10:00 a.m. WITTEN, JR., ET AL. V. PACK (2005-SC-414-DG)
"Medical Malpractice. At issue is whether a physician who slipped and grabbed onto a patient following surgery is negligent as a matter of law."
Discretionary review granted 6/7/2006
Jefferson Circuit Court, Judge James M. Shake
For Movants: James P. Grohmann
For Respondent: Gary R. Hillerich

Appellant’s Brief
Appellee’s Brief
COA DECISION:  2004-CA-000551.pdf

11:00 a.m. PAPA JOHN’S INTERNATIONAL, ET AL. V. MCCOY
(2005-SC-614-DG)
"Torts. Vicarious Liability. Ostensible Agency. Issues include whether franchisor and franchisee were entitled to summary judgment on plaintiff customer’s claims that employee of franchisee committed torts of defamation and malicious prosecution."
Discretionary review granted 8/17/2006
Floyd Circuit Court, Judge John David Caudill
For Movants: Janet P. Jakubowicz, Brent R. Baughman, Jesse Allen Mudd, Pamela T. May, and Erich E. Blackburn
For Respondent: C. Thomas Hectus and Randall S. Strause

Appellant RWT Inc.’s Brief
Appellant Papa John’s Brief
Appellee’s Brief
Appellee’s Brief
Appellant RWT Inc.’s Reply Brief
Appellant Papa John’s Reply Brief
Amicus Curiae Brief of Kentucky Chamber of Commerce 
Amicus Curiae Brief of International Franchise Association
COA DECISION:  2003-CA-002177.pdf

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One thought on “SCOKY Arguments for Sept. 12 & 13, 2007 with links to briefs and COA decisions

  1. SCOKY Arguments for Sept. 12

    Six cases are set to be heard by SCOKY (Supreme Court of Kentucky) on Sept. 12 and 13 in Lexington. On Sept. 12 the cases will be heard in Fayette Circuit Courthouse and on Sept. 12 at the UK School of Law. For the dates, times, issues, counsel, briefs…